Section 21

[annsykes@gmail.com]

Hi, my tenant was issued with a section 21 notice, as my daughter will be moving back into our property, how do we stand legally if we rent 1 or 2 of the remaining bedrooms out to help with the bills.

 

[Richlist]

There has been a lot of media coverage concerning proposed changes to the S21 process. At the moment those changes are only proposals that are currently under consultation and any introduction is some way off.

Therefore current S21 rules still apply. If you meet the criteria, serve the notice and go ahead as planned.

Just make sure :-

* You comply with HMO rules.

* You meet the tax reporting rules for Rent a Room relief or normal lettings.

[annsykes@gmail.com]

Hi Richlist,

thank you for that information, notice was served mid June with last day on 31st of August, tenant has breached agreement on several counts, which we were unaware of until we terminated the management company and received all of the relevant agreements.

 

Property is 3 bed with no more than 4 sharing have contacted council won't be classed as  an HMO no licence required, already complete tax assessment annually as live overseas.

 

 

[Richlist]

Has the tenant actually agreed to leave on August 31st ? Or are you hoping that they will move out ?

[annsykes@gmail.com]

Tenant has confirmed via text that she will  move out on 31st. I have arranged a check out company to do the check out as there were quite a few damages when I visited the property in May, that had never been mentioned in any reports from the management company, she has also confirmed that she has no accidental cover on contents insurance even though it is a requirement on her tenancy agreement. 

 

[Richlist]

Are you sure that's not an unfair contract clause ?

[annsykes@gmail.com]

I wouldn't have thought so, property was let furnished, we were also told that the applicants were a couple, he was employed, 2 small children, it turns out that they were separated, had been for at least a year prior to the application, he has never lived in the house. We also stipulated no smokers, she smokes and I believe she has been smoking inside the house as ceilings, paint work were yellow. Tenant was also responsible for garden maintenance, on 2 occasions I've had to have it cleared as it was overgrown and cost 300+ plus each time, the third time (last year) she was given a garden maintenance letter from agent, who never followed through on checking it was cleared. Lots of other issues ie not cleaning windows so much so that moss was growing on the ledges, pathways not kept clear are now covered in moss, a host of damage that has never been documented or reported to the agent and as she has no insurance for accidental damage has no money toput it right. 

[Richlist]

I doubt the contract requirement for the tenant to pay for accidental contents damage would stand up in court. If damage did occour and could be proven then a deposit deduction would be appropriate.

However, there is nothing to stop you including the clause. Many of us have clauses in our contracts which we know wouldn't stand a chance if challenged in court. The hope is that the tenant wouldn't know that and would comply with the requirement.

[annsykes@gmail.com]

34 minutes ago, Richlist said:

I doubt the contract requirement for the tenant to pay for accidental contents damage would stand up in court. If damage did occour and could be proven then a deposit deduction would be appropriate.

However, there is nothing to stop you including the clause. Many of us have clauses in our contracts which we know wouldn't stand a chance if challenged in court. The hope is that the tenant wouldn't know that and would comply with the requirement.

Tenant has been in for 10 years,  contract was drawn up by the letting agent, which we received only when we terminated our contract with them,  can only hope that she moves out on 31st and abides by the report of the inventory check out company.

[Richlist]

If the tenant has been there for 10 years there is likely to be plenty of wear and tear. The tenancy deposit adjudicator will therefore, very likely, not show much sympathy for any claims on the deposit by the landlord. Even with detailed check in/ check out inventories and photographic evidence a successful claim might be difficult to achieve.

Good luck.

[annsykes@gmail.com]

New carpets were fitted in January to lounge dining room, stairs, landing and vinyl to bathroom, cat urinating on new carpet in dining room, large burn mark right through laminate in kitchen worktop, cat using kitchen table legs as scratching post totally ruined at least 3 legs if not 4. lots of other damages that all add up. Letting agent failed to take an additional deposit when they were permitted to have a cat.  When put to them about the damage they insisted that inspections only cover over crowding, subletting and were not required to check furniture etc even though they were on a full management contract had taken an inventory. Hence the reasons for terminating the contract.

 

[Richlist]

Any landlord will have sympathy with your situation and many will have experienced similar themselves in varying degrees.  It doesn't change the fact that you are very likely, almost guaranteed, to be considerably out of pocket as a result. 

[annsykes@gmail.com]

Yes and it's not the first time either, have no faith in letting agents anymore hence taking it on by myself, at least if I carry out quarterly checks any damages will be noted there and then, not months or years down the line.

[Carryon Regardless]

It's generally recognised that inspections should be independant, your own inspections would likely be seen as biased.

If your A's were to carry out the admin to claim here, and it deosn't sound like it, they would charge for their efforts. That cost can be addd to any claim but increases your risk of a higher out of pocket result.

During a claim expect a generous, to T, write down allowance for the items damaged. You may think a carpet to be good for 15 years but 4 years is what I understand to be accepted.

Is there a guarantor? Again if there is the A often declines to provide such contact information citing data protection. That's not applicable but means you may have a challenge to get the details.

My view is to take this on yourself, you've already sacked the A anyway. Go to print staing clearly what your claiming for. Follow up with Letter Before Claim and progress as if going to court. Get what you can as compensation by negotiation then put it behind you.

The effort, stress and further insult from the County Court isn't attractive in my experience.

 

[annsykes@gmail.com]

Tenant is not being co-operative and now implying that I am expecting her to replace all of the worktops and not the one side of the kitchen where she has burned right through the laminate, in addition that neighbours have made her aware of an objection that I raised which came from my property address to a permanent building without any planning permission to a property 2 doors up and that it constitutes harassment even though I had informed by email of my intention. Therefore think it best in this instance that a professional company undertakes the check out procedure.

 

 

In future I will be dealing with all inventory check in and out procedures, inspections by myself. Thank you all for your input.