LandlordZONE

20

Dec, 2014

Saturday

Page 1 of 2 12 LastLast
Results 1 to 10 of 20
  1. #1

    Default Is my S21 valid?

    Can you please help, my wife has a house that her ex-husband he was renting out and he took the deposit he has since moved to Scotland my wife had no involvement in renting the property, we have now taken over the house from him, we want to move in to the house but it has a tenant still in there can we use a s21 we haven’t had a deposit from the tenant or my wife’s ex-husband.
    We have offered to pay her deposit back if she moves out at the end of the two months’ notice.

  2. #2
    Join Date
    Oct 2006
    Posts
    7,692

    Default

    What Sec 21?
    Stalkers, please go over this comment with a fine tooth comb.

  3. #3

    Default

    Section 21 (4)(a)Periodic ?

  4. #4

    Default Help Please

    Hi All,

    We need some advice please

    My wife has a house with her ex-husband it’s now been transferred to both our names.

    He rented the house out my wife had no involvement in this.

    We have asked the tenant for a copy of the tenancy agreement she has said she we put a copy in the post but not got a copy from here.

    Deposit don’t know what happened to this we have offered her money back but she declined this offer.

    We have given the tenant 2 month’s notice with a section 8 section 21 notice both types as we don't know what type of tenancy agreement she has.

    She was also late paying the rent and not paid the rent in full this month.

    What should we do next?

    Thanks for your advice Anthony

  5. #5
    Join Date
    Apr 2010
    Location
    UK
    Posts
    2,273

    Default

    What form did the notice you gave her take?

    You need to find out what deposit was paid and where it is now. Deposits must be protected in a government scheme and the information from said scheme forwarded to the tenant. Failure to do this will render any notice you issue invalid.

    The tenant may also launch a claim for the return of the deposit and 1-3x the deposit value as compensation for failure to protect it. If you are now the official owners of the property, you have taken all all the obligations of the landlord and must comply with the legislation.

  6. #6

    Default

    We sent her letters from two different post offices so we had proof of postage also gave a copy by hand, the house is still in my wife’s and ex-husband name but is just about done just needs his signature.

    We never got a deposit her ex-husband did we aren’t on the tenancy agreement.

    Is there a way round this for us, just seems so unfair on us.

    What can we do?

  7. #7
    Join Date
    Apr 2010
    Location
    UK
    Posts
    2,273

    Default

    I don't think you understand - once you own the house, you will be the tenant's landlords. It does not matter whether you are named on the tenancy, as the transfer of ownership will transfer all the legal obligations to you.

    You must find out where the deposit is now, whether the Ex protected it, and if so, get that transferred to you as well.

    If the tenant decides to claim, the courts will not care whether it is unfair on you, only who is the landlord and therefore who is liable.

    If the deposit has not been protected, then the notice letters you have sent are invalid. Did the letters follow the correct format for notice? Do you know the start date of the tenancy to enable you to you give the correct expiry date for the notice? Even if the notice is correct, this is only the first step, and once it expires, you need to apply to court for a possession order. Unless the notice is 100% correct, and deposit protected, then your application will fail.

    Tenant does not have to leave on notice expiry.

  8. #8

    Default

    Okay so what can we do if we can't get a copy of the tenancy agreement? We got notice templates of the internet giving them two months plus a couple of days, the start date of the tenancy was 1st April 2010, The deposit is long gone, If we protect the deposit do we have to give the tenant another two month’s notice?

  9. #9
    Join Date
    Jun 2011
    Location
    Stevenage
    Posts
    1,471

    Default

    Two related threads have been merged.
    I also post as Mars_Mug when not moderating

  10. #10
    Join Date
    Apr 2010
    Location
    UK
    Posts
    2,273

    Default

    You can no longer protect the deposit late. New tighter rules came in last April, and your only hope now is to return the full deposit to the tenant and hope that they do not challenge you for non-protection.

    Then issue a new S21 a few days later. You must return the deposit with proof, so get a signature when you hand it over, or write a covering letter with a cheque and proof of posting.

    I assume the tenancy is now periodic. So you need to issue the Notice giving 2 clear months, and ending to co-incide with a rental period. There is a template here:

    http://www.letlink.co.uk/GeneralInfo...on/S21_4_A.pdf

    and guidance on how to issue here:

    http://www.letlink.co.uk/letting-fac...d-tenancy.html

    As you need to ensure the expiry allows the full 2 months and you do not have a tenancy agreement, you need to issue it with 3 months expiry, not just 2 months and a few days, as you must allow the overlap to cover every day of the month up to the unknown 2 month tenancy period date!

Similar Threads

  1. Is my S21 valid?
    By hellosmile in forum Residential Letting Questions
    Replies: 11
    Last Post: 19-11-2012, 15:11 PM
  2. s21 Still Valid?
    By nessa in forum Residential Letting Questions
    Replies: 9
    Last Post: 06-07-2011, 17:35 PM
  3. Is S21 Valid
    By Orchardpm in forum Residential Letting Questions
    Replies: 3
    Last Post: 03-03-2010, 20:10 PM
  4. Is this a Valid S21?
    By Kaya in forum Residential Letting Questions
    Replies: 15
    Last Post: 02-03-2009, 12:12 PM
  5. s21 still valid??
    By TheFoxTrust in forum Residential Letting Questions
    Replies: 1
    Last Post: 14-05-2008, 10:21 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •