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LLAW96

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About LLAW96

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  1. Taken from the health and safety executive website Since 31 October 1998, any room converted to use as sleeping accommodation should not contain the following types of gas appliances: A gas fire, gas space heater or a gas water heater (including a gas boiler) over 14 kilowatts gross input unless it is room sealed. A gas fire, gas space heater, or a gas water heater (including a gas boiler) of 14 kilowatts gross input or less or any instantaneous water heater unless it is room sealed or has an atmosphere-sensing device. If a room contains one or more of the above applia
  2. was increased from 25 - 100k pa sometime in 2010. If they are getting an income of 100k on the let I want in.
  3. Yes they can serve notice, they would have to serve under s.21(4)(a). The sticking point here will be that there will have to be a court hearing as you cannot use the accelerated procedure (claim on the papers) where there is not written agreement. So you would have to serve the notice (2-3 months wait) then issue the claim on expiry (4-6 weeks wait) attend the court hearing and convince a judge to make an order for possession on the earliest date (usually 14 days) then apply for a warrant of eviction (county court bailiff 3 to 6 weeks, high court sheriff 7-10
  4. Well you are required to serve a s.48 notice on your tenant which provides your address for service. If you fail to serve a s.48 notice then no rent is lawfully due from your tenant. Its not as harsh as it seems as once you serve your s.48 notice it is retrospective in nature and all rent outstanding is payable. I will not set out the full legal position re what can and cannot be considered a valid section 48 notice, but it would not hurt to serve a notice specifically dealing with this point if you are in any doubt.
  5. I am based in the Midlands and I spend a lot of time in Wales, I find the people friendly and the views fantastic. It must be harsh in winter in some places but a bit of cold never bothered me.
  6. 1. There is no correct form of letter to accompany your s.21 notice, you just need to serve it, a simple here is my s.21 notice will suffice. 2. As your tenant now holds the property under a statutory periodic tenancy the notice period has to be 2 months ending on the last date of a period of the tenancy so in theory the notice period can be anything up to 3 months. 3. see 2 above In protecting the deposit, I assume you have sent the tenant all the prescribed information as well (not just where the deposit is held), and you have sent your tenant a s.48 notice. I am also assuming your ten
  7. I do offer a fixed rate to my clients if they instruct regularly. I have set out previously the problems I encounter on a day to day basis. What you have to remember your average high street firm will not have the necessary skill or knowledge to deal with even a basic possesion claim but they will not want to turn away your business. Even in some of the so called specialist firms you will have only one person dealing with landlord and tenant issues or a position where most of the work is delegated to a lower grade fee earner or clerk. If you want to do your homework google solicitor search and
  8. how long have they been in occupation? even without a contract its a minimum term of 6 months.
  9. The point is that there is no longer a deposit, once the tenant has cashed you cheque and on the understanding the deposit has been returned to her you will be able to serve your s.21 and then issue your claim for possession. Do not worry about the claim form you can email it over and I will give it the once over for you.
  10. I see no reason why you cannot claim the arrears outstanding from the grant of the tenancy as the same follows the reversionary interest in the lease. When you say you have a tenant in place under an AST are you sure, I have seen these before where properties have been sold at auction as AST's when in fact its a tenant holding over on a long lease i.e a full assured tenancy.
  11. in the absence of any written agreement you have created an assured shorthold tenancy, minimum term is 6 months. see s19a housing act 1988. You will be able to obtain possession by serving a s.21 notice. If they do not leave on expiry of your notice you will be able to issue a claim for possession. You only problem will be you will not be able to use the accelerated (paper claim) procedure and there will have to be a court hearing. You have certainly not lost your home!
  12. If you are going to continue as a landlord there are a number steps you will have to take in order to protect your interests, having bank details of your tenant would seem prudent. Then your only option is to send her a crossed not negotiable cheque. I take it you have thought through all of the alternatives, does she have a paypal account? has she paid by cheque at some point? her bank details will be on it, did your agent take any bank details, or verify her status by copying a bank statement? Is it possible to enter into a compromise agreement? as a last resort can you ping the money to her
  13. run to your budget, that should have been. But its hot here and a drink would go down well.
  14. I like that option Richlist, not sure if most people can rum to your budget though.
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