Alison Walker

Registered with
Tuesday 26th November 2013

Latest Comments

Total Number of Property118 Comments: 14

Alison Walker

11:15 AM, 9th January 2019, About 3 years ago

NLA accuse Government of 'not being bothered' to help Landlords

I now have a property folder for each property which includes all the manuals for any equipment supplied, How To Rent Guide, EPC, Copy of the Gas Safety Record, Legionella Risk Assessment Form, Tenant Fact Sheets re condensation & bed bugs, maintenance notice, privacy notice, a cd containing the inventory photos and anything else that may be relevant to that particular property. These contents are also listed on the inventory which is signed by the tenant at check in so hopefully I've dotted all i's and crossed all t's! I also provide a couple of extra plastic folders in the file for the tenants to keep their tenancy agreement and inventory in (and some actually do this!)... Read More

Alison Walker

16:40 PM, 13th December 2018, About 3 years ago

And the landlord vote goes to - Please vote again

Didn't think any of the parties were worth my vote last time and feel no different at the moment... Read More

Alison Walker

11:45 AM, 10th October 2017, About 4 years ago

Growing Trend of people living in Vans in Bristol

Would there not be a risk of CO poisoning if fire burners are provided?... Read More

Alison Walker

17:45 PM, 11th August 2016, About 5 years ago

Should letting agent or landlord keep 12 months upfront rent?

Reply to the comment left by "Mandy Thomson" at "11/08/2016 - 17:07":

It shows you how confusing it all is if the experts can't agree. I was given the above advice after the appeal verdict!... Read More

Alison Walker

17:01 PM, 11th August 2016, About 5 years ago

Should letting agent or landlord keep 12 months upfront rent?

Reply to the comment left by "Mandy Thomson" at "11/08/2016 - 13:29":

I had a similar situation where my agents wanted to collect 6 months rent in advance from one of two sharers as their Guarantor was not likely to return the paperwork before the tenancy commenced. I wanted to clarify whether this would constitute an additional deposit and therefore contacted MyDeposits for their view. I also contacted a company who run training courses for us Landlords and the following is a transcript of the 3 emails that were sent/received (in my case the TA stipulated rent to be paid monthly) :-

A (To MyDeposits) - I recently attended a training course which touched on deposit protection and during the conversations I was advised that rent taken in advance but not mentioned as such in the tenancy agreement should be protected as if it is a deposit. I went on your site to protect this money but am unable to complete the form as the questions do not relate to this scenario. I called your help line and spoke to Joe but I wish to seek further confirmation that this is not viewed as a deposit by MyDeposits and therefore I do not need to protect it.

B (MyDeposits reply) - We would like to advise you that if it has been clarified that monies will be taken in advance towards rental payment - this is not classified as a deposit.

A deposit is taken towards any damages, outstanding rent or dilapidations which can be deducted at the end of the tenancy if the landlord/agent finds that any damage has been caused to the property or if there are any payments outstanding towards rent.

C (Response from Training Co) - I would advise you to be very careful about seeking advice on the meaning of the legislation from the schemes. The emails seeks to define a deposit, when the only definition that matters is the one in the legislation.

You will notice that the issues mentioned are all issues “arising under the contract” and they have no mention of issues “arising in connection with the contract” when the law clearly includes both.

You need do not more than to study the wording of the Johnson v Old judgement to see there is a clear indication that rent collected in advance of the date it is contractually due would be considered a deposit. The full transcript of the judgement can be found here.

Para 34 of that judgement says: I turn, therefore, to the second ground of appeal: that the judge was wrong to conclude that the payment of six months' rent at the beginning of the tenancy was not a payment of five months' rent as "security". It is, I think, common ground that, if part of the payment made on 29 April 2010 was a payment as security for the future payment of five months' rent not then due, then and to that extent, the payment was a "tenancy deposit" within the meaning of section 212(8) of the Housing Act 2004.

Note how it says that if the money was not then due (this agreement did state all 6 months was due up front) then the payment (of “rent”) would have been a deposit.

Our letting agent paid the 6 months rent to us at the commencement of the TA and to avoid any possible issues in the future we raised an Addendum to correct the rent due clause to reflect that 6 months rent had been paid in advance by one of the tenants.... Read More