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kanrent

new AST

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Hi my tenant is on a periodic tenancy, he now requires a new AST can anyone tell me what will be the LEGAL requirements when a provide him with a new AST .

At present i do the normal annual gas check as required and i had a electrical safety check 5 years ago, the deposit was paid back to the tenant 2 years ago.

Im only interested at the moment in my "LEGAL" obligations, such as electrical, epc, book telling how to rent or somthing that i have heard about that sort of thing

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Mmmm........that was a strange link Richlist.

Kanrent - why does tenant NEED a new AST?   You seem to have got the jist of it.

The list:- Current EPC, current gas safety certicate, copy of the How to Rent book, deposit protection details/prescribed info.

Make up a dated receipt for all this and get tenant to sign on on receipt of the keys and paperwork. Job done.

 

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There were some new rules that came into effect in October 2015 which now needs to be complied with.

See....

http://www.rla.org.uk/landlord/documents/start-of-tenancy-checklist.html

 

Seems the RLA link is not working.......so, just find the rla web site and the checklist can be viewed by non members.

Mortitia, the list is a little longer:  in addition

* smoke alarm on each floor.

* carbon monoxide alarm in every room with solid fuel.

* template for reporting repairs.

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43 minutes ago, Mortitia said:

Mmmm........that was a strange link Richlist.

Kanrent - why does tenant NEED a new AST?   You seem to have got the jist of it.

The list:- Current EPC, current gas safety certicate, copy of the How to Rent book, deposit protection details/prescribed info.

Make up a dated receipt for all this and get tenant to sign on on receipt of the keys and paperwork. Job done.

 

mortita  actually its me that wants a new AST done a really stupid thing cant find the tenants original AST so i was going to write him a new one

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2 hours ago, Richlist said:

There were some new rules that came into effect in October 2015 which now needs to be complied with.

See....

http://www.rla.org.uk/landlord/documents/start-of-tenancy-checklist.html

 

Seems the RLA link is not working.......so, just find the rla web site and the checklist can be viewed by non members.

Mortitia, the list is a little longer:  in addition

* smoke alarm on each floor.

* carbon monoxide alarm in every room with solid fuel.

* template for reporting repairs.

I don't think there is implication for the service of a s21 and eviction if you don't do the above. 

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Grampa

According to the RLA.....

'......template for reporting repairs is useful because tenants may claim that they have reported repairs in writing to the landlord prior to S21 being served. If landlord has a clearly defined repairs procedure then this defence is less likely to cause problems in court or be believed by the council.'

It's so easy to provide a template compared to some of the other requirements that it's hardly worth avoiding, given the potential benefits. 

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That may be so but what is to stop a tenant saying he has reported on the form when he/she hasn't?

 

It isn't quite as simple for a s21 to be invalidated just by the tenant saying they reported a repair in writing and it wasn't done. A number of steps ALL need to be followed

1 The tenant puts in a written request/complaint regarding a repair

2 a The landlord doesn't reply within 14 days

  b Or provide a adequate response

  c The landlord give a s21 in response to the request

3 The tenant then complains to the council about the same issue

4  The council then serves a HHSRS notice about the same issue

5 If the s21 was not given before the tenants original complaint to the council, it was given before the service of the notice.

 

So there is a lot of hoops to go through first. 

 

 

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Your tenants and mine must be from different planets.

I'm sure the forum will find the information you provided invaluable.

I see the form as so easy to produce and then to have them sign to say they received it that I really don't understand why any landlord would choose not to do it.

I doubt any of my tenants would be likely to lie about reporting a defect but it could happen some time. Even if this were to happen occasionally to any landlord it still doesnt justify not providing the form to every new tenant, in my opinion.

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I just don't see the need for it. It just adds to the half a tree we already give out at a start of a tenancy.

Tenants in my experience  whether a single mum on benefits or a doctor, 99% of the time will phone in a repair request and the balance get reported or picked up on inspections.

Oh we do get a handful emailed in but not many.

 

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Agree with the 'half a tree' comment from Grampa - just done that this week!

So is the 'reporting repair form' compulsory and lack of it would make S21 invalid?

Disrepair is a well known stumbling block in Section 8 possession but does it now apply to Section 21?  Any statute would be welcome.

 

 

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My contracts state that repairs must be informed in writing, of course they 'never' are, it's a call , text or comment in passing.

For us to demonstrate service of a notice we have become aware of the need for record of dispatch or (not so useful) recorded delivery. It follows a T should use similar methods to report to us so they can demonstrate the action if needed. It bugs me that come a S8 hearing a T states disrepair and a judge will adjourn for reports rather than ask "how did the LL become aware"?

Here we are again with more responsibility for us to show absolute correctness when T's can shrug shoulders and say "I didn't know about that" when they have all the same methods at their disposal for educatioon that we do + Shelter + CAB + Housing Enforcement Officer + sympathetic judges.

And bear in mind that civil law comes down to the balance of probability, proof positive is for criminal law, seems the civil courts have become confused about that.

Belly ache over.

Aside from the fact that the RL checklists are getting longer, and with it the increased chance of us missing something that could have the result of being very expensive if this is what's needed well here we go AGAIN.

I can't think of another industry that has become so designed to leave the LL at such risk for innocent ommisions.

 

 

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1 hour ago, Mortitia said:

Agree with the 'half a tree' comment from Grampa - just done that this week!

So is the 'reporting repair form' compulsory and lack of it would make S21 invalid?

Disrepair is a well known stumbling block in Section 8 possession but does it now apply to Section 21?  Any statute would be welcome.

 

 

Mortitia it comes under sections 33 and 34 of of the Deregulation Act 2015 and to do with preventing retaliatory evictions. Its another change from the 1st October 2015 but doesn't apply to tenancies prior to that date.

Though from 1st Oct 2018 it will apply to all Assured Shorthold tenancies even if they started prior to 1st October 2015

 It is all linked it with Housing Health and Safety Rating System (HHSRS) hazards in a property

 

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Never heard so much fuss about so few sheets of paper.

Takes me all of 10 minutes to pull the pack of documents together.

Compared to many other areas of business (and often life in general) the work involved is not difficult.

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Yes Swampy.....the ECO warrior.

Now aged 40, lives in a yurt on a hippy commune in Wales with his 4 children .

A real character.

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A bit more than the '10' minutes.

We learn this dros and then it turns out to be wrong and is amended. The amendment has confusion because it applies to only part of the AST situations. We think we have done as we are instructed until a case goes up the courts and shows how wrong we all were.

And at the end of it all, we are the abusing, incompetant wrong doers.

By 'eck I'm glad it's Guiness night.

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