Grampa

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.

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

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.

So many people are getting this wrong, agents and landlords. All the information must be present. A link to the scheme rules on their website for example is not enough. The appropriate rules or information must be physically given to the tenant(s) and relevant person(s). The landlord must sign the prescribed information or it can be signed by a landlord’s agent. All tenants and relevant persons must be given the opportunity to sign the information. You have to provide to the tenant or do: Protect the deposit received within 30 days Provide the tenant with the deposit certificate Provide the leaflet supplied by the deposit scheme administrator which explains the operation of the provisions contained in sections 212 to 215 of, and Schedule 10 to, the Act Provide confirmation (in the form of a certificate signed by the landlord) that the Prescribed information he provides is accurate to the best of his knowledge and belief and he has given the tenant the opportunity to sign any document containing the information provided by the landlord by way of confirmation that the information is accurate to the best of the tenant’s knowledge and belief. That information must include the following: The name, address, telephone number, e-mail address and any fax number of the deposit scheme administrator Any information contained in a leaflet supplied by the scheme administrator to the landlord which explains the operation of the provisions contained in sections 212 to 215 of, and Schedule 10 to, the Act The procedures that apply under the scheme by which an amount in respect of a deposit may be paid or repaid to the tenant at the end of the shorthold tenancy The procedures that apply under the scheme where either the landlord or the tenant is not contactable at the end of the tenancy The procedures that apply under the scheme where the landlord and the tenant dispute the amount to be paid or repaid to the tenant in respect of the deposit The facilities available under the scheme for enabling a dispute relating to the deposit to be resolved without recourse to litigation The amount of the deposit paid The address of the property to which the tenancy relates The name, address, telephone number, and any e-mail address or fax number of the landlord The name, address, telephone number, and any e-mail address or fax number of the tenant Such details that should be used by the landlord or scheme administrator for the purpose of contacting the tenant at the end of the tenancy The name, address, telephone number and any e-mail address or fax number of any relevant person The circumstances when all or part of the deposit may be retained by the landlord, by reference to the terms of the tenancy He has given the tenant the opportunity to sign any document containing the information provided by the landlord under this article by way of confirmation that the information is accurate to the best of the tenant’s knowledge and belief Also if the landlord is a company it must be signed by 2 directors or 1 and a witness. A eviction has just been struck out at the high court because it deemed the deposit wasn't protected correctly as only had one signature. The same applies when signing a S21. Its fun being a landlord isnt it????????

You have already hit the nail on the head with the betterment arguement. Offer 50 quid and state you will start a Money Claim online case if the balance of the deposit isnt returned.

How did you accept the return of keys? There is a lot of case law regarding that and what deems the end of tenancy. If you have accepted the keys and entered the property etc that would be a big arguement to say the tenancy is over. However, if the keys were dropped back and you informed the tenant at the time the tenancy still continued (ideally in written form) you have a good case to case from the tenant but not sure about the insurer but fight your case with them, go through theit complaints proceedure and tell them you will be entering a complaint to the ombusman

Call the DPS and ask the question. It does appear the tenant has opted out of adjudication and applied to the court. If so court paperwork would have been sent to the address for the the landlord in the tenancy agreement.

It is normal to provide a cooker but it is down to the landlord if to provide other white goods. But the more upmarket the property the more likely white good will be expected by tenants.

I have heard they may be reducing the 10 year requirement to 5 years and I also suspect the minimum rating requirement will be raised at some time also. If so I don't have too much of a issue with that.

I agree with Richlist. You should be instructing solicitors to start proceedings against the guarantor. It doesn't matter that the tenancy hasn't ended yet, start a claim for funds owed to date. That should focus their mind to maybe start offering something towards the rent. Also if there is a possibility the tenants are receiving benefits it will either be Housing benefit via the local council or Universal credit. Both sources have a mechanism in place to redirect any further payments directly to the landlord if the tenants are ay least 2 months in arrears. So contact both (see below) 1. Housing Benefit: Write a short letter to the Housing benefit dept at the local council the rental property is in. Explain you are the landlord of xxxxxxx and the tenant xxxxx is £xxx in arrears and therefore over 2 months rent is owed so under regulation 95 you require all further Housing benefit to be paid directly to you and your account number is xxxxxx. Important: Also include a simple rent schedule clearly showing payments made and the total arrears to date. If the tenants has been getting HB the payments will be suspended while they contact the tenant. It can take a few weeks to process but payments should be back dated to date they receive your letter. 2. Universal Credit: Use this link https://directpayment.universal-credit.service.gov.uk/ One or both will reply to say the tenants don't have a claim in place.

Unfortunatly most landlords insurance and mortgage lender T&C's wont allow for this type of letting. Also any leaseholder who may be mortgage free is also unlikely to be able to have a tenancy like this as the block insurance which they are likely to have no control over wont allow it. I'm curious do you advise any potenial clients to check these details?

Another option is to go for 2 guarantors. A big ask I grant you but not imposible.

There will be restrictions with some RG products if the tenancy has already started. However, I know RENT4SURE a few year ago did allow it if the tenant was referenced by them to a certain standard but you couldn't make a claim within the first month or so. If your tenant is on a rolling contract (periodic) he only needs to give one months notice. If the tenancy states 2 months it wouldn't be enforceable. You cant beat a quality guarantor when setting up a tenancy.

Well we are only popular in europe when they need something they havent got such as a competant military or intellgence service.

I suspect other countries also have this strain already but we are the first to identify and acknowledge it. I will eat my hat if other countries don't also acknowledge it within the next week or so.

tier 4 for us is only about 15 miles away so I guess its only a matter of time.

I know this isnt related to the the orginal question but have you checked your insurance and lender allow this type of tenancy otherwise you could find yourself uninsured at worst. Also if the company goes out of business you would have no details about the tenant(s). I have heard of many of these type of set ups ending very badly/costly for the landlord.

The question to ask is "should it have hand rails or were hand rails originaly fitted"? If someone had a acident could they reasonably argue an injury was exacerbated due to them not being fitted? Just playing devils advocate.

Be advised the Government have brought out a new "How to rent" Guide today. Make sure any new tenancies/renewals have this version attached and to be safe even if you have any periodic tenancies get a copy to your tenants and it documented that it has been received. Failure to do so will invalidate any eviction court action in the same way as not protecting deposit. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/942503/6.6642_MHCLG_How_to_Rent_v5.pdf

I have my first property about to complete for a Ltd Co and yes the mortgage rates are about 1%+ higher.

If using a Ltd Co you can transfer the ownship of the company and therefore the properties and mortgages to another party. The down side is the mortgages will likely have the original person who took it out as a guarantor unless the lenders allows a change of guarantor. Also I guess once rents start coming in you can take out funds up to the equivalent of any deposit put down when the property was purchased tax free because that amount may have been a loan to the Ltd Co for the purpose of the purchase. RL may be able to confirm but I think mortgage payments may be tax deductible which is/has been phased out for personal BTL purchases

Knowing what you know now and in the current cilmate if you had to buy your first BTL (with plans to buy more in the long term) would you choose to purchase the property(s) in the name of a Limited Company?

https://www.landlordzone.co.uk/news/breaking-sunak-gets-green-light-to-drop-cgt-bombshell-on-landlords-and-property-investors/?fbclid=IwAR2Y3Pz4xvHy1TwR1yV_v6OOd-HRf_T47_Wt8YbWD5FOsxE_RGrGXyD3REI

Request their details of their complaint procedure and and details of their regulatory body.

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