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Oct, 2014

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  1. Shared tenancy - Replacing a tenant mid term

    I have a property on an AST with 2 sharers. One tenant wants to move out mid way through the fixed term. There is little point in forcing a tenant with changed circumstances to stay in the property,...
  2. I have a clause in our AST regarding late payment...

    I have a clause in our AST regarding late payment or alternative payment methods. If I need to write to the tenant regarding the late payment of rent, I charge them £8 for the letter and another £8...
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    I think a good thing about the judgement is it...

    I think a good thing about the judgement is it doesn't specify where the tenant must collect his belongings from. If you put the in a lock-up or storage somewhere, he can collect them there when he...
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    Your other issue is the deposit. As your 30 day...

    Your other issue is the deposit. As your 30 day window has now closed and the deposit remains unprotected, you cannot use Sec 21 to evict and the tenant can counter claim for up to 3x the deposit.
    ...
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    7
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    866

    Just to clarify, I understand that eviction can...

    Just to clarify, I understand that eviction can be a two step process. Firstly, there is the possession order date and then there is the possibility of eviction by bailiff.

    If the court grants...
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    For the uninformed, why should you not specify an...

    For the uninformed, why should you not specify an end date for the fixed term?
  7. Snorkerz, I agree with you. If the tenant does...

    Snorkerz, I agree with you.

    If the tenant does their own inventory and their photographs / statement / inventory show pink curtains, then the pink curtains need to be there at the end of the...
  8. In order to make a charge, the landlord needs to...

    In order to make a charge, the landlord needs to prove the charge is fair and reasonable. He needs an inventory to state the condition at commencement of the tenancy. Without one, he can't prove...
  9. Let me see if I understand this correctly. You...

    Let me see if I understand this correctly.

    You learnt from the council that the T's HB would reduce.
    You issued a Sec 21 notice requiring possession.
    The tenant didn't vacate and you got a court...
  10. The landlord can try and make deductions from...

    The landlord can try and make deductions from your deposit without an inventory, but he is going to find it impossible to justify those deductions when you dispute them.

    The court would only get...
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    Why not switch it around and advertise in your...

    Why not switch it around and advertise in your local paper that you are looking for a house and list your criteria? You never know, a landlord may spot it and call you. You could look on Gumtree too...
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    1,274

    Regardless of what you pay up front, an agent is...

    Regardless of what you pay up front, an agent is still going to charge you these fees. Best to shop around and find an agent whose fees you are comfortable with or deal direct with a landlord. You'll...
  13. I've recently let out two properties via Upad....

    I've recently let out two properties via Upad. It's the first time I've attempted a DIY tenant find and I am really pleased I did. I managed to find tenants for both in a matter of days. I have...
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    I got a good tip on this website regarding...

    I got a good tip on this website regarding tenants and guarantors. Always include the guarantor when you are doing your section 8 as there is a money order component to it. Means you already have a...
  15. Yes, all the terms and conditions are the same...

    Yes, all the terms and conditions are the same and continue in a SPT. Just your notice period is reduced to one month. The terms of your deposit remain the same and are treated in the same way as in...
  16. I'm struggling to understand why you don't want...

    I'm struggling to understand why you don't want to provide the LL / LA with your current address? Are you expecting them to sue you for something that has not been mentioned yet?

    If you are going...
  17. No he won't and can't charge you for use of the...

    No he won't and can't charge you for use of the ADR process when the deposit is held on an AST.

    That paragraph specifically states 'Dealing with disputes with non-ASTs'. You have an AST based on...
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    What frequency is the rent paid? Weekly or...

    What frequency is the rent paid? Weekly or monthly?
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    3,596

    1) If you protected the deposit in the same...

    1) If you protected the deposit in the same scheme that the managing agent used, then the PI will remain the same and your signed letter will cover that. If you changed schemes where the deposit was...
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    60
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    2,134

    Are you sure? The contractual period is 25th...

    Are you sure?

    The contractual period is 25th of one month to 24th of next month. As notice is being served during the fixed term on 28 March, your two month notice period would commence on 25...
  21. I disagree that the notice was invalid. The...

    I disagree that the notice was invalid. The tenancy was granted for a fixed period of six months commencing on 1 September 2012 and ended on 28 February 2013. That is the last day of the fixed term...
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    There are those in the NLA that do know what they...

    There are those in the NLA that do know what they are talking about and a lot of them are landlords themselves. We have a very knowledgeable area manager who is helpful in many ways. However, most of...
  23. Last question regarding the validity of your...

    Last question regarding the validity of your Sec21 notice. How did you express the expiry date on the notice and what was that date? If it says Expires on 19/01/2013 then your notice would be...
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    A rule of thumb for me and something I try and...

    A rule of thumb for me and something I try and achieve is having the Deposit Protection Certificate with me at check-in. Then I can get the tenant to sign it and I have a signed copy. The Prescribed...
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    You are putting the cart before the horse. ...

    You are putting the cart before the horse.

    Yes, by all means find out your rights, but worrying about the deposit now is pointless. Once you have moved out, then you know what the situation is and...
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