NB: These comments are based on the tenant going into occupation on or after the 1st of October 2015 - if a tenancy commences earlier than that then the gas certificate arguments can be successfully resisted as the tenancy will...
Gaps in gas certificates and even the absence of a current current gas certificate are arguable issues generally in the landlord's favour (the requirement for annual checks although part of the gas safety regs is not itself a prescribed requirement...
If the tenancy is 1999 different rules apply to late registration of the deposit as the deposit requirements under the Housing Act 2004 did not exist when the tenancy was created so the preclusion of S21 due to late registration...
Reply to the comment left by Tom Jenkin at 16/05/2024 - 09:05You do not have a universal legal obligation to notify that guarantor the moment a payment is missed, that was a clause specific to your particular guarantor's agreement (even...
Reply to the comment left by Tom Jenkin at 15/05/2024 - 19:04That only applies to the specifics of your case in which it appears the landlord had a very poorly drawn up guarantor's agreement which placed an onerous notice burden...
There is case law confirming that the S21 will remain valid if a reasonable person would understand what was meant by the date contained in the S21 and there are specific examples of wrong years being used in error in...
EPC, Gas Certs and How to Rent all irrelevant for a pre 2015 Deregulation Act tenancy. However the deposit must still have been registered on time i.e. within 30 days of payment and you must be able to demonstrate that...
Reply to the comment left by Reluctant Landlord at 09/02/2024 - 11:41It could go either way in Court but deposit claims are cost bearing regardless of the small claims limit so it would be extremely economically risky to run one...
Reply to the comment left by Jonathan Willis at 08/02/2024 - 12:56Sorry to disagree but the effect of the Deregulation Act 2015 was to ensure that where a deposit had been registered and prescribed information provided under the first tenancy...
As far as S21 goes assuming the deposit was registered within 30 days you need to serve the prescribed information again before serving a new S21. A S21 served at a time where you are in breach of your deposit...
Reply to the comment left by Cathie French at 04/02/2023 - 14:29The wording if the tenancy agreement won't necessarily be determinative of the issues but the resident landlord status is important. A few of points to check in this scenario;...
You have almost certainly granted the tenant an AST and if you are able to get the paperwork straight and serve all prescribed documents you can then re serve the s21 with two month notice. The existing S21 only had...
The point is the claim must and will as a matter of practice, be brought under Part 8 as required by CPR PD 56.2 and not Part 7. 56.2 – STARTING THE CLAIM 2.1 Subject to paragraph 2.1A, the claimant...
However these claims if issued are usually allocated to the multi track and are costs bearing as the Tenant's solicitors will argue that as deposit claim is a landlord and tenant matter, it must be brought as a part 8...
Reply to the comment left by Chris Daniel at 12/01/2018 - 18:37I agree debt recovery is largely down to the circumstances of the tenant and a tenant unable (rather than just unwilling to pay) is likely to lead to good...
Reply to the comment left by David Price at 12/01/2018 - 10:57Police could be a potentially effective first port of call but I can foresee some difficulty where the original tenancy has not been terminated and she has not forced...
Speaking as a solicitor and landlord I would ensure that the original tenancy has been terminated first by way of S8 or 21 proceedings and obtain an order for vacant possession and then enforce by way of eviction with bailiffs...
Maybe my brokers limitations but they have only been able to come up with TMW will take a look at the others you mention although TSB have recently dropped to something like 4 properties max regardless of lender, cheers
Reply to the comment left by Neil Patterson at 03/11/2017 - 09:01Hi I probably used the wrong term, the 15 properties are on individual mortgages with a variety of lenders, but I can't find any alternative lenders going forward other...
7th December 2024, 1 year ago
NB: These comments are based on the tenant going into occupation on or after the 1st of October 2015 - if a tenancy commences earlier than that then the gas certificate arguments can be successfully resisted as the tenancy will...
Read More →7th December 2024, 1 year ago
Gaps in gas certificates and even the absence of a current current gas certificate are arguable issues generally in the landlord's favour (the requirement for annual checks although part of the gas safety regs is not itself a prescribed requirement...
Read More →21st May 2024, 2 years ago
If the tenancy is 1999 different rules apply to late registration of the deposit as the deposit requirements under the Housing Act 2004 did not exist when the tenancy was created so the preclusion of S21 due to late registration...
Read More →Reply to comment left by Tom Jenkin at 16/05/2024 - 09:05
Reply to the comment left by Tom Jenkin at 16/05/2024 - 09:05You do not have a universal legal obligation to notify that guarantor the moment a payment is missed, that was a clause specific to your particular guarantor's agreement (even...
Read More →Reply to comment left by Tom Jenkin at 15/05/2024 - 19:04
Reply to the comment left by Tom Jenkin at 15/05/2024 - 19:04That only applies to the specifics of your case in which it appears the landlord had a very poorly drawn up guarantor's agreement which placed an onerous notice burden...
Read More →18th April 2024, 2 years ago
There is case law confirming that the S21 will remain valid if a reasonable person would understand what was meant by the date contained in the S21 and there are specific examples of wrong years being used in error in...
Read More →10th February 2024, 2 years ago
EPC, Gas Certs and How to Rent all irrelevant for a pre 2015 Deregulation Act tenancy. However the deposit must still have been registered on time i.e. within 30 days of payment and you must be able to demonstrate that...
Read More →Reply to comment left by DSR DSR at 09/02/2024 - 11:41
Reply to the comment left by Reluctant Landlord at 09/02/2024 - 11:41It could go either way in Court but deposit claims are cost bearing regardless of the small claims limit so it would be extremely economically risky to run one...
Read More →Reply to comment left by Jonathan Willis at 08/02/2024 - 12:56
Reply to the comment left by Jonathan Willis at 08/02/2024 - 12:56Sorry to disagree but the effect of the Deregulation Act 2015 was to ensure that where a deposit had been registered and prescribed information provided under the first tenancy...
Read More →7th February 2024, 2 years ago
As far as S21 goes assuming the deposit was registered within 30 days you need to serve the prescribed information again before serving a new S21. A S21 served at a time where you are in breach of your deposit...
Read More →Reply to comment left by Cathie French at 05/02/2023 - 12:15
Reply to the comment left by Cathie French at 05/02/2023 - 12:15No problem, I will email you direct now.
Read More →Reply to comment left by Cathie French at 04/02/2023 - 14:29
Reply to the comment left by Cathie French at 04/02/2023 - 14:29The wording if the tenancy agreement won't necessarily be determinative of the issues but the resident landlord status is important. A few of points to check in this scenario;...
Read More →4th February 2023, 3 years ago
You have almost certainly granted the tenant an AST and if you are able to get the paperwork straight and serve all prescribed documents you can then re serve the s21 with two month notice. The existing S21 only had...
Read More →6th October 2021, 5 years ago
The point is the claim must and will as a matter of practice, be brought under Part 8 as required by CPR PD 56.2 and not Part 7. 56.2 – STARTING THE CLAIM 2.1 Subject to paragraph 2.1A, the claimant...
Read More →5th October 2021, 5 years ago
However these claims if issued are usually allocated to the multi track and are costs bearing as the Tenant's solicitors will argue that as deposit claim is a landlord and tenant matter, it must be brought as a part 8...
Read More →Reply to comment left by Chris Daniel at 12/01/2018 - 18:37
Reply to the comment left by Chris Daniel at 12/01/2018 - 18:37I agree debt recovery is largely down to the circumstances of the tenant and a tenant unable (rather than just unwilling to pay) is likely to lead to good...
Read More →Reply to comment left by David Price at 12/01/2018 - 10:57
Reply to the comment left by David Price at 12/01/2018 - 10:57Police could be a potentially effective first port of call but I can foresee some difficulty where the original tenancy has not been terminated and she has not forced...
Read More →12th January 2018, 8 years ago
Speaking as a solicitor and landlord I would ensure that the original tenancy has been terminated first by way of S8 or 21 proceedings and obtain an order for vacant possession and then enforce by way of eviction with bailiffs...
Read More →Reply to comment left by Puzzler at 03/11/2017 - 10:22
Maybe my brokers limitations but they have only been able to come up with TMW will take a look at the others you mention although TSB have recently dropped to something like 4 properties max regardless of lender, cheers
Read More →Reply to comment left by Neil Patterson at 03/11/2017 - 09:01
Reply to the comment left by Neil Patterson at 03/11/2017 - 09:01Hi I probably used the wrong term, the 15 properties are on individual mortgages with a variety of lenders, but I can't find any alternative lenders going forward other...
Read More →