Ex tenant problems

by Readers Question

12:35 PM, 27th August 2013
About 7 years ago

Ex tenant problems

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Ex tenant problems

To condense the issues here goes… Ex tenant problems

Tenant on AST which ran into periodic for some two months

Tenant leaves no notice, just four page letter of complaints … staff …. other people… everything !

Worth noting at this point.. no complaints at all when in the property, just one boiler issue which was sorted asap and dealt with.

Before the tenant left we received an email from them asking who the rent money was paid to, name of landlord and where was the deposit. All of the required information was contained in the AST, Deposit Protection Certificate and Prescribed Information.

Legal for landlords had advised me that I did not need to give landlord address as I was the full acting management agent.

The tenant had found out ( I did not know) that the landlords business had been dissolved

The tenant now wants all rent back!

I have paid rent over and never had any returned!

Now the tenant taking me to court asking for some eight months barr 5 days rent back!

The company is still going ( landlord) but under a different name (not Ltd just a Partnership) which was running prior to but I paid to the Ltd company.

The tenant seems to want to sabotage my good name for no reason.

They have been left some three months now but think they can use bully tactics to convince me to part with money that was paid in good will to the landlord.

Advice is much appriciated

Thank you

Donna


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Comments

Mark Alexander

17:04 PM, 29th August 2013
About 7 years ago

Reply to the comment left by "DanieL GILBY" at "29/08/2013 - 16:33":

Hi Daniel

Your tenant can leave at the end of the fixed contracted period without giving you any notice whatsoever.

Mark Alexander

17:08 PM, 29th August 2013
About 7 years ago

Reply to the comment left by "Puzzler " at "29/08/2013 - 16:33":

I believe the instructions are on the HM Land Registry website. I also recall reading advice from HM Land Registry to landlords recommending them to conceal details of ownership when renting an unencumbered property. Sorry, I'm a bit pushed for time, otherwise I would research and provide links.

Jay James

18:47 PM, 29th August 2013
About 7 years ago

I cannot see that a judge will order the return of monies paid, given that one party has received and used up what they paid for.

Am I missing something?

Jay James

18:48 PM, 29th August 2013
About 7 years ago

Reply to the comment left by "Mark Alexander" at "29/08/2013 - 17:08":

Think I know the why, but how and why would a LL do this?

Mark Alexander

18:54 PM, 29th August 2013
About 7 years ago

Reply to the comment left by "Jay Jay" at "29/08/2013 - 18:48":

A LL would do this to avoid his unencumbered property from being stolen or mortgaged by an identity thieving tenant. As I said, details of how to go about it are apparently on the HM Land Registry website somewhere. I didn't pay much attention to it when I first heard about it earlier this year because all of my properties have substantial mortgages secured against them already.

Jay James

18:56 PM, 29th August 2013
About 7 years ago

Reply to the comment left by "Mark Alexander" at "29/08/2013 - 18:54":

This is what i thought.

I had a link to something on the topic, now to go on a long hunt.

 

Jay James

19:03 PM, 29th August 2013
About 7 years ago

the hunt was quick: link rechecked and it's still there and a quick read suggests its useful.

http://www.landregistry.gov.uk/public/property-fraud

 

Daniel Gilby

0:01 AM, 30th August 2013
About 7 years ago

In reference to my previous question regarding the notice period from my tenant.I previously stated that it was a fixed contract period and now I am not sure. I have looked at the tenancy agreement and it is an assured shorthold tenancy for a twelve month period,does your previous comment still apply.The tenant has been in the property for eighteen months.

Mark Alexander

8:22 AM, 30th August 2013
About 7 years ago

Reply to the comment left by "DanieL GILBY" at "30/08/2013 - 00:01":

If you didn't sign a new tenancy agreement at the end of the initial period a new periodic tenancy is deemed to begin when the fixed period ends. The terms of the periodic tenancy will be written into the original AST but usually the tenant has to give one months notice to end the periodic tenancy.

If you signed another fixed term tenancy at the end of the first one, say for 6 months, your tenant is only liable to pay rent for the new fixed period and may vacate the property at any time before the fixed period ends and without giving notice. This can be problematic if the tenant subsequently claims they intended to move back into the property and you have re-let the property. If in doubt you should try to get it in writing the tenant has vacated and if that's not possible, the only entirely safe thing to do is to obtain a possession order before re-letting.

You seem to be suggesting that the fixed term ended and that your tenant is now occupying the property on the basis of a periodic tenancy. If that is the case then you are entitled to one months notice.

Puzzler

12:03 PM, 30th August 2013
About 7 years ago

Reply to the comment left by "Mark Alexander" at "29/08/2013 - 17:08":

From CAB website it appears to be illegal to conceal the identity of the landlord and I cannot find any reference to it on the Land Registry site:

By law, as a tenant, you must be given the following information:

if you have a weekly tenancy (not a fixed term or monthly tenure), your landlord must provide a rent book or similar document. Your landlord commits a criminal offence if they fail to do so
if you do not know the name of your landlord, you can make a written request to the person who receives the rent for the full name and address of your landlord. The agent must supply you with this information in writing within 21 days, after which they commit an offence

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