http://www.landlordzone.co.uk/forums/ Landlord and tenant questions and answers - LandlordZONE Forum en Tue, 21 May 2013 22:45:20 GMT vBulletin 60 http://www.landlordzone.co.uk/forums/images/misc/rss.png http://www.landlordzone.co.uk/forums/ http://www.landlordzone.co.uk/forums/showthread.php?55382-Cavity-wall-ties-and-asbestos-how-big-a-risk-are-they&goto=newpost Tue, 21 May 2013 21:42:18 GMT Hello all,

I'm buying another property to let out, and a few issues have come up in the Homebuyer's Report. This is a leasehold ex-council property so structural issues will be the council's responsibility and I am led to believe that councils as freeholders tend to be fairly proactive about identifying faults (although I realise that I will effectively pay for any resultant repairs through the service charge, at least it means it's not my lookout). So given this, I was wondering, might anyone have any thoughts on how serious any of the following are from my point of view:

Cavity Wall Tie Failure
The report says "I noted that there are hairline cracks running through the mortar joints between the bricks. This can, but does not always, indicate cavity wall tie failure." Would this be a freeholder responsibility? Either way, is it likely to be a huge cost / cause a big issue?

Asbestos

The surveyor seems obsessed with asbestos -- there is loads saying that there may be asbestos in a building of this age (it dates from around 1980):

"Materials containing asbestos are present in many buildings of this age, often enclosed and unexposed. Asbestos may be present in heating installations, to textured ceilings, floor tiles and also in concealed areas as a fire protection. Detailed examination and investigation of all such areas is beyond the scope of this report. The exact nature of thematerial can only be determined by laboratory testing."

and later: "the ceilings are generally in a poor condition. Textured ceiling coatings are likely in a property of this age to contain asbestos fibres, although specialist testing will be required to confirm."

and again, later: "Asbestos may be present in [the kitchen] floor tiles."

and even later "Asbestos may be present in sealants and many other building elements."

Are these big risks? I am planning on getting all these things replaced as soon as I complete, so will it just be up to my builder to dispose of these potentially asbestos-ridden items in a safe manner?

Thanks in advance for any help. ]]> Residential Letting Questions JamesHopeful http://www.landlordzone.co.uk/forums/showthread.php?55382-Cavity-wall-ties-and-asbestos-how-big-a-risk-are-they http://www.landlordzone.co.uk/forums/showthread.php?55381-New-boiler-advice&goto=newpost Tue, 21 May 2013 21:41:43 GMT I have today unfortunately had the dreaded news that one of my boilers has gone to boiler heaven... At 30 years old it had a fair innings. Could I get some advice and feedback from fellow landlords, with regards what boilers would you recommend? I am looking at a condensing combi boiler, and... I have today unfortunately had the dreaded news that one of my boilers has gone to boiler heaven... At 30 years old it had a fair innings.

Could I get some advice and feedback from fellow landlords, with regards what boilers would you recommend? I am looking at a condensing combi boiler, and have asked the plumber to quote me for an Ideal Logic+, and then (for comparison) a Worcester Bosch model.

Have you had any particularly bad or good experiences with different boiler brands? I am looking for a decent boiler with a reputation for reliability as a first priority, but (despite asking for the Worcester quote) I don't really want to buy a premium product... Happy to go to a mid range price point.

Thanks in advance. ]]> Residential Letting Questions cdub85 http://www.landlordzone.co.uk/forums/showthread.php?55381-New-boiler-advice http://www.landlordzone.co.uk/forums/showthread.php?55380-building-regulations&goto=newpost Tue, 21 May 2013 21:19:53 GMT what are the the implications if you do not follow building regs approval when converting 3 no. Existing flats into 5 studios. I.e. comply with part b fire, but not part e sound & part l, energy.
Cheers
Chris ]]> chrisbee http://www.landlordzone.co.uk/forums/showthread.php?55380-building-regulations http://www.landlordzone.co.uk/forums/showthread.php?55379-Best-Strategy&goto=newpost Tue, 21 May 2013 19:02:50 GMT Hi New member here. I am looking into buying a couple of terrace houses at £90,000 approx each and letting out at about £450 pm each. Research of the local market supports these values and these sort of houses do rent fairly easily locally. I have £200,000 in the bank so can pay cash for both... Hi

New member here. I am looking into buying a couple of terrace houses at £90,000 approx each and letting out at about £450 pm each. Research of the local market supports these values and these sort of houses do rent fairly easily locally.

I have £200,000 in the bank so can pay cash for both if needed, but would then have no cash to purchase any additional properties for a long time.

My question is what is the best way to go about financing these - buy without a mortgage, get rent coming in, then use equity and rental income to fund additional purchases over time, or put down 25% deposits on 2 or 3, and take out mortgages on all properties - and do the same (25% deposits) with more properties over time.

Ideally I'd like about £3000 pm coming in to not work, so would need long term about 6 of these houses. It's how I make the transition from potentially owning 2 outright with a bit of pocket money from rental income, to owning 6+ with enough coming in to live off without a job.

Low interest rates and likely high inflation for years to come suggest borrowing is the way to go.

Any thoughts / comments? ]]> Macro http://www.landlordzone.co.uk/forums/showthread.php?55379-Best-Strategy http://www.landlordzone.co.uk/forums/showthread.php?55378-Moving-out-on-the-last-day-of-contract-but-LL-want-to-hold-us-to-30-days-notice&goto=newpost Tue, 21 May 2013 17:51:14 GMT Hi Everyone,

I had a search of the forums and couldn't find a similar solution.

Essentially, I had an AST which states that we need to give them 30 days notice before moving out. However we want to move out on the last day of the contract. We would be able to give them about 15 days notice but now our LL want to retain our entire deposit because we haven't given them 30 days notice.

Can they do this? I did a bit of digging and the OFT says that this is an unfair clause (contract was written back in 2010 and never updated since). However I'm aware that OFT doesn't have any legal standing.

Would our LL be able to do this?

Thanks so much in advance for any help you could give us.

Jason ]]> Residential Letting Questions jason568 http://www.landlordzone.co.uk/forums/showthread.php?55378-Moving-out-on-the-last-day-of-contract-but-LL-want-to-hold-us-to-30-days-notice http://www.landlordzone.co.uk/forums/showthread.php?55377-ARMA-Q-Regulation-of-Managing-Agents&goto=newpost Tue, 21 May 2013 16:45:17 GMT Interesting piece of the regulation of managing agents.

http://leaseholdlife.info/index.php/...ore-protection

What I found amusing was the comment "Leaseholders should be able to expect a quality service when it comes to the management of their home. If they use an unregulated managing agent, they could be opening themselves up to poor practice"

If THEY !, now unless you have an RTM in place a LH will have no say on who the FH chooses as a MA and in my case they are one and the same.

Andy ]]> Long Leasehold Questions andydd http://www.landlordzone.co.uk/forums/showthread.php?55377-ARMA-Q-Regulation-of-Managing-Agents http://www.landlordzone.co.uk/forums/showthread.php?55376-How-do-I-claim-the-tenant-s-deposit&goto=newpost Tue, 21 May 2013 16:28:40 GMT We have a house which was managed for us by a large agent. We had to ask our last tenant to leave as they owed about £2k in rent. Cleaning and repairs once they had gone came to about £900, so I thought it would be straightforward to get the £450 deposit money, but as the tenant has failed to... We have a house which was managed for us by a large agent. We had to ask our last tenant to leave as they owed about £2k in rent. Cleaning and repairs once they had gone came to about £900, so I thought it would be straightforward to get the £450 deposit money, but as the tenant has failed to respond to the agent, it has dragged on. The deposit is held by MyDeposit,and when I asked them, they gave a time frame of 90 days for a response. So it's now over 100 days, and I contacted the agent this morning to see what will happen and this is the reply.



My|Deposits only protect the funds for 90 days after the expiry date of the tenancy, which means that after this has expired the tenants can no longer raise a dispute through their adjudication services.

However, the tenant can still pursue this through the courts for 6 years after the expiry of their tenancy. This is why it is stated that if the tenant does not continue with the services provided by My|Deposits, that you go through the court system as this voids the tenants claim on the deposit completely if the funds are awarded to you.

My colleague has continued to chase the tenants, but so far, we haven’t had a response.

I'm not really sure what she is saying.I don't think the tenants will ever respond. Do I have to take legal action to claim this money? ]]> Letting Agent Questions AmandaB http://www.landlordzone.co.uk/forums/showthread.php?55376-How-do-I-claim-the-tenant-s-deposit http://www.landlordzone.co.uk/forums/showthread.php?55374-confused-tennent!&goto=newpost Tue, 21 May 2013 15:58:52 GMT Hi, I have a quick query and I am unsure where to turn to. My flatmates and I recently moved out of a rented property due to several issues with the property. We did not clean the house to a decent standard, with dust being left in a couple of places as we literally had 1 day to move out. We... Hi,

I have a quick query and I am unsure where to turn to.
My flatmates and I recently moved out of a rented property due to several issues with the property. We did not clean the house to a decent standard, with dust being left in a couple of places as we literally had 1 day to move out. We did not have time for the carpets to be professionally cleaned, so we have given the letting agent the money to get this done.

Our letting agent is now saying she will deduct from our deposit the £60.00 cleaning costs for someone to go in and dust the property. Can she deduct this from our deposit if we have requested to go in and do it and she has refused?? ]]> Residential Letting Questions emski87 http://www.landlordzone.co.uk/forums/showthread.php?55374-confused-tennent! http://www.landlordzone.co.uk/forums/showthread.php?55373-Giving-Notice-On-a-Periodic-Contract&goto=newpost Tue, 21 May 2013 15:20:26 GMT I have some awful tenants in a house of mine. They are on a monthly periodic contract now. I have issued them with a notice to run out two months tomorrow, but the date on the notice is today. I have hand delivered the notice. I want to ask if I have to give them notice in line with when they... I have some awful tenants in a house of mine. They are on a monthly periodic contract now.

I have issued them with a notice to run out two months tomorrow, but the date on the notice is today. I have hand delivered the notice.

I want to ask if I have to give them notice in line with when they pay their rent (the 10th) because they are out of the tenancy period.

Thanks in advance. ]]> Residential Letting Questions charlie68 http://www.landlordzone.co.uk/forums/showthread.php?55373-Giving-Notice-On-a-Periodic-Contract http://www.landlordzone.co.uk/forums/showthread.php?55372-Tenant-in-Jail&goto=newpost Tue, 21 May 2013 13:58:19 GMT I have just been granted a Possession Order, but the tenant is now in jail for 22 weeks, expected out on an electronic tag in 6 weeks time. Can I take possession of the flat in his absence, without applying to the Court Bailiffs, and safeguard his possessions until his release? I have just been granted a Possession Order, but the tenant is now in jail for 22 weeks, expected out on an electronic tag in 6 weeks time. Can I take possession of the flat in his absence, without applying to the Court Bailiffs, and safeguard his possessions until his release? ]]> Residential Letting Questions richard.holt http://www.landlordzone.co.uk/forums/showthread.php?55372-Tenant-in-Jail http://www.landlordzone.co.uk/forums/showthread.php?55371-1-5-Tenants-not-paying-rent&goto=newpost Tue, 21 May 2013 13:53:39 GMT I am letting a house to a group of 5 tenants (students) on a 12 month joint and several basis (AST) with the proviso that if any of them wish to leave within the 12 months, they find someone to replace them. I have 1 tenant who has moved out of the house and said that he would find a replacement... I am letting a house to a group of 5 tenants (students) on a 12 month joint and several basis (AST) with the proviso that if any of them wish to leave within the 12 months, they find someone to replace them. I have 1 tenant who has moved out of the house and said that he would find a replacement for himself and would continue to pay rent in the mean time. They are now two months behind with their rent with their 12 months due to expire in mid-August.

The other 4 tenants have always paid their rent on time and I have no problems with them at all. I have written to the non-paying student's Guarantor and hope to recover the unpaid rent that way. What recourse do I have if the Guarantor simply does not get back to me? I'm unsure regarding Section 21/8 as it only applies to 1 in the 5 tenants, plus I don't need to evict the tenant - he has already left. I don't want the other 4 tenants to suffer for one person's failure to pay.

If anyone could shed any light I'd be most grateful.

Kind regards. ]]> Residential Letting Questions Lesleyl http://www.landlordzone.co.uk/forums/showthread.php?55371-1-5-Tenants-not-paying-rent http://www.landlordzone.co.uk/forums/showthread.php?55370-n5b-help-please&goto=newpost Tue, 21 May 2013 13:07:15 GMT hi, i am helping an old lady get rid of a bad tenant..A solicitor has already sent the s21(4)a notice, and it has expired, so am going for the accelerated procedure, with his proof of service. On the sec21 notice it says The landlord requires possession after 8 May, and it is dated 5th March, and... hi, i am helping an old lady get rid of a bad tenant..A solicitor has already sent the s21(4)a notice, and it has expired, so am going for the accelerated procedure, with his proof of service. On the sec21 notice it says
The landlord requires possession after 8 May, and it is dated 5th March, and sent 1st class post, with a copy proof of service certificate.

I am completeting the n5b which says "ISSUE DATE" at the bottom right on 1st page.
What goes here ? Is it for the court to complete, or is it the date i send it to them?

Also, heres a copy of the Q5 on N5B, are these dates correct ?

5. On the 05/03/13 , a notice in writing, saying that possession of the premises was required, was
served upon the defendant(s). It was served by:
The notice expired on the 08/5/13)
Attached to this claim form is a copy of that notice marked ‘C’ [and proof of service marked ‘C1’].

thankyou ]]> Residential Letting Questions atopman http://www.landlordzone.co.uk/forums/showthread.php?55370-n5b-help-please http://www.landlordzone.co.uk/forums/showthread.php?55369-Renting-to-my-mother&goto=newpost Tue, 21 May 2013 12:37:52 GMT Hi All I bought a 2 bedroom house 23 years ago and let my mother and father live there rent free to this current time. Ten years ago my father passed away so it is just my mother living alone there now and she is 84 years old and not on any benefits. I am now struggling in today’s... Hi All
I bought a 2 bedroom house 23 years ago and let my mother and father live there rent free to this current time. Ten years ago my father passed away so it is just my mother living alone there now and she is 84 years old and not on any benefits.
I am now struggling in today’s financial climate to carry on not charging rent so I am enquiring whether she could get housing benefit and I could charge her rent. She only gets £140 per week pension and a 2 bed house is approx £100 per week. Because we have never claimed any benefits, when perhaps my mother could have years ago, we haven’t a clue whether she is entitled, or the procedure to follow. . If this is possible what order of events do I proceed with before she applies for her benefit?
What do I need to do to satisfy the benefits office ?
Do I now charge her rent before she applies for benefits ?
Do I take a deposit ?
Get a rent book
Is there any other things I need to do before she applies and what is the procedure ?

Would greatly appreciate some advice. ]]> Housing Benefit Questions (HB, LHA, DSS) arsene http://www.landlordzone.co.uk/forums/showthread.php?55369-Renting-to-my-mother http://www.landlordzone.co.uk/forums/showthread.php?55368-Excluded-occupier-and-reasonable-notice&goto=newpost Tue, 21 May 2013 12:34:45 GMT I am a live-in landlord and I am having trouble with my lodger. He moved in at the end of January and, stupidly, I never got him to sign a licence. Since then he has become a real nuisance (I could go into details) and I want him to leave. I ended up giving him notice to quit by text as we... I am a live-in landlord and I am having trouble with my lodger. He moved in at the end of January and, stupidly, I never got him to sign a licence. Since then he has become a real nuisance (I could go into details) and I want him to leave.

I ended up giving him notice to quit by text as we are never awake and home at the same time and he is avoiding me. I gave him 2 and a half weeks notice, finishing the day before his rent day. He replied immediately saying "ok, sorry things didn't work out".

A week later, having not seen him at all, I texted again asking if he had found anywhere to move to and asking what day he would be leaving. He replied by telling me (not asking) that he needed another week. I responded by saying that we needed to have a proper face to face talk as things could not carry on as they were and I requested a meeting the following morning. He responded by saying that he would leave 2 days after the day that I had requested he quits.

Having done some research I understand that the lack of written licence is not a problem, that 'reasonable notice' is not set in stone and will be dependant on behaviour and length of licence, that I do not need a possession order to evict him and I can simply change the locks.

I believe I have been fair and reasonable in the circumstances but I would be grateful for anyone else's thoughts. I would also like to know if anyone has any experience of how the court would be likely to view this matter (interpretation of reasonable notice and my 'service' of notice to quit by text message) or could point me in the right direction of any relevant case law.

Thanks people. ]]> Residential Letting Questions monkeytrousers http://www.landlordzone.co.uk/forums/showthread.php?55368-Excluded-occupier-and-reasonable-notice http://www.landlordzone.co.uk/forums/showthread.php?55367-Is-it-legal-to-rent-a-room-with-a-Gas-Boiler-in-it&goto=newpost Tue, 21 May 2013 11:49:10 GMT I've just had an offer accepted on a BTL Property that I wish to let out. However I have just realised that there is a gas boiler in one of the bedrooms, is this still legal to rent out as a bedroom? ]]> Residential Letting Questions Matthew_1000 http://www.landlordzone.co.uk/forums/showthread.php?55367-Is-it-legal-to-rent-a-room-with-a-Gas-Boiler-in-it