LandlordZONE

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Aug, 2015

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  1. She can not apply until she has an actual...

    She can not apply until she has an actual liability (usually evidenced by a tenancy agreement).

    The process takes time AND is paid in arrears - at the very least she needs to have funds in place...
  2. In their 2005 guidance on Unfair Terms in Tenancy...

    In their 2005 guidance on Unfair Terms in Tenancy Agreements the OFT say at paragraph 3.78:
    We appreciate that landlords will want to ensure that their properties are not left empty between...
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    Does Spencer v Taylor apply in Wales?

    The introduction of section 21(4ZA) into the 1988 Housing Act renders "Spencer v Taylor" irrelevant but only applies in England.

    Does "Spencer v Taylor" still have sway in Welsh courts or does a...
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    Not only do JK0s comments apply, but in Wales (I...

    Not only do JK0s comments apply, but in Wales (I know you're England), a periodic tenancy STILL has to be ended on the last day of the month. Just to be pedantic, a section 21 notice served on a...
  5. If landlord and tenant can agree a new rent, that...

    If landlord and tenant can agree a new rent, that is fine. If not, and the tenancy says there is a rent increase mechanism in place, then that is what applies.

    If neither apply, then you need a...
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    Your landlord is expecting you to return it to...

    Your landlord is expecting you to return it to 'as new' condition when he should be taking into account 'fair' wear and tear. The surfaces he wants re-painting, was there any damage? Were they...
  7. You can not serve a section 21 notice if you hold...

    You can not serve a section 21 notice if you hold a deposit that was not protected within the 30 days.

    You need to either:
    1) Return the deposit, or
    2) Credit the deposit to their rent statement...
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    No, when he moved in, he obtained a tenancy - the...

    No, when he moved in, he obtained a tenancy - the only way that tenancy can end is by his voluntary surrender or a court order.

    You seem to understand the 'eviction' situation, so why the desire...
  9. Agree as above - if you have given proper notice,...

    Agree as above - if you have given proper notice, and they haven't said no, then just go in (knock first). Best you have a witness incase of theft allegations.

    If they are not there - secure the...
  10. The comments about jobcentres may come over as a...

    The comments about jobcentres may come over as a little harsh - but as Hippogriff says, you are in a contract that ties you to the property. The landlord will be 'wronged' if you don't keep to your...
  11. It doesn't answer your question, but this is what...

    It doesn't answer your question, but this is what I did with LHA tenants who couldn't afford a deposit to protect me:

    The rent was set at the very top end of the market rate, realistically giving...
  12. If the N5b has both names on it, it's just an...

    If the N5b has both names on it, it's just an admin error.

    Write a letter to the court manager immediately (or email) pointing out your problem. They will get it sorted within a couple of days...
  13. I agree with the Saint, a simple letter addressed...

    I agree with the Saint, a simple letter addressed to the court, attached to the N5b will save much confusion and probably a bit of time too.
  14. There appears to have been a surrender of the...

    There appears to have been a surrender of the tenancy by operation of law. You have no obligation to accept that surrender - but once you do, the current tenants liability for rent ends.

    If you...
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    I am no expert is Scottish deposit issues (one...

    I am no expert is Scottish deposit issues (one will be along shortly!) but South of the border the automatic advice is allow the deposit scheme to handle issues. They will need from the...
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    Living in Wales for 16 years, I can assure you,...

    Living in Wales for 16 years, I can assure you, it IS different.

    The new s21 rules are different, but as there has been no change in the Welsh statute, does that mean that the case-law that...
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    You re right that you can apply to the court at...

    You re right that you can apply to the court at any time after expiry.

    Can you confirm deposit was protected in a tenancy deposit scheme within 30 days of receipt AND prescribed information was...
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    Congratulations and thank you for the feedback,...

    Congratulations and thank you for the feedback, sometimes we wonder how posters get on and whether they take the advice offered.
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    There has never been a standard form, so no...

    There has never been a standard form, so no problem there. The de-regulation Act provides for one to be introduced, but that isn't even on the horizon yet.

    Essentially, s21(1)(b) and s21(4)(a)...
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    The reality is, as Mariner says, your s21 should...

    The reality is, as Mariner says, your s21 should be fine.

    It could be argued that you have given your tenant a legally enforceable contract to create a new tenancy, but it was verbal so proving it...
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    1) Legally, the tenant has a valid tenancy until...

    1) Legally, the tenant has a valid tenancy until you re-gain possession and you can only do that via the bailiffs OR the tenant surrenders possession to you. Now it could be argued that his...
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    Just a slight amendment to post #3, He can not...

    Just a slight amendment to post #3, He can not give notice during the fixed term as the fixed term will end anyway and it is not possible to terminate the follow-on "statutory periodic tenancy"...
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    Totally agree with jpkeats. It is called the...

    Totally agree with jpkeats. It is called the "cheque rule" and is followed by just about all judges.
    Explanation here: http://lawscape.co.uk/articles/cheque-rule
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    Not strictly true. For example, the tenancy may...

    Not strictly true. For example, the tenancy may show Miss Gloria Gaynor but the S21 might show Mrs Gloria Jones. Also, it is impossible to have them match if there is no written agreement.

    In my...
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    Agreed. If the tenant wants the property, let...

    Agreed. If the tenant wants the property, let them either:
    a) make the guarantor co-operate; or
    b) find a new co-operative guarantor

    It is not up to you to run around and clean their ***** for...
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