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Wednesday 15th January 2020

Latest Comments

Total Number of Property118 Comments: 13

9:25 AM, 21st September 2020
About 6 days ago

Letter of claim from no win no fee solicitor?

Besides the obvious fact that you need to quickly speak to a solicitor, my query is over the appointment of a joint surveyor (or rather lack of). Why can a joint surveyor not be appointed? I act as a Single Joint Expert (SJE) and have been accepting appointments with agreed access (risk assessed, of course). It seems a nonsense to say that an SJE cannot be appointed here - sounds like they are trying it on!... Read More

9:22 AM, 21st September 2020
About 6 days ago

Tenant insists on gas fire replacement!

Cooker - you say the tenant complains but there's nothing you can do - yes there is. Mend it or replace it. Why should the tenant have to put up with things that don't work.
Fire - as others have said, if you have central heating then you are complying with legal obligations. I have replaced a few gas fires with electric ones - sometimes the gas replacement is very expensive due to compliance with flues, etc.. The tenant's argument abour profiteering is wrong - as long as you provide a safe and compliant environment. Gas may be cheaper to run, so bear this in mind if you are thinking of putting the rent up and replacing with electric.

In terms of needing to raise the rent - has the market rent risen? If your tenant is paying the rent and is otherwise decent, do you need to upset the apple cart. Most landlords are not increasing rents in the current enviromnent, for obvious reasons, so make sure that if you do set about an increase you are on solid ground. Most here would probably advise you to build some bridges with your tenant before embarking on this course.... Read More

9:15 AM, 10th September 2020
About 2 weeks ago

He simply wants to keep it because he's paid for it?

Hi Roger

That's right, there's nothing you can do if he won't co-operate. If you ant it back on the 12th, then the best thing is not to charge him rent from the 12th to the 16th - you can't have your cake and eat it.

Signing up new tenants very quickly seems to be a familiar problem (I have had issues with my student children trying to gain access to houses they have paid rent for because the landlords are doing refurbs).

If the current tenant isn't going to play ball you could make an offer to the incomer to do the wortk whilst they are in, but reduce their rent.

Just be careful that the current tenant doesn't get difficult with you as you have no access to the house (legally) until you have cleared the pitch with them. You can't assume you have possession until the outgoer has handed the proeprty back.... Read More

14:35 PM, 7th September 2020
About 3 weeks ago

How to change AST agreement when husband voluntarily moves out?

Hi Tom
Direct Line's advice is shocking. You cannot just amend the name on a tenancy agreement. Once an agreement is entered into, there are protocols which exist.
The tenants are jointly and severally liable - i.e. one cannot simply walk away from the agreement and let the other one pick up the tab. One the basis that you are happy for the wife to stay, I'm with Paul (above) in that you need to formally end the exisiting joint agreement and do a new one to the wife.
I am not sure why you are concerned about witnesses - you can use a diffeent witness for the new agreement. In fact, if the agreement is for less than three years (i.e. it is not a deed) then strictly speaking no witness is needed. It is, however, good practice. It is more important that the tenant properly completes the agreement and as the issue has been caused by them, then that's their problem to sort out.... Read More

10:42 AM, 4th September 2020
About 3 weeks ago

Flooded property - Should rent be paid?

If the tenant is still being provided with accommodation then rent should still be paid by the tenant. As long as you pay the moving costs and anything similar so that the tenant is not out of pocket (presumably your insurance will cover this). Just to be clear about this - the tenant won't be paying you rent for your flat, but will be paying rent to the other landlord. Hopefully you insurance cover will meet the rent that you will lose, which it seems they will from what you say.

I am not sure what you are expecting.... Read More