New Landlord help needed please

by Readers Question

8:46 AM, 19th August 2014
About 6 years ago

New Landlord help needed please

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New Landlord help needed please

Dear Members,

This is my first post so please be gentle. I am not a landlord myself but write on behalf of my daughter who is a new landlord.

She purchased the house next door to us after separating from her first husband. After a while she met somebody else and eventually married her new man and moved into the house he owns. When she purchased the property house prices were at the very best, since then house prices have dropped which would have meant had she decided to sell at the time she would have lost around £20,000, so she decided to rent her property out until house prices began to pick up again then possibly sell the house.

This is where the problems start. Not knowing the complex laws regarding property letting she let the house to a lady with a child. The lady gave a bond of £350 when she moved in and is paying £500 per calendar month rent. After numerous problems with this lady my daughter has decided to ask her to leave the property and issued her with a section 21 notice.

When the tenant paid the £350 bond my daughter was unaware that she had to put the bond into a bond scheme, naïve on her part I know but she just didn’t know about it. Anyway, since the section 21 notice was issued the tenant has gone to the local housing advice centre who has told her the section 21 notice is invalid because the bond was not placed in a scheme. I must point out that there is no problem with the bond being returned to the tenant at the end of her tenancy. New Landlord help needed please

Since all this my daughter has placed the bond into a holding scheme. Also the tenant has advised my daughter that she intends to move out on the 14th September so can somebody tell me what to do, has the local housing association got any power to intervene, is my daughter in big trouble or do we just leave it until the tenant moves out then give her her bond back.

Any advice would be gratefully received

Many thanks

Graham


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Comments

Mark Alexander

12:44 PM, 20th August 2014
About 6 years ago

Reply to the comment left by "Grayo Athome" at "20/08/2014 - 12:41":

It is not possible for members to attach documents to this forum.

Please contact Farah via the contact form on her member profile - link here >>> http://www.property118.com/member/?id=3380

Farah can then email you and you can respond with the file attached 🙂
.

Grayo Athome

12:56 PM, 20th August 2014
About 6 years ago

Reply to the comment left by "Mark Alexander" at "20/08/2014 - 12:44":

Thank you Mark

Grayo Athome

10:06 AM, 21st August 2014
About 6 years ago

Just a quick big thank you to both Farah and Mark for the help and advice they have given. I would especially like to thank Farah, who has gone far beyond the normal forum Q&A's and taken the time to look into things for me.

I have gained so much knowledge from this forum in the last few days that I feel I can give my daughter excellent advice on letting out her house in the future.

Just an update on the tenant, yesterday afternoon a load of packing boxes were taken into the house then later on in the evening her boyfriend turned up with a van and all the filled boxes were loaded into it so it looks like she is on her way thank god.

Once again thank you both for all your help and advice.

Best regards

Graham

Farah Stehrenberger

14:04 PM, 21st August 2014
About 6 years ago

Reply to the comment left by "Grayo Athome" at "21/08/2014 - 10:06":

You are most welcome Graham, wish you and your daughter all the best

Mark Alexander

14:40 PM, 21st August 2014
About 6 years ago

Reply to the comment left by "Grayo Athome" at "21/08/2014 - 10:06":

Great news Graham 🙂
.

Neil Robb

17:38 PM, 24th August 2014
About 6 years ago

Hi

Even though the tenant has moved out please don't forget what Mark said in the beginning. The previous tenant has 6 years to claim in law.

When giving back the deposit see if she will sign a receipt for the money stating that this is for full and final settlement and no further claims will be made in relation to the tenancy agreement.

Don't know if it would work but you never know.

Grayo Athome

18:41 PM, 24th August 2014
About 6 years ago

Reply to the comment left by "Neil Robb" at "24/08/2014 - 17:38":

Hi Neil,

Thanks very much for your reply. That is a very good idea hopefully somebody will come along and confirm if that would work or not.

Cheers

Mark Alexander

19:55 PM, 24th August 2014
About 6 years ago

Reply to the comment left by "Grayo Athome" at "24/08/2014 - 18:41":

A properly drafted surrender of tenancy agreement would work - see >>> http://www.property118.com/surrender-tenancy-agreement/67939/

In this case though the tenant isn't actually surrendering the tenancy. Therefore, an assignment by way of deed of the chose in action (see >>> http://en.wikipedia.org/wiki/Chose) to the landlord would be the most secure method I am aware of.
.

Grayo Athome

20:47 PM, 24th August 2014
About 6 years ago

Reply to the comment left by "Mark Alexander" at "24/08/2014 - 19:55":

Thanks Mark, I'll have a read now.

Grayo Athome

21:10 PM, 24th August 2014
About 6 years ago

Reply to the comment left by "Mark Alexander" at "24/08/2014 - 19:55":

Hi Mark, When you say the tenant isn't actually surrendering the tenancy it's possible she is. When my daughter issued the S.21 notice and it was deemed invalid by the housing advice centre the tenant sent my daughter a letter telling her she would vacate the property on 14th September. As she (the tenant) has not received another S.21 notice does this mean she is actually surrendering the tenancy ???.

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