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About chickpea

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  1. Thanks Grampa - I posted my previous post before I saw yours. She has the property back, luckily (without issuing a s.21 - just a letter to the tenant, giving them notice) and has already returned the deposit, as advised by the TDS. I'm guessing a letter to the tenant after the event might raise the tenant's suspicions? I don't know what form the inventory took or whether it was signed. Nor do I know how the check out was conducted. I have told her that I think she's had a lucky escape and a steep learning curve - and suggested she uses a knowledgeable agent next time.
  2. After a bit of research on the net, I can see that all subsequent tenancy agreements WERE ASTs, so she should have protected the deposit each time and given the tenant the PI. It seems she's had a lucky escape so far - at least she has her property back.
  3. A friend has recently returned from an extended period living abroad. During this time, she and her husband rented out their house. They managed the whole let themselves, but appear to have run into some issues at the end of the tenancy, regarding the deposit and whether in fact it was properly protected after the initial fixed term. It appears the tenancy began with an initial AST of 6 months. After this time, my friend sent a new copy of the original agreement, with a fixed term of 3 months. At the end of that period, she sent another agreement with a fixed term of 7 months. Do these subsequent agreements constitute AST's, if they are for periods less/more than 6 months, but less than 12? At no point did she re protect the deposit,and because of this, the TDS recommended that she pay the entire deposit back to the tenant, despite the tenant leaving the property dirty and damaged. Of course, I have told her that the tenant is still within their rights to sue her for up to 3 times the value of the deposit for non-protection. However, am I correct in thinking that the deposit wasn't properly protected, because the tenancy agreements she issued were all ASTs? From what I can gather, she protected the deposit at the outset,but didn't issue the P.I, only the certificate.
  4. Thanks all. Richlist - the agent sent out what I believe to be a similar letter to the tenant several weeks ago. The tenancy was based on him only, with his children visiting - even if this hadn't been the case, is it really realistic to imagine that no child will ever visit a rental property that was let to adults only? That said, I have 2 children myself and they never drew on walls or furniture - maybe I was lucky? There has never been damage to the vinyl from previous tenants moving out, but the idea of putting boards for white goods to stand on seems a sensible one. As I said, had the tenant bothered to mention the damage, I would have felt more favourable towards him. The cat stains (poo or pee) and the damage to the door, and the other cleaning issues will be an issue for the TDS. Apparently, the tenant is going to remove the various forms of rubbish this weekend. Mortitia - yes, we are very glad he's gone. Can you believe he had the cheek to call the agent, on spotting the property for re-let on Rightmove, and ask why we wanted him out??
  5. Will do. I was ready to go in and clean today, but grudgingly, since the place was absolutely pristine when it was let. The cardboard has been in the shed since the week he moved in - I found the delivery docket. The bins go on a Monday - he moved out on Monday, so not sure what the problem was there. Had he actually mentioned any of the issues, such as the damage to the vinyl, I might have felt more kindly towards him. But since he didn't, and since he left clear evidence of his unauthorised cat(s) ownership - in the form of scratched doors, stained carpet and empty cat food boxes - I'm quite happy for the agent to press the matter.
  6. Just spoken to agent and he's already nailed the tenant with a list of issues. Let's see what response comes back.
  7. Thanks Mel. I hadn't thought about asking what the tenant intends to do about it - will speak to the LA.
  8. Tenant moved out on Monday, we attended check out inspection with LA yesterday. 1/ tenant had left an overflowing wheely bin and 3 bags of rubbish outside the house. 2/ the large garden shed was full of large cardboard packaging from flat pack furniture. 3/ a child had drawn in biro on a small area of wallpaper and on the wooden fire surround. 4/ there is an 8 inch v-shaped tear in the kitchen vinyl floor, where the washing machine was presumably dragged out. 5/ kitchen blind pull cord is broken 6/ there is a stain in an area of about a foot square on the bedroom carpet that smells of cat origin. 7/ the bathroom is dirty - the toilet had excrement marks in it, everything was grubby and some parts were filthy. 8/ the kitchen was grubby. Food and grease splashes on the walls, oven door filthy. The irony is that the keys to the property were left at the agency by the tenant's cleaner. Now, I know that wear and tear is inevitable, so perhaps much of the above needs to be sucked up by us. Is there anything in the list that you would consider deducting from the deposit for? The tenancy was 7 months long and was to a single male, no pets.
  9. This is exactly what happened with us. T did a runner, forged a new AST,accused us/LA of a whole load of nonsense, wouldn't allow access, damaged the property etc, etc. LA went back and forwards with T for weeks before telling us we should consult a solicitor. Recommended a solicitor, who basically told us to forget any idea of persuing the T and charged us £300 for the privilege. We were left being owed £1100 in rent, plus a dirty a damaged property. Disputed the deposit and TDS found in our favour, simply down to the basic fact that, regardless of anything else that had happened, the tenant had never given written notice to end the tenancy after it became an SPT - something neither the LA or the solicitor spotted.
  10. Thanks Grampa. I cannot understand why the LA wouldn't simply issue a standard s.21, with no frills or extras - we haven't even mentioned to the tenant that he's breached his contract with the cats, we've just said we want possession. Why make sure things more difficult than they need to be? I'll ask him for a copy of the notice and see if that sheds any light on things.
  11. This is what I asked the agent to do, regarding clarifying to the tenant that he will need to pay rent past the 3rd. Are you saying the agent can have absolutely no contact with the T? I have no idea what on earth the agent means about the grounds for s.21. It SHOULD be a straightforward notice for possession, which makes me wonder whether he's served it incorrectly and is now doing his best not to rock the boat, hoping the tenant will go. I will email him again this morning and ask him to explain.
  12. Email response from the LA: "Further notices at this point are not required. Tenant has informed us in writing that he will be leaving on the 3rd, as per the notice. Just so you are aware, if we discuss beyond the notice period with the tenant, the 21b notice would be considered invalid in a court of law. Not many people are aware of this, and have had notices thrown out when getting to court. Marketing at this stage would not be advisable, as we have served notice and the ground we have served it on is not mandatory." Is this correct?
  13. Thanks both. I've mailed the LA today, asking him to write to the T, making clear that rent will be due on the 3rd and requested that he reissue the PI.
  14. Having had to use a solicitor to deal with our last tenants, I can well believe it, Grampa. The solicitor we used failed to spot that our tenant hadn't given written notice (nor, for that matter, did our LA). Would have saved us a lot of aggro and money.
  15. I haven't seen the s.21 but the LA informs us the notice expiry date is 3rd December. The tenant is behaving as though it is a notice to quit, and I suspect the LA hasn't told him otherwise because it's better he goes of his own accord than us having to get a court order. However, I foresee that the tenant will try to pay rent only for the time he stay in the property past the 2nd (ie part month) because he sees it as us asking him to leave and not vice versa. What date should a deed of surrender include - 3rd December, or the actual date he leaves? Again, my concern is that if he gets an idea that he doesn't have to leave, he won't.
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