Adam Alexander

Registered with Property118.com
Wednesday 5th June 2013


Latest Comments

Total Number of Property118 Comments: 67

Adam Alexander

18:35 PM, 11th July 2014
About 5 years ago

Tenancy Deposit Scheme- Landlord seeks advice

Reply to the comment left by "Yvette Newbury " at "11/07/2014 - 18:28":

Hi Yvette

That's what we advise landlords when we offer them a tenant find service via Rightmove for a fiver 🙂
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Adam Alexander

7:53 AM, 27th May 2014
About 5 years ago

Tenants Smoking in Non Smoking Flat - is it a breach?

Joe

Have you already served a section 21 (1b)?

If not you should do so now. You do not need to wait until the end of the fixed tenancy period.

I may also be able to help you to find another tenant and it will only cost you a fiver. Details via the link below.
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Adam Alexander

9:16 AM, 23rd May 2014
About 5 years ago

Can I do tenant checks myself?

Hi Roger

Please do not be confused by my company name, I only manage properties for my family so I'm not touting for business but I can help you, and other self managing landlords.

We have a process which we refer to as Professional Referencing and Soft Referencing. We do both and recommend both. You cannot obtain rent guarantee insurance without Professional Referencing and unless you have a particularly large property portfolio with very strong cashflow this is highly recommended.

Soft referencing is a process of getting to "know your customer".

I have documented our entire letting strategy on my website and you can access the relevant page via the link below.
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Adam Alexander

14:34 PM, 20th May 2014
About 5 years ago

What To Do When A Tenants Guarantor Dies?

Reply to the comment left by "Fred Jones" at "20/05/2014 - 14:22":

You should serve prescribed information again when the tenancy goes statutory periodic. If you don't the section 21 notice MAY not be valid.

Section 21 notices do not expire, therefore, if you have all your paperwork in order you are in a position to seek a possession order via the Court immediately.

In theory you could be fined up to three times the deposit and ordered to refund the deposit as well if you didn't re-serve prescribed information within 30 days of the tenancy going periodic. This is still theoretical and has yet to be tested in the Courts. The ambiguity occurred as a result of the the Court of Appeal decision in the case of Manual Rodriguez vs Superstrike Limited.

It is impossible to get a straight answer regarding the neccesity to re-serve prescribed information because the Superstrike ruling cannot necessarily be applied to all circumstances. The Court of Appeal finally confirmed that a fixed term tenancy becomes a new tenancy when it goes periodic. In the case of Superstrike the fixed term tenancy was pre-deposit protection legislation but the creation of the periodic tenancy was not. Therefore, as no deposit had ever been protected the ruling was reached as we all know it, i.e. the deposit should have been protected when the tenancy went periodic and prescribed information should have been served.

Many lawyers now think (post Superstrike) that deposits should be re-protected and prescribed information should be re-served within 30 days of a tenancy going periodic. My Deposits is a classic example of this as they now cancel protection 30 days after a tenancy goes periodic unless you tell them not to on the basis that the tenancy is now periodic.

DPS agree with me regarding the ambiguity, hence their stance of “it’s up to you what you do, take legal advice”.

The only logical conclusion is to re-serve prescribed information to cover your own back when a tenancy becomes periodic. This is because, when another test case reaches the Court of Appeal or Supreme Courts on the basis that a deposit was protected at first but prescribed information wasn’t served when the tenancy went periodic, the decision of the Courts could go either way. If you have been serving new PI and didn’t need to then you have no worries. If you haven’t been re-serving new PI but should have been then that’s a lot of money you stand to get fined!

Either way, in your case it seems that you missed the 30 day deadline to re-serve prescribed information so the risk of being fined exists no matter what you do. Whilst re-serving prescribed information late (i.e. now) will not mitigate your risk of being fined it will ensure that any defence against possession is foiled if the grounds are failure to issue new prescribed information when the tenancy became periodic.

Sorry for going into such detail but I want you to be aware of ALL of your risks.
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Adam Alexander

14:04 PM, 20th May 2014
About 5 years ago

What To Do When A Tenants Guarantor Dies?

Reply to the comment left by "Adam Alexander" at "20/05/2014 - 14:02":

PS - no ongoing fees either if you prefer to self manage.

If you want guaranteed rent collection (i.e. you get paid on the due date whether the tenant pays or not) that will cost you 5% of rent.
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