Tessa Shepperson

Registered with Property118.com
Wednesday 5th June 2013

Latest Comments

Total Number of Property118 Comments: 155

Tessa Shepperson

10:13 AM, 3rd July 2020
About 2 weeks ago

Switching AST to which contract type for tenants with Ltd co?

If the tenant is a limited company this cannot be an AST and will be a 'common law' unregulated tenancy. We have a company let agreement for members of Landlord Law. https://landlordlaw.co.uk/landlord-law-tenancy-agreement-service/

Remember that limited companies can fold up and disappear owing rent - I would recommend taking a guarantee from one or preferably two company directors.... Read More

Tessa Shepperson

9:54 AM, 28th May 2020
About 2 months ago

Does dog clause stack up legally?

We have had a 'pet form' for years which our members can use if they allow tenants to keep a pet - which will amend the tenancy agreement to include various pet-related clauses to protect the landlord's position.

You can read about this here: https://landlordlaw.co.uk/allowing-pets-in-rented-properties/... Read More

Tessa Shepperson

9:39 AM, 17th April 2020
About 3 months ago

Which form to use?

I agree. If you have failed to protect the deposit then this makes it very difficult to evict tenants. All deposits for ASTs must be protected within 30 days of receipt of the money. You do not need the tenant's permission to do this.

We have a kit which explains the issues and how to resolve them here: https://landlordlaw.co.uk/sales-deposit-error-repair-kit/

You won't be able to serve a valid section 21 notice until you have resolved your deposit problem.

You can serve a section 8 notice based on rent arrears, but be aware that tenants can defend and counterclaim for up to 3x the deposit sum in respect of the penalty for failing to protect your deposit. So you cannot guarantee success in a rent arrears claim unless the arrears = 2X 1 months rent + 3x the deposit sum.

Mind you, even if you were in a position to serve a notice right now, you are unable to progress an eviction claim as all possession claims have been stayed by the court until June (and it is likely that the stay will be extended).

I would also recommend that you do a bit of training and learn more about the laws and regulations which apply to rented property. We are featuring a free or low cost course every week in our Lockdown Learning project here: https://landlordlaw.co.uk/learning-for-landlords-in-the-lockdown/... Read More

Tessa Shepperson

11:19 AM, 13th January 2020
About 6 months ago

Letting agents pass key without deposit, advanced rent and signed contract

It sounds as if your agents are in breach of their agency agreement (but read it first to check what they have agreed to do for you).

If they are failing to deal with your issues properly you can bring a complaint about them to their property redress scheme: https://www.landlordlawblog.co.uk/2018/04/10/property-redress-schemes/

Or if the issues are serious you may be entitled to cancel your agency agreement (but check carefully first and maybe take legal advice).

Note that we have guidance on my service for landlords in this position which you can read about here: https://landlordlaw.co.uk/openaccess_trails/dealing-with-problem-letting-agents-a-guide-for-landlords/... Read More

Tessa Shepperson

10:07 AM, 8th January 2020
About 6 months ago

Boyfriends/girlfriends: Is it now an HMO?

It's often difficult to say when someone is living in a property or is just a guest. There is no statutory definition. But if the boyfriend is living there it will be an HMO, although maybe not licensable.

You may want to amend your tenancy agreement in future to stipulate how many nights guests can stay (we have this in the Landlord Law Tenancy Agreements).

You may also be interested in my free HMO 101 course here: https://tenancylawyer.co.uk/hmo101/index.html#/... Read More