Darren Peters

Registered with Property118.com
Saturday 2nd January 2016

Insures properties through a broker recommended by Property118
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Latest Comments

Total Number of Property118 Comments: 140

Darren Peters

12:12 PM, 29th June 2020
About 2 weeks ago

Urgent tenancy help required please?

Was there an original agreement in writing before April? What did it say about notice. Did you agree to the new tenancy from April? Do you still have the text message the Landlord sent you in April?

Has the landlord given a date when the property was sold/is to be transferred to the new owner?... Read More

Darren Peters

9:21 AM, 22nd June 2020
About 3 weeks ago

Extension of eviction ban for commercial leases

Commercial going the way of residential. Contracts no longer worth the paper they are written on. Tenants get a de-facto 6 months rent free on top of the year's rates holiday and are encouraged to negotiate the rent & terms downwards.

Landlords get to ask for a loan.... Read More

Darren Peters

11:44 AM, 10th June 2020
About a month ago

Contract signed but tenant did not move in?

Have you received the first month's rent and/or deposit?

Normally, broadly speaking, if the tenant left a property early you would be entitled to rent up to the point you got a new tenant. Ie if they left on day 1 and you re-let the property a month later you would be entitled to a month's rent from them.

If they haven't paid you anything it will be hassle to enforce. If you have say 1 month's deposit and 1 month's rent in the bank already then you are paid for up to 2 months but must refund part if you find another tenant within the 2 months.

Disclaimer, I'm not a lawyer and this is opinion not advice.... Read More

Darren Peters

11:30 AM, 10th June 2020
About a month ago

Still working on the new claim form N5B - give me strength?

Did the tenant give you a deposit?
Did you protect the deposit and generate a deposit protection certificate and give that to the tenant? Did you also give the tenant the prescribed information pertaining to the dpc then and at any other point? It would have been available to download with the DPC wherever you protected the deposit.

Belt and braces is you re-sent the DPC & prescribed info on renewal and when the tenancy goes to statutory periodic.

As for which date, better minds will advise which of several you pick but perhaps add something to state the other times you served the documents. If you have evidence of sending it's fantastic but the tenant is unlikely to deny receiving I suspect.... Read More

Darren Peters

11:09 AM, 10th June 2020
About a month ago

What Planet Are They On?

Out of curiosity, supposing a landlord needs the rent to pay the BTL mortgage but the rent has stopped. The landlord has probably used their savings to pay the mortgage to start with but the process has dragged on so long that the landlord has nothing left and the property is repossessed. Something becoming more and more likely as the eviction process is made longer and longer

Does the bank continue the eviction process started by the landlord with the same case number and start date? Or must the process start again? Or does the bank chuck the property into auction to get what they can? I did hear that once the bank became mortgagee in possession the tenancy was nullified and the bank could give the tenant 2 weeks' notice after which the tenants were trespassers and could be dealt with accordingly. Any truth in this?

Alternately, once the landlord has lost the property to the bank, can the landlord still pursue the tenants for past unpaid rent or consequential loss... Read More