Ex tenant problems

Ex tenant problems

12:35 PM, 27th August 2013, About 8 years ago 66

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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



Comments

by Puzzler

12:06 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Jay Jay" at "29/08/2013 - 19:03":

Thanks for that, but it just says that they won't action any dealing without certified ID, not that you can conceal it.

by Puzzler

12:10 PM, 30th August 2013, About 8 years ago

"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"

This is from the CAB website, and my post was marked as spam for some reason !

by Mark Alexander

12:11 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Puzzler " at "30/08/2013 - 12:06":

I may be right, I may be wrong, it makes no odds to me as I have no intention of concealing my identity. As I said to Dave Reaney, I am not the slightest bit interested in digging through all the regulations yet again to have a debate which we had here just a few weeks ago. There was plenty evidence and legislation quoted by several people to support both views.

by Puzzler

12:12 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Antony Richards" at "29/08/2013 - 15:47":

Would be good to share the basis for the claim so that we are all forewarned?

by Daniel Gilby

12:27 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Mark Alexander" at "30/08/2013 - 08:22":

The tenant is moving out on the day that the tenancy agreement finishes,but he has only given me one weeks notice,am i entitled to any more notice as this is only giving me a week to find a new tenant.He originally had a 6 months agreement then at the end of that signed a 12 month agreement.

by Puzzler

12:29 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Mark Alexander" at "30/08/2013 - 12:11":

Oh well I must have missed that debate as this is the first I have seen about it

by Mark Alexander

12:34 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Puzzler " at "30/08/2013 - 12:12":

The topic was originally discussed in relation to deposit protection - please see this thread >>> http://www.property118.com/section-21-issued-prior-to-contract-signing/41639/

by Mark Alexander

12:45 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Daniel Gilby" at "30/08/2013 - 12:27":

Hi Daniel

Sorry, this will not be the answer you are hoping for, but I can absolutely assure you, I am 100% certain on this, your tenant can move out on the last day of the fixed term of his AST without giving you any notice whatsoever.

by Jay James

13:01 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Mark Alexander" at "30/08/2013 - 08:22":

This seems to suggest that a tenant can leave without notice and no requirement to pay rent for the 6 month period, yet the LL must keep the property available for the vacated tenant without receiving rent.

This is yet another onerous requirement placed on LLs.

by David Sweeney

13:08 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Mark Alexander" at "30/08/2013 - 12:45":

I agree in 99.9% of cases that the tenant can leave at the end of the fixed term without notice.  It is a fixed term, the tenancy ends on that date.  A new statutory tenancy only arises if the tenant stays in situ, if he doesn't, there is nothing to hold the tenant to.

HOWEVER, the 0.01% applies if a "Contractual Periodic Tenancy" occurs at the end of the fixed term.  I am no lawyer, but I am lead to believe that it takes very accurate drafting in the original AST to make such a CPT stick.


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