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About Grampa

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    Super Senior Member
  • Birthday 01/01/1912

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    My Motorhome and a large glass of red or 3

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  1. The regulations state that a carbon monoxide alarm is to be fitted in any room which is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance. (i.e. rooms containing an open fire, log burning stove, oil burnt heating systems etc.) I also put them in the room with the gas boiler but there is no legal requirement to do so but it gives peace of mind to tenants and landlords.
  2. Just another thing to watch out for in the joyous life of being a landlord. https://www.dailymail.co.uk/news/article-9110999/Lodger-30-murdered-uncle-71-feeding-remains-badgers-jailed-life.html
  3. As long as it was protected within the correct timescales 7 years ago but no PI given all you need to do is give the tenant the prescribed info and deposit certificate. (though it doesn't stop the tenant potentially making a claim against you) You also need to make sure the tenant has: EPC Gas Cert Electrical Cert Latest How to rent guide In a situation like this I would post them all out to the tenant with an short letter stating "Please find enclosed the updated/replacement information relating to your tenancy for your records" Note: If you hadn't protected the deposit as well you would have to return the deposit as Richlist mentions.
  4. I have heard a lot of the "normal" GI policies have been withdrawn from the market or have added a covid clause due the higher risk which makes you wonder if they are value for money However, I have also heard HomeLet/Let Alliance are bring to the market a new policy though I have no idea on the ristrictions within it
  5. Well that could muddy the waters slighty and arguably a grey area what your main residence is. Thats why I asked about the address for bank accounts. Also mobile bills, driving licences etc etc. Because if they are all registered at another address do you think a judge would rule the uk address was your main residence??? Also if you had a spouse in Ireland that would be a negative.
  6. If the occupier does not have exclusive possession, i.e. they share, say, facilities with an occupying owner, then they will only be a licensee. The difference between a tenant and a licensee will be having exclusive possession and without that by default a licensee/lodger. So it doesnt matter if AST was signed if it quacks like a duck and walks like a duck it cant be a chicken.
  7. The fact that they are willing to reduce the claim should tell you they have no claim if they were genuine lodgers in your house. Explain that section 213 doesn't apply because a non-housing act tenancy applies to lodgers and they are requesting monies under false pretences. You could threaten to report them to the law society and request their complaint procedure. Note: the above does only apply if the "lodgers" really were lodgers meaning you were also living in the property as your main residence, the utilities and your bank accs etc are in that address and ideally shared kitchen and bathroom faculties with the lodger. It doesn't matter that a AST was used because that element of the contract would automatically be invalid. Also if you have already returned the deposit it shouldn't matter that the contract said you would protect it (some landlords choose to protect lodger deposits) because you have returned it and the lodger hasnt suffered a material loss.
  8. If the agent belongs to a regulated body (it will be on their website) such as Arla, Safeagent or UKLA you can also make a complaint to them. Also you have the option of a formal request for information under Data Protection Act 2018 which really (i think) just applies to infomation relating to yourself however you could try your luck and request for all information relating to you and your tenancy. Point out that the above act requires them to respond to a request for data within one calendar month. If not received an additional complaint will be made to the Commissioners office. You also have the right to request it in paper form which I do if I have to do this just because it causes a lot more work. Make sure all corespondance is done in writing/email as it makes your case stronger if they are not replied to, evasive, or not promtly. You also can leave a low star review on their, facebook, google, yell, allagents review sites which they will hate but make sure whatever you write is factually correct.
  9. What is the Renters’ Reform Bill? In what is sure to cause controversy and delight in equal measure, the proposals for the Renters’ Reform Bill were announced over the Festive Period during the Queen’s Speech. The proposals affect both landlords and tenants, with the Government looking to create more security and longevity in residential tenancy agreements. The full proposals can be found on the Government website, however the key takeaways are as follows: In favour of tenants, the main benefits of the Renters’ Reform Bill would be: Improving security for tenants in the rental sector, delivering greater protection for tenants and empowering them to hold their landlord to account. Improving the experience of those living in the private rental sector and the affordability for tenants when moving from one tenancy to the next by introducing a new lifetime deposit so that tenants don’t need to save for a new deposit every time they move house. Improving standards in rented accommodation, driving out rogue landlords and helping to professionalise the sector, with all tenants having a right to redress if their rented properties are not safe and healthy. Professionalise letting agents, to the benefit of tenants and landlords. Abolishing the use of ‘no fault’ evictions by removing section 21 of the Housing Act 1988 and reforming the grounds for possession. In favour of landlords, the main benefits of the Renters’ Reform Bill would be: Giving landlords more rights to gain possession of their property through the courts where there is a legitimate need for them to do so by reforming current legislation including the Section 8 process. In addition to this the Government will also work to improve the court process for landlords to make it quicker and easier for them to get their property back sooner. Who would this apply to? The Bill's provisions would apply to residential lets in England only. When will it be implemented? There is no current fixed implementation date. These reforms have been mused for a number of months, however it would now appear that steps are being taken to implement them into law. Contributing factors that have influenced calls for Housing and rental reforms: The English Housing Survey 2017-18 found that the average length of residence in the private rented sector is 4.1 years. An earlier Government consultation on longer tenancies showed that 79 per cent of tenants had only been offered tenancies of 12 months or less. According to the English Housing Survey, around three quarters of private renters paid a deposit at the start of their current tenancy. The Tenant Fees Act, which came into force in June 2019, capped deposits to 5 weeks’ rent where the annual rent is under £50,000 per year. Is Section 21 being scrapped? It is clear therefore from the above points that the Government are introducing the Renters’ Reform Bill to assist tenants and offer them greater security and living conditions in rented accommodation. Whilst it is has not yet been implemented, it is clearly only a matter of time until this will effect residentially lettings in England.
  10. I’m sure you will all be happy with this https://www.nrla.org.uk/news-breathing-spaces-new-rules-will-give-tenants-break-from-debt?fbclid=IwAR3GhlakAIxJdkpdLFeedQC4mJdik9-TeE6Slza62vhZTBUVJeXmF7XNBoc
  11. Well property is now refurbed (finished about a week ago) Myself and wife did the decorating top to bottom and garden clearance. I hate decorating but why pay someone if you can do it yourself and I'm glad its finished. New Kitchen, Bathroom (+ elecy shower), flooring throughout (carpets & laminate), Lounge fire & surround, UVPC Patio doors, x3 replacement window units, curtain rails, door hardware, roofing works, new consumer unit and loads of electrical works and bit of plastering. So had a quick tot up last night and be looking at approx 12.5k. So quite happy with that. Without the roofing, patio doors and fire costs which wasn't planned for I could have knocked about 2.5k off that but you cant plan for everything. All that's left is the garage door which is being fitted today £250 and a UVPC access door (labour only as already purchased) The contractor (who I know anyway) is moving in this week paying 6 months upfront as we have just sold his house. So fairly pleased with a 12 weekish turn around from completion,, refurb, to new tenant moving in. The only thing I think I would do different next time is get a decorator in and bite the bullet on the extra cost.
  12. I guess the property is owed in your name(s) so If someone did a land registry check your name would be on it. Your name needs to be on the tenancy agreement unless you sub-let the property to someone else who then instructs the letting agent but that may breaking your insurance and or mortgage requirements. The landlords address on the tenancy can be the agents address.
  13. Try this link for direct payments from UC https://directpayment.universal-credit.service.gov.uk/ My understanding is If infomation is required that may be used in a court case Data protection doesnt apply. Also any info your agent collects for the purpose of managing your tenancy has been done on your behalf and acttng for you. So you could try that angle first. Or sign up to the data protection act youself (£35) https://ico.org.uk/for-organisations/data-protection-fee/ and show your agent your certificate then demand the info. A question to ask would be if you had only asked for a tenant find service would they have not given you all the tenancy info once it had started. Also with at least 6 months arrears even in the current covid situation a section 8 (grounds 8,10,11) can be served and you can apply to the courts for a hearing . Ask why they havent advised that to you yet and served a section 8 on your tenant? Formally request their complaint proceedure and details of their regulatory body. That can sometimes focus the mind of agencies because that would involve a lot of work for them. Let us know how you get on
  14. An Ast can be any length (unless the law has changed recently) The earliest a s21 notice can be served is 4 months and 1 day, only if the AST was no more that 6 month long and it is the first tenancy not a renewal. You can still put the wheels in motion to evict but at present (the last time i looked) it is for England 6 months notice for a s21 and for a s8 using grounds 8,10,11 (arrears) the notice period is 6 months if less than 6 months rent owed. If the arrears are over 6 month only 4 weeks notice required. So once the notice period on which ever notice used has expired you can apply to the court for a eviction hearing and they re-opened in sept 2020 and the eviction ban is to be lifted on 21.02.21 New regulations allow a bailiff to attend if the amount of rent arrears is six months or more and possession was obtained on rent arrears grounds and the temporary respite on bailiffs enforcing possession orders ends today January 11, 2021 unless the government extends the ban. Best to use a specialist solicitor if serving notice or starting court proceedings in the present climate.
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