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 Mark Alexander

13:16 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Jay Jay" at "30/08/2013 - 13:01":

Jay Jay

You said .... "This seems to suggest that a tenant can leave without notice and no requirement to pay rent for the 6 month period ......." That's not what I said. The tenant is contractually liable to pay rent during the fixed term period whether he moves out or not, unless of course the landlord accepts that the tenant has gone and agrees not to charge any more rent to the tenant and to re-market/re-let the property.

and you also said "yet the LL must keep the property available for the vacated tenant without receiving rent." yes that is correct in the event of the tenant having moved out on the last day of a tenancy without giving proper notice.

by Puzzler

13:34 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Mark Alexander" at "30/08/2013 - 12:34":

Thanks I have now read this and as you say it contains some of the same information.

However your quote to which you attribute that you can conceal the ID of the landlord only refers to the deposit protection situation i.e. his/her name does not need to be provided (in some schemes). However independently of that, a tenant can insist on the name of his/her landlord. It says so quite clearly on the CAB website and there is nothing on the Land Registry site. There is nothing in the other thread that supports that identity can be concealed although it may not be required for deposit protection purposes.

The tenancy is a contract and you have to name the parties, surely? Otherwise how can you enforce it on either side?

by Jay James

13:42 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Mark Alexander" at "30/08/2013 - 13:16":

thanks Mark.

I was unsure of what I was saying, hence the phrase 'seems to'.

The situation as you clarified now seems more workable.

by Mark Alexander

14:00 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Puzzler " at "30/08/2013 - 13:34":

I'm out of my depth on this one. as I said previously, I may be mistaken but I have heard this somewhere and my recollection is that it was a reliable sure but sadly I can't remember which one. Perhaps somebody like Mary Latham, Tessa Shepperson or Ben Reeve Lewis could chip in their opinions. I have dropped them an email and asked them to take a look at this thread.

The question I have asked them is "Can a landlord conceal his/her identity from a tenant?"

by Mary Latham

15:36 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Mark Alexander" at "30/08/2013 - 14:00":

NO! The name and address should actually be provided in the AST but if it not and a tenant writes and asks for the landlords name and address the Agent (or person collecting the rent) has 21 days in which to provide it. That person will themselves face legal action if they withhold the information.
Section 47 and 48 of The Landlord and Tenant Act 1987 is here http://www.legislation.gov.uk/ukpga/1987/31/part/VI

This tenant is probably planning to take legal action based on the fact that no rent is due if this information has not been given to him, as stated in the Act. This is a common mistake and the Act says only that any amount that is "a service charge" is not payable - this does not mean rent and the tenant has no case if this in fact the law upon which he is relying.

In relation to the other issue of tenants stealing a landlord identity look at this, it is shocking and when I met Donna my jaw dropped listening to her story. Land Registry have now made it easy for an owner to stop this from happening.
http://www.stolenhomes.co.uk/index.html

Follow me on Twitter@landlordtweets

My book, where I warn about the storm clouds that are gathering for landlords is here >>> http://www.amazon.co.uk/dp/1484855337

by Mark Alexander

15:40 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Mary Latham" at "30/08/2013 - 15:36":

Hi Mary

What legal action could be taken, i.e. what are the consequences of a landlords identity being concealed?

I will now read Donna's story, thanks for sharing 🙂

by Mary Latham

15:49 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Mark Alexander" at "30/08/2013 - 15:40":

I am not sure Mark but I think that there is a standard fine

Follow me on Twitter@landlordtweets

My book, where I warn about the storm clouds that are gathering for landlords is here >>> http://www.amazon.co.uk/dp/1484855337

by Mark Alexander

15:54 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Mary Latham" at "30/08/2013 - 15:49":

One of the reasons I remain unconvinced is that I have met thousands of landlords and I've come across plenty who hide behind their letting agents. However, I have never come across a landlord who has been prosectuted for this, have you?

I can see how the legislation you have linked to has consequences for owners of freehold revisionary interests but not for you average BTL landlord. If there the law does apply to BTL landlords but there are no consequences of breaking it then what is the point of the law. The UK has several crazy laws like this on it's statute books, for example, a London Hackney Carriage driver can be prosecuted for failing to carry a bail of straw!

by Mary Latham

16:28 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Mark Alexander" at "30/08/2013 - 15:54":

It is the Letting Agent who will pay the penalty Mark not the landlord and that is a level 4 fine. S.1 of the Landlord & Tenant Act 1985 http://www.legislation.gov.uk/ukpga/1985/70

Follow me on Twitter@landlordtweets

My book, where I warn about the storm clouds that are gathering for landlords is here >>> http://www.amazon.co.uk/dp/1484855337

by Mark Alexander

16:40 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Mary Latham" at "30/08/2013 - 16:28":

Interesting, are you aware of any fines having ever been imposed?


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