LandlordZONE

18

Dec, 2014

Thursday

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  1. Replies
    6
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    729

    Although social services may present her as a...

    Although social services may present her as a victim, the judges are compelled to grant possession if ground 8 (schedule 2 - 1988 Housing Act) applies. The judge may not postpone possession on this...
  2. Replies
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    3,915

    Maybe attach a witness statement and evidence to...

    Maybe attach a witness statement and evidence to the form?
  3. You need to realise that a section 21 notice,...

    You need to realise that a section 21 notice, even if valid, does not end the tenancy, the tenant has done nothing wrong by staying beyond the expiry date. The notice does not (legally) say you must...
  4. Replies
    4
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    415

    I presume #3 refers to contract not deposit? ...

    I presume #3 refers to contract not deposit?

    If so, on its expiry the law created a new tenancy on the same terms. If you still have a copy of that contract you can use the accelerated possession...
  5. Well I can't promise no agro, but legally you can...

    Well I can't promise no agro, but legally you can leave on 10th December and your tenancy finishes - that has always been the plan since you first signed on the dotted line for 6 months. If you stay...
  6. Replies
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    2,341

    In view of Mariners post 7 I should add a third...

    In view of Mariners post 7 I should add a third option to my post #6

    (3) The end of a fixed term tenancy if the tenant is no longer in occupation.
  7. Unfortunately, you can not technically give...

    Unfortunately, you can not technically give notice on a non-existent tenancy on the 10th December, you must wait until 11th December, and then it will be too late to give a months notice to end on 10...
  8. Replies
    3
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    593

    No, it is perfectly acceptable for an agent...

    No, it is perfectly acceptable for an agent (which is what your dad acted as) to sign the tenancy agreement. At worst, the judge may require a hearing to verify facts, but it should sail through on...
  9. Replies
    4
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    415

    You can serve a section 21 providing there is no...

    You can serve a section 21 providing there is no deposit. If there is a deposit and it is not protected, you may not.

    You say no contract? Was there ever a written contract?
  10. Replies
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    1,833

    No, it makes no difference.

    No, it makes no difference.
  11. No, I agree that mandatory possession under...

    No,

    I agree that mandatory possession under ground 8 requires 2 months unpaid. With my approach that does not matter because you will get mandatory possession under section21. However, you will...
  12. Replies
    21
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    2,341

    The tenancy (and the tenants rights to the...

    The tenancy (and the tenants rights to the property) does not end until the earlier of:1) The tenant surrenders the tenancy; or
    2) You obtain (and enforce) a court order.

    for (1) to take place...
  13. Replies
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    1,616

    DPS' terms and conditions clearly say Now the...

    DPS' terms and conditions clearly say

    Now the unpaid rent etc are still primarily the tenants responsibility, so to prove the loss referred to above you may have to get a court decision and show...
  14. May I also flag up that a section 8 or section 21...

    May I also flag up that a section 8 or section 21 notice does NOT oblige the tenant to leave the property. Only their voluntary surrender or you legally enforcing a court order can do that. I...
  15. Replies
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    1,833

    Actually (2) is good. A tenant 'can' specify...

    Actually (2) is good.

    A tenant 'can' specify what a payment is for, but not after the event - so if you took it as rent and dealt with it as rent you should have no real concerns here. A 'deposit...
  16. Replies
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    1,833

    1) Does she have anything from you stating that...

    1) Does she have anything from you stating that she has paid a deposit?

    2) In the tenancy agreement (section about landlord ending the agreement) does it mention 'section 8' or 'schedule 2'? If...
  17. Replies
    21
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    2,341

    If the tenant owes you more than 8 weeks rent...

    If the tenant owes you more than 8 weeks rent then the council should halt the payments and (ultimately) pay any unpaid benefit direct to you.

    However, once they have paid benefit direct to the...
  18. Replies
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    1,903

    The 'rules' referred to by JTA are based on the...

    The 'rules' referred to by JTA are based on the 'common law' established by practice and court decisions over the centuries, therefore they are not in 'legislation'.

    Look at your last agreement,...
  19. Replies
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    1,631

    Not if they allege that you did not provide...

    Not if they allege that you did not provide sufficient facilities for ventilation! Will a judge believe them or you?
  20. If you MCOL there will still be a court hearing...

    If you MCOL there will still be a court hearing to attend, close to where the defendant (then) lives. If you serve a section 8 notice now you can commence a claim just after Xmas (of after s21...
  21. Replies
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    533

    In a tenancy, there is case law that the landlord...

    In a tenancy, there is case law that the landlord does not have to mitigate his losses - he can hold you for the full term (though that makes no practical sense to most landlords).

    If you are a...
  22. Replies
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    578

    Is this an assignment or are you allowing the...

    Is this an assignment or are you allowing the tenant to surrender - either way, the final decision as to who is a suitable replacement is yours. Male/Female, not really a tenancy matter, is there a...
  23. Replies
    9
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    533

    I agree with MS and would summarise If you...

    I agree with MS and would summarise

    If you break the contract the landlord is entitled to be recompensed for any financial loss.

    Usually in situations like this, the landlord does have to...
  24. Replies
    2
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    375

    I do not know the tax implications of this (or...

    I do not know the tax implications of this (or state benefits) but you would grant a tenancy to GF who would then sublet to tenant.

    The tenancy between you and gf would NOT be an AST so you would...
  25. Replies
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    The likelihood of winning is high - but it is an...

    The likelihood of winning is high - but it is an expensive claim
    http://www.tenant-action.co.uk/?page_id=179

    You need to differentiate between the landlords alleged wrong doings and the agency's...
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