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About snorkerz

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    Senior Member
  • Birthday 04/24/1965

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  • Location
    Lancashire & Carmarthenshire
  • Interests
    Tenancy Law
  1. I agree with #5 though the deadline for service of papers in court proceedings (which a s21 notice is 'technically' not) is 4:30pm. Therefore a document served at 5pm on a Friday evening may be counted served on the Monday by some judges.
  2. Yes because with one occupier tenant and one guarantor tenant the occupier only has a 'rent liability' for half of the rent shown on the tenancy agreement so far as 'benefits' are concerned. This is frequently a problem for couples who split but have joint tenancies.
  3. If the residential T has another joint tenant on their tenancy agreement and claims housing benefit then their benefit payments will be compromised. Not your problem until they start being unable to pay the rent.
  4. If tenants are on a periodic tenancy then either can give notice to terminate it. Departed tenant could do so and the tenancy would end on expiry even if female remained in property. You would then have your hand forced - do you grant her a new sole tenancy or do you treat her as a trespasser?
  5. Must advise you that your section 21 notice does not end the tenancy and does not oblige the tenant to leave. If your tenant decides to hang on as long as possible then it is possible that you will not regain your property until middle of March even if your section 21 notice is valid (30% fail in court). A quicker option may be section 8 but that is not guaranteed eviction. The more they owe, the better your chances. Does your tenancy agreement make any reference to grounds 8, 10, 11, 12, 13, 14 or 15 of either 'section 8' or 'schedule 2'? If a section 8 were successful then (again assuming they hang on) they should be out mid/end Jan.
  6. So long as there is nothing in the agreement to the contrary then you can increase the rent by mutual agreement or once every 52 weeks on a statutory periodic tenancy by the process outlined in section 13 of the 1988 Housing Act. Specific notice must be used A minimum of 1 months notice Increase must take effect at start of tenancy period Tenant has right to appeal to first tier tribunal Process is slightly different for properties in Wales.
  7. The only person who can start a court action is the landlord or his legal representative. A legal representative is a solicitor, lawyer, legal executive or 'ABS' regulated by the law society. The vast majority of agents are not legally qualified and CAN NOT do this for you by law - 'Legal Services Act 2007'. When agencies start getting their 'legal team' involved the cost is often separate from your standard fee structure and can turn expensive - solicitors at £200 an hour? There are established eviction companies like LandlordAction (an ABS) who will take this out of your hands for around £1000 - check if that will be less than your agents costs. There are also some companies that can work alongside you to DIY and their fees will come in considerably lower again.
  8. If daughter sends a properly worded assignment document to the landlord, and then the landlord accepts further rent, the assignment will be recognised in law. That means daughter steps directly into the shoes of the departed tenant accepting all his liabilities and gaining all his 'benefits'. This has a further advantage that the 'terms' are clear as they are exactly as the original contract.
  9. FWIW, the DPS seem to have introduced a system to avoid this re-occurring. Now with direct payments you have to log-on to your DPS account and allocate money to the specific tenancy. No idea when this came into effect. https://www.depositprotection.com/documents/direct-bank-transfer-user-guide.pdf
  10. Try Aldermore -just re-entering the slightly-less-than-perfect-credit-score market.
  11. Does your landlord live in the same building? The following answers assume not, but may be very different if he does. Your landlord may enter the property to view its condition by giving 24 hours written notice (section 11, 1985 Landlord and Tenant Act) The landlord may enter the property to effect repairs (section 16, 1988 Housing Act) and that makes no specific notice requirements. If you wish to leave (and assuming rent paid monthly) then your notice depends on when you move in. Let us say you moved in on the 15th March. Your first tenancy period would run from the 15th March to 14th April, your second one would be 15/4 to 14/5 etc. You must give at least one months notice in writing and your last day of liability will be the last day of a tenancy period. So, in this instance, if you gave notice tomorrow (20th Aug) your notice would expire on the 14th October (because 14 Sep is less than a month). (Common Law) Your landlord must give you at least 2 months notice (again ending on the last day of a tenancy period) but that merely entitles him to apply to the court for possession after that date. If he does have to apply to the court you may be liable for the court costs etc. (Section 21, 1988 Housing Act)
  12. An independent 'credit check' should reveal previous & linked addresses together with CCJs. Our basic one certainly does and I suspect all others do.
  13. Can you prove that the s21 was served during the current tenancy if the tenant alledges it was served during the previous (periodic?) tenancy? I minute either way . . .
  14. Sorry to hijack CORs thread. I currently have an ongoing guarantor claim and the guarantor (well one of them) has passed away. It has been changed to 'the estate of' but do you have any links/info on enforcing against the estate?
  15. Ironically Melboy, no tenancy agreement would possibly make this easier as a s21 could be issued for possession on the 6 month annivarsary or a s8 could be issued without the potential problems caused by s7. Having read this on other forums, I happen to know there is an agreement in place.
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