Tessa Shepperson

Registered with Property118.com
Wednesday 5th June 2013

Latest Comments

Total Number of Property118 Comments: 146

Tessa Shepperson

6:49 AM, 8th July 2019
About 2 months ago

Student tenancy agreement update needed?

My understanding is that when doing a new tenancy due to a change of sharer, you can charge your actual reasonable costs or £50 but not both.

Reasonable costs are most likley to be things you have had to pay out for such as new inventories. So you need to make sure you keep all invoices.

The alternatives are either to refuse to accept any change of sharer during the fixed term, or to rent student houses by the room where it is easier to do the change.... Read More

Tessa Shepperson

10:52 AM, 5th July 2019
About 2 months ago

Student tenancy agreement update needed?

You need to be very careful about guarantees. If you sign a guarantee with Mr A for a tenancy with A, B and C as tenants, those are the people who he has agreed to guarantee.

So if you change the situation - either by assignment or by getting tenants to sign a new tenancy agreement, so that the tenants are now A, B and D - Mr A did not guarantee a tenancy with D as a tenant or indeed with D having a right of occupation. So this will almost certainly invalidate the guarantee. For example, C could have been a nice quiet person but D a wild partygoer with a history of alcoholism who Mr A would never have agreed to guarantee.

You are only safe if you get Mr A to sign a new form of guarantee.

Most tenancies run on without any problem and so these 'solutions' appear to be satisfactory. It is only when you get a problem and a dispute with the guarantor that you may find that the guarantee is now invalid - as the tenancy was not the same as the one the guarantor agreed to guarantee.

By then it is too late to do anything about it and if you are an agent you will have an unhappy landlord on your hand and probably a claim against you.... Read More

Tessa Shepperson

9:37 AM, 5th July 2019
About 2 months ago

Student tenancy agreement update needed?

Thanks Neil.

We have a special student tenancy agreement Jane, which is discussed here https://landlordlawservices.co.uk/the-landlord-law-student-tenancy-agreements/ which we have recently updated to make compliant with the Tenant Fees Act.

We can't help with the novation agreement though. I generally recommend a new tenancy agreement in all cases - I can't see how a novation agreement will get you out of re-doing the guarantor's agreements. As the resultant tenancy will not be the one which the guarantor agreed to guarantee.

Find out about our tenancy agreement service generally here: https://landlordlaw.lpages.co/landlord-law-tenancy-agreements/... Read More

Tessa Shepperson

9:04 AM, 17th August 2018
About A year 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 2 years 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