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

18:16 PM, 30th August 2013, About 8 years ago

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

Thanks for this, I have heard of people stealing properties. Usually it's those which have no mortgage ot the owner overseas as there is no other party to query the transaction. The Land Registry now allows you to restrict the sale by insisting on certified ID and I think all landlords would be well advised to consider doing so, it's form RQ. It's been advertised for a while but has only just been put on the website.

I also saw a scam on Heir Hunters where someone had forged a will which fortunately had been discovered but the criminal had previously been successful and was only caught when the property became subject to an inheritance investigation as it was thought that there was no will and one suddenly appeared after about three months.

by Puzzler

18:28 PM, 30th August 2013, About 8 years ago

Reply to the comment left by "Mark Alexander" at "30/08/2013 - 16:40":

That is interesting - is it a criminal offence? Presumably not, so you would have to apply to a court under civil law?

by Mary Latham

19:22 PM, 30th August 2013, About 8 years ago

The complaint can be taken to the Property Ombudsman and need cost the tenant nothing

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by Mark Alexander

19:53 PM, 30th August 2013, About 8 years ago

What if the letting agent is not a TPOS member?

by Mark Alexander

19:58 PM, 30th August 2013, About 8 years ago

PS there is also a law which says what an estate agent is and that all estate agents need to be a member of a redress scheme. I can find no evidence of enforcement of that either. All Property Sourcers are technically estate events according to the law but I reckon less than 10% of them have any PI insurance so they don't qualify to be members of TPOS or Ombudsman Services.

by Antony Richards

9:26 AM, 1st September 2013, About 8 years ago

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

I'm not quite sure myself which is why I recommended seeking good legal advice but eg, Section 47/48 notices invalid

by Gary Dully

9:09 AM, 3rd September 2013, About 8 years ago


This letter is to clarify the legal position that exists when a tenant wishes to end a tenancy.
 
Our tenancy agreement stipulates that you should give 4 weeks written notice and grant us access to allow advertising to be placed etc.
 
 That is an agreement between ourselves and as such can be negotiated on a case by case basis.
 
 However, in addition there is a legal requirement that must be met to comply with current legislation.
 
 The law is the Prevention from Eviction Act 1977 and it describes what the criteria from both parties must be to avoid breaching the law.
 
 I won’t go into too much detail, to do so, you should contact a solicitor, citizens advice or a local housing officer, who can advise you further, but my own personal understanding of the law is that the following points must be met, before a legal notice period can be accepted. (This is called “Prescribed Information”).
 
 ·  The notice must be in writing
 
·  It must be delivered at least 4 weeks before the notice period ends or 1 month if rent is paid monthly
 
·  It must bring the tenancy to an end at the end of a full rent period.
 
 Obviously, you may wish to check this information out yourself, so I have listed below some web site links to various organisations that also provide this information.
 
 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/11894/138304.pdf
 

 
http://www.thompsons.law.co.uk/factsheets/assured-shorthold-tenancy.htm
 
 
I hope that this clarifies why your notice is required.

Even Shelters web site instructs on 4 weeks notice.

I am not aware of the Act being repealed and so there are various case law incidents where the landlord has stuck to their guns and won.

by Mark Alexander

9:27 AM, 3rd September 2013, About 8 years ago

Reply to the comment left by "Gary Dully" at "03/09/2013 - 09:09":

Hi Gary

I think you are confusing the notice which must be given by the tenant to vacate with the notice that a landlord must give to a tenant prior to seeking possession via the Courts.

by Gary Dully

10:09 AM, 3rd September 2013, About 8 years ago

Reply to the comment left by "Mark Alexander" at "03/09/2013 - 09:27":

Thanks for your response mark,

 

I can assure you there is no confusion - the law quoted states what the tenants obligations are for both parties.

In Section II - Part 5 its states...

Validity of notices to quit.(1)[F14Subject to subsection (1B) below] no notice by a landlord or a tenant to quit any premises let (whether before or after the commencement of this Act) as a dwelling shall be valid unless—
(a)it is in writing and contains such information as may be prescribed, and
(b)it is given not less than 4 weeks before the date on which it is to take effect.

Please check this at the following link -http://www.legislation.gov.uk/ukpga/1977/43

because it saves me a great deal of money from tenants who scream when I do something wrong, but think they can get away with murder when they have messed up my property and leave after giving me two nanoseconds notice..

by Mark Alexander

10:49 AM, 3rd September 2013, About 8 years ago

Reply to the comment left by "Gary Dully" at "03/09/2013 - 10:09":

If we are discussing what the tenant needs to do about serving notice, please explain the relevance of your comments in terms of Prescribed Information. Whether or not a landlord served prescribed information property or even not at all has no bearing whatsoever on the tenant being able to give notice.

If we are talking about the notice periods which the landlord must give prior to seeking possession the correct periods are either two weeks or two months depending on the basis of the notice being section 8 or section 21 of the 1988 Act.Insofar as prevention of eviction and prescribed information the relevant legislation is the Localisation Act 2011.

Four weeks notice is only applicable to the notice required for tenants to serve landlords assuming a fixed agreement has expired..

Therefore, I maintain that you are confusing this thread.


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