Paul landlord

Registered with Property118.com
Saturday 14th December 2013


Latest Comments

Total Number of Property118 Comments: 130

Paul landlord

23:37 PM, 14th June 2021, About 2 months ago

Covid delays - Should Landlord take the hit?

I believe lining up a tenant 'chain' is a mistake regardless of the circumstances (covid/ no covid it makes no difference). In a buying and selling chain all parties have a legal obligation to ensure vacant possession is given in a timely fashion on the said day.

Unfortunately forming a 'tenant moving chain' relies only on 'good will' on the vacating tenants part to actually give vacant possession, whilst if you have signed new agreements with the incoming tenant you have created a legal obligation on your part to ensure vacant possession. Not a good position to get into- making promises you're not in a position to guarantee can be fulfilled.

Not trying to be clever here- I learned this lesson the hard way about 15 years ago. I even had the incoming tenant threatening legal action against me for breach of contract. Since escaping that one I never sign any agreement to move anyone in until I have vacant possession even if it does give a slightly extended void period- worth every penny.

My advice is forget any ideas of trying to recover monies from anyone, do whatever creative stuff and clever talk you need to do to get out of this mess and be thankful if it all works out- It could end up with people looking for money from you!... Read More

Paul landlord

10:14 AM, 10th June 2021, About 2 months ago

Can Guarantor give notice to end tenancy that has become periodic?

Reply to the comment left by Ian Narbeth at 10/06/2021 - 09:40
Hi ian. I thank you very much for your reply there and im sure that I'm sure all followers of this will find this information useful as do I. As we all know we are under a constant barrage of attack from many sources and ensuring that our paperwork is in order is just one 'brick in the wall' for our extremely limited defences!... Read More

Paul landlord

9:31 AM, 10th June 2021, About 2 months ago

Can Guarantor give notice to end tenancy that has become periodic?

Reply to the comment left by Ian Narbeth at 10/06/2021 - 09:17
Hi. You seem to be quite knowledgeable on the subject and this seems to be getting confusing (unless its just me!), so as to simplify and of course answer the original poster without repeating all the posts again, does that mean that our take on the NRLAs documentation regarding guarantors only being accountable for the fixed term and their advice from a couple of months ago stand? Or am I taking it from your comment that there has been a redraft of NRLA paperwork since then on the matter and the guarantor remains liable for the full duration of the tenancy without 'easy outs' regardless? Many thanks... Read More

Paul landlord

16:22 PM, 9th June 2021, About 2 months ago

Can Guarantor give notice to end tenancy that has become periodic?

Re the last few comments:-

The NRLA tenancies become Contractuals these days not Statuatories and its been that way for a long time now. They 'schpeil on a bit' in their clauses on AST and Guarantor paperwork about seeking replacements etc etc but ultimately it still allows the guarantor to walk after the fixed term with no obligation to continue, leaving you potentially stuck with tenants without you having your back covered.

Ultimately I sarcastically but politely pointed out to the phone advisor that under their agreements then, that the guarantor is only as good as the fixed term, so my fixed term better go down as five years if I want the security a guarantor should bring to the table!! Although they weren't advising that term obviously, they couldn't argue with my atatement.

The deed of guarantee I use has extreme clarity to the obligations of the guarantor and conditions including that their liability doesnt end after the fixed term under any circumstances and the liabilty continues through to vacant possession etc.

As said before the NRLA advisor told me that this 'could' be seen as an unfair condition and void the guarantor agreement completely.

They didn't quote any change in case law to back this up. I get the impression they are erring on the cautious side in favour of the tenant and guarantor at the expense of their members. NRLA selling us out- never happens does it??

I will continue to use my deed until its proven either way.... Read More

Paul landlord

0:40 AM, 9th June 2021, About 2 months ago

Can Guarantor give notice to end tenancy that has become periodic?

Reply to the comment left by Robert Mellors at 08/06/2021 - 16:09
Thats exactly how my guarantor agreements have been written for years. If the guarantor wanted out then it would have meant a section 21 for the tenant with the guarantor liable for all the costs up to vacation. Always been simple for me- no guarantor no tenancy. I've found in the last 30 years of being in this business you can always be surprised by a good tenant turning bad on you. No such thing as a tenant building up a 'credible rating' with me and not requiring a guarantor- burned too many times in the past to risk it.

Recently I decided to look at the NRLAs guarantor stuff- never used it before even though been a member for15 years. Had to phone them up to question the point of their agreements the stuff was so 'wishy washy' it was pathetic. They told me in their view holding the guarantor past the fixed term could now be seen as an unfair clause and hence in their agreements the guarantor can walk at the end of the fixed term and liability ended! They question the deeds we speak of and suggest that a judge could decide its an unfair clause that could invalidate the guarantor agreement in it's entirety!

Could do with clearing this question up especially in todays toxic anti landlord climate.... Read More