LandlordZONE

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Oct, 2014

Friday

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  1. #1
    Join Date
    Feb 2013
    Location
    Southampton
    Posts
    1

    Default Check in / Check out reports.....

    Hi all,

    This is my very first posting so pleas be gentle with me...

    I am a joint landlord (myself/missus/ her sister and hubby), we own 2 properties that are self managed and we're doing very nicely thank you....

    So why the query..?

    I am inquiring on behalf of a good friend who has decided its time to move on from where she is. She's been there a year, and to be honest she wishes she never moved there in the first place. However... water under the bridge etc etc... I told her back in mid Jan NOT to renew her tenancy as she was looking to move on, and to just let it 'rollover' to a periodic tenancy. This she's done.

    I caught up with her at the weekend as she wasn't sure how much notice she needed to give. Having had a look at her contract it seems very clear that a 2 month notice needs to be given by either party if the tenancy is to cease. And i've told her to get it in in writing before the next rent due date (12th Feb).


    All good so far.....

    Then i said to dig out her Check in report and see what it says re 'condition' of carpets, paintwork etc. she said she was never given one, or asked to sign one either. All she remembers getting was a very quick 'walk through' with the letting agent. I said how on earth are they then going to prove any discrepancies and get them deducted from your deposit..??

    I've told her NOT to let anybody in without her being there just in case they (the landlord) try and do a retrospective report and try and claim all sorts of damage. Plus... to go and have a chat with the old tenant who moved out a year ago, who now lives just 4 doors up the road (very handy). Basically to ask if he had the same treatment and what did he get back from his deposit (plus were the carpets renewed, painting touched up etc before he moved in or out...)

    So... to my question.... her deposit (£1200) IS deposited with a DPS, however, would i be right in thinking that her landlord doesn't have much of a leg to stand on when it comes to disputing the deposit (as i'm sure it will come to this) as she wont be able to prove the condition from when she moved in to when she move's out..?


    Looking forward to your replies.... and thank you for taking the time to read my first post...


    Nick

  2. #2
    Join Date
    Oct 2006
    Posts
    7,417

    Default

    Quote Originally Posted by Mr Shed View Post

    I caught up with her at the weekend as she wasn't sure how much notice she needed to give. Having had a look at her contract it seems very clear that a 2 month notice needs to be given by either party if the tenancy is to cease. And i've told her to get it in in writing before the next rent due date (12th Feb).

    Doesn't sound correct to me.

    In regards to the inventory, members on this forum will make everyone believe that if the landlord doesn't have a signed inventory from a independant company at both check in, and check out, then the landlord does not have a chance.
    Stalkers, please go over this comment with a fine tooth comb.

  3. #3
    Join Date
    Jul 2008
    Location
    help@tenancyservices.co.uk
    Posts
    15,862

    Default

    Quote Originally Posted by thesaint View Post
    Doesn't sound correct to me.
    Agreed - section 5 specifically excludes terms relating to terminating the tenancy in a SPT

    In regards to the inventory, members on this forum will make everyone believe that if the landlord doesn't have a signed inventory from a independant company at both check in, and check out, then the landlord does not have a chance.
    The schemes have declared they prefer such an inventory, but at the end of the da, the more evidence a landlord has, the better his chance of success.

  4. #4
    Join Date
    May 2007
    Posts
    6,771

    Default

    A statutory periodic tenancy requires the tenant to give a notice of 1 month (S21(4)(a), which must end on the last day of a period, the landlord is required to give a 2 month notice. Statute trumps whatever the contract says.
    I offer no guarantee that anything I say is correct. wysiwyg

  5. #5
    Join Date
    Jul 2008
    Location
    help@tenancyservices.co.uk
    Posts
    15,862

    Default

    Quote Originally Posted by jta View Post
    A statutory periodic tenancy requires the tenant to give a notice of 1 month (S21(4)(a), which must end on the last day of a period, the landlord is required to give a 2 month notice. Statute trumps whatever the contract says.
    Just to be clear. That only applies to a statutory periodic tenancy created by section 5 of the 1988 Housing Act. In the unlikely event this is a contractual periodic tenancy then the contractual terms could well apply.

    Although the periodic tenancy may be created by statute, the notice period is 'common law', not statute.

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