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Everything posted by LLAW96

  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.
  15. Giving the deposit back/reaching compromise over its return is a priority. If she will not take a notice from you will she take money? As a back up I presume you have her bank details and the money can be returned to her that way.
  16. Proof of posting can be rebutted on evidence of the tenant. You provide a certificate saying you posted it, she files a defence saying I did not receive it. S196 Law of Property Act 1925 will not assist as no doubt she will not accept a recorded delivery envelope. You could try sending it special delivery, I find very few people reject a special delivery. Nothing beats personal service I find. If she will not accept it post a copy through the door by hand and keep a copy and record of when it was served. Take a witness with you and if need be they can verify service of the notice via a witness
  17. That form of notice would be valid. You would need to have proof of service, handing to her her in person, pushing it through the door yourself. Note all of this has to be done after you have have returned the deposit otherwise your notice will be invalid. Leave it three months and then issue your claim.
  18. The clause I am asking about will be in the s.21 notice you downloaded.
  19. There is a bit of a debate as to when the last date of a period of a tenancy on this forum once the statutory periodic has kicked in. Does your notice have a rider clause, it should say something like "The landlord requires possession of the property after the (date) or if later after the end of that period of your tenancy which will end after the expiry of two months from the giving of this notice"? You dont need to give more notice than is required, just comply with the law and then when you return from abroad you choose the date you issue your claim. Giving longer notice than you need t
  20. I have not seen this post before. When you make an application for a hearing, you either pay a fee or if you cannot afford the fee apply for a remission. If you failed to pay the fee or the fee was mislaid then the court would have written to you to chase the matter up. You would have been given bewteen 7-14 days to respond. Now when you say hearing fee do you mean an issue fee on lodging your cliam or lisiting fee which is the fee charged by the court for setting your claim down for a final hearing. If it is the issue fee then all you have to do is file your claim again and this time pay the
  21. In relation to the court costs, if you have a written agreement you would issue your claim under the accelerated (form n5b), this is a claim for possession on the papers only. If she raises a defence there may be a hearing. If the defence is based solely on her claim for failure to protect the deposit then you you should be granted an order for possesion, her claim would then be adjourned off to the small claims track of the county court (albeit deposit disputes should be allocated to the fast track they just dont do it) The issue of her costs should not arise. You do not seem very confident a
  22. For the legal position see the subject "can deposits be protected late" posted on 30 August the position is set out at length there. If you tried to pay in the deposit after the amnesty period (up to 30 May 2012) it should have been returned to you. In order for your s.21 notice to be valid you will have to have returned the deposit to your tenant or entered into a compromise agreement. It is not an automatic 3 times the deposit the court now has a discretion. First thing first return the deposit to her, then serve your s.21 remembering it must be 2 months ending on a last day of a period of
  23. the name of the case would be useful, unusual for a landlord to take what I presume to be Judicial Review proceedings unless it was say a houswing association.
  24. The court may have given you permission on this occasion, but if you use a care of address on a claim form it should be returned to you.
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