LandlordZONE

04

Aug, 2015

Tuesday

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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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    Are you saying you have 3 tenants currently in...

    Are you saying you have 3 tenants currently in you property, one of whom is not available?

    Are you also saying the tenants did not pay a deposit before they moved in?

    If that is the case, the...
  12. Firstly, tell the agent they can disclose under...

    Firstly, tell the agent they can disclose under section 35 of the DPA and that if they don't, their landlord will be forced to do so via a court order. This will cost, but it is added onto what the...
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    Costs can vary enormously. When you make HCEO...

    Costs can vary enormously. When you make HCEO enquiries, check with 3 and ask about both price and timescales.
    I will PM you details of one I used with my former business.
  14. Or even use the free one provided on the...

    Or even use the free one provided on the governments' website.

    https://www.gov.uk/government/publications/model-agreement-for-a-shorthold-assured-tenancy
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    With regard to post #5 If the tenant does not...

    With regard to post #5

    If the tenant does not dispute the increase through the proper channels in good time then it is binding on them whether they pay or not, so you would deduct any underpayment...
  16. Surely no win no fee means a fee can only become...

    Surely no win no fee means a fee can only become due once a judgement or agreement is made? Therefore zero initial outlay.

    I looked at doing this in my 'tenancyservices' days and most of the...
  17. Yes, you do them both as ONE procedure.

    Yes, you do them both as ONE procedure.
  18. There is a tick-box on n5b for the court fees,...

    There is a tick-box on n5b for the court fees, not legal costs.
  19. Yes, certificate of posting is 'likely' to be...

    Yes, certificate of posting is 'likely' to be accepted by the courts, but bear in mind that in the lower civil courts judges often make it up as they go along! Just to reduce the risk, download and...
  20. The default (legal) position is that you don't...

    The default (legal) position is that you don't have to repair appliances unless the law (usually gas or electrical safety) or the tenancy agreement makes you liable. The moral position is that most...
  21. As a former eviction professional, my advice is:...

    As a former eviction professional, my advice is:

    if you need a quick eviction, your s21 is expired AND there are no money issues - use s21 accelerated (form n5b).

    if both have expired, there...
  22. I would just add, that, section 7 of form n5b...

    I would just add, that, section 7 of form n5b specifically asks whether a deposit was taken (yes) and then demands the deposit protection information. It is impossible to answer all those questions...
  23. Ram says above that others will give you a long...

    Ram says above that others will give you a long route, this is it:

    Firstly, so long as the tenants believed the builder had authority to let the property on your behalf, they have a valid tenancy...
  24. If you give 24 hours WRITTEN notice you can enter...

    If you give 24 hours WRITTEN notice you can enter the property to check its condition, PROVIDING you are not denied entrance.

    In your letter you might like to highlight her breaches of contract...
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    Can you please advise whether original tenancy...

    Can you please advise whether original tenancy agreement said rent due monthly or 6-monthly?
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