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New Landlord New Landlord
11-04-2008, 20:49 PM
Hi Everyone,

I am new to being a landlord & i have had a nightmare over the last 12 months.I need advise on a few things, any advise will be great.

Firstly can you have a AST with a Limited company, if yes then all well & good if not is the company still abliged to comply with the conditions on the AST that they have signed.

On the start of the AST i drew up an inventory which was signed by one of the directors accepting the property in imaculate condition. I carried out a mid-term inspection & sent a copy to them stating on a seperate letter whatever was damaged needed to be rectified by the end of the term & any other damages that may occur between now & then as i would not be renewing the AST.

The AST was coming to an end so two weeks before i wrote to them asking them to make sure the property was vacant of any tenants placed there & also to make sure all damages, missing items, cleaning etc was done prior to the check out/handover.

The day of the check out, when i got there (2 hours before meeting someone representing the company so i had my check out report completed) i was disgusted at the state of the place it was a mess. There were lots of things missing, damaged ect. I got the guy to sign the check out/handover report. I sent a copy of the report with a covering letter stating all that needed sorting,it has been a week & they have not replied. I wrote to them again today giving them untill the 16th April to respond otherwise i would take matters into my own hands to get things sorted then send copies of recipts to them for reibersment. In the mean time im am also loosing out as i have two prospective tenants waiting to move in. I dont have a deposit in had to cover the damages as they did not pay my last months rent even if i did that would not cover what needs to be done.

I took photos at all times before check in, mid-term & also the check out/handover. Can someone please please give me some advise on what i should do next.

Many Thanks

New Landlord New Landlord

Colincbayley
12-04-2008, 08:15 AM
You can not issue a AST to a ltd company, you should have used a Standard Assured Tenancy agreement.
However, I doubt that this alone would stop you pursuing them for the cost of any damage to the property.

jeffrey
13-04-2008, 14:10 PM
You can not issue a AST to a ltd company, you should have used a Standard Assured Tenancy agreement.

NO!

A limited company cannot hold ANY tenancy under Housing Act 1988- neither AST nor SAT either.
See section 1(1)(a): T (or each/all of joint T) must be an individual. A letting to a company is therefore governed by:
a. Part II of LTA 1954 (if a business property); or
b. common law contractual rules only.

Colincbayley
13-04-2008, 15:03 PM
NO!

A limited company cannot hold ANY tenancy under Housing Act 1988- neither AST nor SAT either.
See section 1(1)(a): T (or each/all of joint T) must be an individual. A letting to a company is therefore governed by:
a. Part II of LTA 1954 (if a business property); or
b. common law contractual rules only.

Got that wrong then didn't I !

Learn something new every day.

jeffrey
14-04-2008, 09:06 AM
Got that wrong then didn't I !

Learn something new every day.

Yup- but that's how we all learn too.

New Landlord New Landlord
15-04-2008, 21:38 PM
NO!

A limited company cannot hold ANY tenancy under Housing Act 1988- neither AST nor SAT either.
See section 1(1)(a): T (or each/all of joint T) must be an individual. A letting to a company is therefore governed by:
a. Part II of LTA 1954 (if a business property); or
b. common law contractual rules only.

Thanks for your replys.

Jeffrey can you tell me where do i stand with regards to the damages caused to my property if i was to take them to a small claims court. As i stated before i have an check in, inventory, mid-term, check out reports with signatures & before & after photos. Will these be taken into concideration in court?

As i was not advised correctely by the estate agent i used is there anything i can do against them?

jeffrey
16-04-2008, 09:10 AM
1. The tenancy is valid- just not an AST.
2. T (the company) is bound by the obligations in it.
3. Court will consider all relevant evidence.
4. You may have rights against Agent for breach of contract (= failure to advise you properly, in performance of Agent's duty to you).

New Landlord New Landlord
16-04-2008, 19:29 PM
1. The tenancy is valid- just not an AST.
2. T (the company) is bound by the obligations in it.
3. Court will consider all relevant evidence.
4. You may have rights against Agent for breach of contract (= failure to advise you properly, in performance of Agent's duty to you).

Thanks for your help Jeffrey. I think i will write them one last letter giving them a costing of the repairs etc & a date as to when i expect settlement & if this does not work then i will take court proceedings.

Thanks again to you all especially Jeffrey you have been extreamly helpfull.

I will keep you updated.

New Landlord New Landlord
19-08-2008, 23:28 PM
Hi Everyone,

I'm getting back on this as i have received an hearing date & i need further advise please as i have never been to court before i am very nervous & don't know what to expect.

As written on the hearing letter are the two things that I'm not sure on:

1)The documents & information sent to the court & each party should,where available, include:
a)the letter making the claim & any reply
What letter are they referring to?

2)The documents to be sent to the parties & the court must include the statements of all witnesses(including the parties themselves).
Does this meant i now need to write a statement & if so why?

Thanks for any advise you can give.

New Landlord New Landlord
22-08-2008, 10:58 AM
Hi Everyone once again,

Please, please, please advise as i am really nervous about this court hearing & i am trying to get all my documents together & i need to know more info on my last post above.

Many, many Thanks in advance.

PaulF
22-08-2008, 18:55 PM
The letter concerning the amount of your claim would be the breakdown of the cost of the damage that needs rectification presumably.

Yes, you need to write a witness statement and to submit it to the court and the other parties. It's your version of events. You shoudn't be nervous about attending a court; the judge will direct you and you should just tell it as it is.

All info regarding court claims can be found at www.courtservice.gov.uk

New Landlord New Landlord
23-08-2008, 13:38 PM
[QUOTE=Paul_f;88656]The letter concerning the amount of your claim would be the breakdown of the cost of the damage that needs rectification presumably.

I have redecorated the flat & replaced missing items. Will the documents below be sufficient enough?

1:My statement of events from the beginning of the term to the end of the term.
2:Check in report.
3:Inventory.
4:Photos of points 2 & 3.
5:Mid-term inspection report.
6:Photos of point 5.
7:Check out report.
8:Photos of point 7.
9:Letters sent to the T(the company) with signed proof of delivery.
10:Invoices of works carried out & for items replaced.

Would it be an idea to send a copy of the AST highlighting the section;THE TENANT AGREES WITH THE LANDLORD?

P.S: Thanks to whoever reworded my title in the thread & also thanks to all that have replied. I now am feeling a little less nervous as i have started to put all my facts together.

TenantsLuvMe
23-08-2008, 13:48 PM
[QUOTE=Paul_f;88656]The letter concerning the amount of your claim would be the breakdown of the cost of the damage that needs rectification presumably.

I have redecorated the flat & replaced missing items. Will the documents below be sufficient enough?

1:My statement of events from the beginning of the term to the end of the term.
2:Check in report.
3:Inventory.
4:Photos of points 2 & 3.
5:Mid-term inspection report.
6:Photos of point 5.
7:Check out report.
8:Photos of point 7.
9:Letters sent to the T(the company) with signed proof of delivery.
10:Invoices of works carried out & for items replaced.

Would it be an idea to send a copy of the AST highlighting the section;THE TENANT AGREES WITH THE LANDLORD?

P.S: Thanks to whoever reworded my title in the thread & also thanks to all that have replied. I now am feeling a little less nervous as i have started to put all my facts together.

I think the above are excellent documents plus the signed tenancy agreement with pertinent highlights.

Good luck.
I have never had such a terrible tenant, etc., but I hope its your last experience like this.

New Landlord New Landlord
23-08-2008, 13:58 PM
[QUOTE=New Landlord New Landlord;88691]

I think the above are excellent documents plus the signed tenancy agreement with pertinent highlights.

Good luck.
I have never had such a terrible tenant, etc., but I hope its your last experience like this.

Thanks TenantsLuvMe for your quick reply. You have just made me feel that much better & that less nervous.

This is why i come on this forum because of people like you & the others that have replied giving the help & advice that is vital & useful. :)

TenantsLuvMe
23-08-2008, 14:16 PM
[QUOTE=TenantsLuvMe;88694]

Thanks TenantsLuvMe for your quick reply. You have just made me feel that much better & that less nervous.

This is why i come on this forum because of people like you & the others that have replied giving the help & advice that is vital & useful. :)


Happy to help.

If you have any letters that you have sent the tenant or any person representing the tenant concerning the condition of the property or their failure to observe the terms of the tenancy agreement, add those too to the list.

New Landlord New Landlord
23-08-2008, 14:24 PM
[QUOTE=New Landlord New Landlord;88697]


Happy to help.

If you have any letters that you have sent the tenant or any person representing the tenant concerning the condition of the property or their failure to observe the terms of the tenancy agreement, add those too to the list.

I have sort of, at the end of the term when i conducted check out with a rep for the T(the company) i made a list of all that was missing & damaged for each room & posted it with a covering letter but did not get a reply. I will be submitting a copy of this.

New Landlord New Landlord
29-08-2008, 20:10 PM
Today i had my property mangment company that i used to redecorate & re furnish my property contact me. He told me that the director of the company (my T) phoned him & was asking questions like:

When did you carry out the works?
Do you have recipts for the materials used & for fittings replaced?
Will you be prepared to testifiy in court that you carried out the works?
When did you do the works?

& also told him (property mangment company) that i will pass your details onto my solicitors & they will be in contact with you. He (the director) even said he was pat of the authorities.

My question here is as this is a small claims court can the property mangment company be forced to go to court as he does not want anything to do with it?

I hope the above is understandable. Any advise would be very helpfull.

New Landlord New Landlord
02-09-2008, 19:57 PM
Any thoughts on my last post above would be very much appreciated.

Thanks in advance.

jeffrey
05-09-2008, 13:04 PM
Surely there is no contract between your T and your property management company PMC. Each has a separate contract with you only. Consequently, T cannot sue PMC and vice-versa.

New Landlord New Landlord
10-09-2008, 22:27 PM
Not long left for the court hearing & i have been looking at the documents submitted to me & the courts by the T (company) & noticed that the witness statement does not have the wording 'I believe the facts stated in this witness statement are true' at the end & also it has not been signed.

Is this statement valid?

New Landlord New Landlord
11-09-2008, 19:48 PM
Not long left for the court hearing & i have been looking at the documents submitted to me & the courts by the T (company) & noticed that the witness statement does not have the wording 'I believe the facts stated in this witness statement are true' at the end & also it has not been signed.

Is this statement valid?Any legal people want answer the question above please.

Thanks.

Bel
12-09-2008, 07:20 AM
If you are going to court on a defended case you would be very wise to seek paid legal advice.

New Landlord New Landlord
12-09-2008, 07:26 AM
If you are going to court on a defended case you would be very wise to seek paid legal advice.
Thanks for your reply Bel, i am well aware that i can get paid legal advise, but i thought as everyone does i'd ask on this forum first.