Question Time (2)

[Paul_f]

Right you budding academics, here's another batch of Q's for you to have a go at, and maybe Tom the Editor might give another prize? They are a little more difficult than the last lot!


A landlord writes a letter to the tenant giving the statutory 2 months notice to vacate. Could this be sufficient rather than the issue of a S.21 Notice if you have to use the APP in court?
A letting agent has written terms of business with his client; as he already has an express authority to act on the landlord's behalf, does this extend to an implied authority to sign the tenancy agreement on his behalf?
If you only quote the Housing Act 1988 in your AST, does this automatically include the provisions of the 1996 Act?
If the tenant requests the landlord's name and address from the agent, how long does the agent have to do this? And as an extra bonus do you know the fine that can be levied on the agent for failure to comply?
You erect a "for let" board on a property and successfully let it; how long after the property is let do you have before it must be removed? And if you don't what's the potential fine?
You take an instruction to let a property and are met by the owner's brother who has the keys to the property as the owner is temporarily abroad. What does the Accommodaiton Agencies Act 1953 have to do with this situation?
You refererence tenants on behalf of the landlord; to whom can you give copies of the replies without contravening the Data Protection Act?
Are you obliged as an agent on behalf of a landlord to limit the amount you spend on any one repair, or can you use as much of the rent as is necessary (you can exclude emergencies for this purpose)?

[Editor]

A free copy of "Renting Out Your Property for Dummies" http://www.amazon.co.uk/exec/obidos/ASIN/0764570161/landlordzone-21/202-8184712-9957441
to the first member to get them all right - or the one to get the most right - Paul will be the judge!
For previous winners, don't worry, we'll find you a different prize if you win again.
Editor

[Plusabit]

:p Ok I am having a go at this, not in the letting business, but interested in all aspects of it, got friends who are tenants, and owners, and find it interesting. So please go gentle with me, I have been reading these boards for a while now, and find them very interesting.
1. If it has the correct information that the landlord has to provide to the tenant then it would be alright. There is no prescribed form for a S.21 Notice so providing the format of the notice was correct ."quote so cheated on that one"! :D
2. not necessarily, a let only/tenant find the landlord signs?
3. I would think that the 1996 act comes into force automatically? Over riding the previous one.
4. lmmediatly I would think, tenants are entitled to the landlords detail I think, not sure about a fine though.
5. lmmediatly, as it is not “to let” anymore but let? Property Misdescriptions Act 1991, not sure about the fine, quite high I would think
6. ls it that the contract is between the landlord and tenant, not landlords brother.
7. You can not disclose the information to anybody.
8. limit I would think to what is reasonable and what you have in your terms of business. If you had unlimited spending power then that would be open to abuse

[Jennifer_M]

Hard ones them..

1. As long as the letter has all the information required it will be sufficient
2. It depends on the terms of business and what has been agreed between them.
3. I believe it would
4. The agent has 21 days to reply. Failure to comply can cost the agent up to £2500
5. The "Let" sign has to be removed within 14 days after the property has been let. I believe the fine is £1000 for failing to remove the board.
6. I would have to say it has to do with the agent having to ensure that the purported owner of the property is in fact its true owner ?
7. The landlord (and the tenant obviously)
8. I depends on what is agreed with the landlord. But I would guess any landlord would cap the amount an agent can spend without authorisation on non-emergency repairs.

[Paul_f]

Plusabit. No you haven't cheated on Q1; you've just shown some enterprise!

Jennifer, at this rate you'll have a library of lettings books!

[Jennifer_M]

:) Thanx Paul F but I'm only doing it for the fun now as the Editor kindly sent me the book last time. So don't count me in this time.

[Dave96]

Mmmmmmmmmm new to this but if i could answer Q correct I dont think the book for dummies would be any use ?????

[Jennifer_M]

These only are 8 questions, in property you would encounter more than 8 problems/questions to answer so the book "for dummies" could help. People answering the questions aren't experts, just learners.

And it contains little tips to renting out your property (example: how to advertise your property to its best) which can be useful.

[Paul_f]

In your answer to Q2 you don't seem to appreciate the meaning of "express" and "implied" as there are no "depends" about it.

[Jennifer_M]

Ok then for question 2, yes the agent can sign the agreement in the landlord's name. They usually put "Agent's company C/O Landlord's name".