Tessa Shepperson

Registered with Property118.com
Wednesday 5th June 2013

Latest Comments

Total Number of Property118 Comments: 143

Tessa Shepperson

9:04 AM, 17th August 2018
About 10 months ago

Short-term tenancies: 3 instead of 6 months?

The requirement for an assured shorthold tenancy to be for a minimum period of six months was done away with in the Landlord & Tenant Act 1996 and since February 1997 landlords have been able to grant ASTs for any period of time they want - a month for example.
The problem comes if the tenant refuses to move out as the landlord cannot even serve a section 21 notice until after the first 4 months.
So effectively a short let is only enforceable by the tenant.
Note also that a landlord and tenant between them can agree to end a tenancy any time they like.... Read More

Tessa Shepperson

8:18 AM, 24th December 2017
About A year ago

Five Warnings for 2018 - #4 Pre-October 2015 Tenancies

It is always a good idea to serve important documents in a way that can be proved.

Getting the tenant to receipt and date a copy when serving by hand is one way, getting someone independent to witness service, such as a neighbour, is another. I have a long article on my Landlord Law site about service of documents which has more guidance.

There is no need to get the tenant to sign a new fixed term tenancy - unless you want to of course. For example, if you want to increase the rent.... Read More

Tessa Shepperson

19:35 PM, 12th September 2017
About 2 years ago

The complex law surrounding property condition and disrepair

I wouldn't recommend letting without a tenancy agreement as there are many ways that a tenancy agreement can protect a landlords position.

However, as you say, if your tenant takes no notice of it and ignores its provisions then you will have problems.

This is why it is of ABSOLUTE CRITICAL IMPORTANCE to take care in your choice of tenant and to try to choose someone who will respect your property and the tenancy agreement that they have signed. The importance of this cannot be overstated.... Read More

Tessa Shepperson

12:18 PM, 11th September 2017
About 2 years ago

The complex law surrounding property condition and disrepair

S11(2)(a) says that the landlord is not required

"to carry out works or repairs for which the lessee is liable by virtue of his duty to use the premises in a tenant-like manner, or would be so liable but for an express covenant on his part,"

Meaning basically that if the damage is down to the tenant you are not under any obligation to do the repairs. If you do decide to do it, the cost is something you should be entitled to recover from the deposit (subject to what your tenancy agreement says).

However, you need to have proof so

- Have an inventory prepared by an independent 3rd party and signed by the tenants when they go in which confirms that the smoke detectors were there at the start of the tenancy
- Get photographs/a video record of the dog and/or a witness statement from neighbours confirming that they are keeping a dog
- etc, etc

Keeping proper records including video and photographs is vital though, otherwise, it is just your word against theirs.... Read More

Tessa Shepperson

18:34 PM, 9th September 2017
About 2 years ago

Tenancy Agreements and how to get them right

Our tenancy agreement is 12-13 pages with normal sized print. You don't want a tenancy agreement that is too short as it will probably have missed out some clauses which are important for your protection.... Read More