by David Asker
10:36 AM, 14th August 2019, About 2 years ago
I thought an HMO required an AST because of mortgage company requirements. Is a license acceptable for HMOs?
An AST and a licence are two very separate things, an AST is the legal contract between the landlord and a tenant. A licence required by law if you rent to 5 or more people who constitute more than 1 household, if some or all tenants share a toilet and if at least one tenant pays rent.
In some areas you’ll need a licence if you rent to fewer people. You can check if you need a licence in this instance.
What is the difference between Prescribed-Information and Deposit-Certificate? I thought they were the same.
Prescribed information details specific information and includes:
Information about the scheme (how the deposit is protected, how to apply to get the deposit back, what to do if you can’t get hold of the landlord at the end of the tenancy)
Information about the tenancy (address, names and contact details, name and details of any third parties who have paid a deposit, how much deposit has been paid, letting agents contact details)
This document must be signed by the landlord or managing agent.
You can find all the information about what should be included here.
Deposit certificate: this is the certificate from the deposit scheme you have used
Does S21-accelerated prohibit reclaiming rent arrears separately after possession is gained?
No, you can use the accelerated procedure to gain possession then make a separate claim for rent arrears and the associated costs and interest.
Is there any clarity as to whether a S21 notice is valid if the tenants were given the EPC, Gas Certificate and How to Rent booklet after the commencement of the tenancy, but before service of the S21 Notice? I have seen some cases struck out because the documents were not given at the beginning of the tenancy, although they were given before service of the S21 notice.
Pursuant to the case of Caridon Property Ltd v Monty Shooltz (22018)- a possession order was refused on the ground that the section 21 notice was invalid due to failure to serve a gas safety certificate on the tenants before they moved in.
Therefore, a valid gas certificate needs to be provided at the beginning of the tenancy and needs to be valid for the duration of the tenancy. Unfortunately, if there hasn’t been a valid gas safety certificate valid from the beginning of the tenancy then the section 21 is likely to be invalid.
The decision in Caridon is a county court decision and therefore not binding on other courts so there may be scope to challenge this. This area is ever-evolving so you never know. It is best to seek legal advice to see what other options may be available to you.
Does the court have to first pass the eviction before you can get involved?
Yes, we cannot physically become involved in the eviction until we have a writ of possession.
Does upfront rent (max. 1 month) apply to International tenants who have no UK Guarantor?
A refundable tenancy deposit capped at no more than 5 weeks’ rent where the total annual rent is less than £50,000, or 6 weeks’ rent where the total annual rent is £50,000 or above
A refundable holding deposit (to reserve a property) capped at no more than 1 week’s rent.