Andrew Turner

Registered with Property118.com
Wednesday 29th October 2014


Latest Comments

Total Number of Property118 Comments: 6

Andrew Turner

14:42 PM, 29th October 2014
About 6 years ago

Section 21 notice advice please

Good luck - let us know once you have the keys back and can celebrate!... Read More

Andrew Turner

14:41 PM, 29th October 2014
About 6 years ago

Tenants Daughter comes of age - on or off the AST?

You would not need to refund the deposit and then re-protect it. You simply need to liaise with the existing tenant and the deposit protection scheme to ensure that the terms upon which the deposit are held are updated to reflect the new tenancy.

It makes practical sense for your new management company to be in charge of the issuing of the new AST (although I would get the AST quickly checked over by a solicitor as there are all types of badly drafted ASTs floating around out there) and the carrying out of the inventory check and schedule of condition.... Read More

Andrew Turner

13:57 PM, 29th October 2014
About 6 years ago

Section 21 notice advice please

If the TA is silent about service of notices, you are left with the common law position which is that it is up to the party serving the notice to prove to the court that, on the balance of probabilities, the receiving party saw the notice. It does not require you to prove that the tenant definitely saw the notice. It is a 'balance of probabilities' test. Usually, by hand delivering a notice to an address where the tenant is living, you are going to be able to satisfy that test. It is when you post a notice that the situation becomes much murkier and more difficult.

Andrew
Hughes Paddison Solicitors... Read More

Andrew Turner

12:25 PM, 29th October 2014
About 6 years ago

Do we need new Tenancy Agreements - Partner moving in and out of properties

Issuing a new AST would indeed result in a new 6 month period of security. It would be a tidier solution than making the amendment by letter (or by deed of variation) but you need to think about that 6 month period of security.

Are the tenants still within the fixed term, or has the fixed term expired?

With regard to the boyfriend issue, you are certainly within your rights to refuse to allow the tenant to share occupation (assuming that the tenancy agreement is a standard form AST). One option is to allow him to occupy as a 'permitted occupier' and to get the tenant and the boyfriend to sign a document confirming this status as a permitted occupier and not as a tenant.

I doubt that the benefits situation would be changed by the boyfriend moving in (as a permitted occupier rather than as a tenant) but you should check this with the local authority and they will be able to clarify the position.

Good luck.

Andrew
Hughes Paddison Solicitors
http://www.hughes-paddison.co.uk/... Read More

Andrew Turner

12:14 PM, 29th October 2014
About 6 years ago

Section 21 notice advice please

Check what the tenancy agreement says about service of notices. It is likely that s.196 Law of Property Act is referred to in the agreement. If so, hand delivery to the property will be effective service and you do not need to worry about the tenant ignoring you, or refusing to acknowledge the notice.

Provided you make a note of the date and time that the notice was served, ideally coupled with a photograph of you delivering the notice through the letter box, you can then satisfy the court that the notice was served.

Good luck.

Andrew
Hughes Paddison Solicitors... Read More