SPEEDTWIN Posted August 13, 2008 Report Share Posted August 13, 2008 Arla members have to have a bonded client a/c which we have, but we have never (not yet) been checked up upon to make sure the funds are actually put in there. But saying that if you go to all the bother and jump thro all the hoops they ask to be come members i dont suppose you wouldnt. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted August 14, 2008 Report Share Posted August 14, 2008 Good point. The only info they gave me was the info about Church commissioners V Meya (2006). and the approach adopted in the County Courts under Section 5(3)(d) of the housing act 1988 was that if the rent under the fixed term tenancy was payable weekly the tenancy arising at the end of the fixed term would be a weekly tenancy, but if the rent was paid monthly the periods would be monthly, and so on. I havent read thro it I just took their word for it (maybe that where I'm going wrong) Quote"I dont see how 6 paymts in one affects terms in ast ie monthly" Quote nor do I but you could also argue, I dont see how not protecting the deposit invalidates the s21 or accepting the keys from a tenants removes the need for a valid notice to quit. Simple...because (unfairly or not !) this is clearly set out as proceedure in the housing act xxXX and/or AST I dont know if it is right and it wont stop me taking 6 months upfront if offered it just may make me think about it more carefully and who i am taking off from. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted August 14, 2008 Report Share Posted August 14, 2008 argh my post has been hijacked about tenancy terms lol Rental payment period only affects the tenancy when it has been allowed to laspes into stat periodic as far as i am aware. So if tenant pay's 6 monthly regardless of what the terms of the ast stated you have allowed a contract to occur on 6 monthly payments. Therefore if no new ast tenancy is signed after the initial 6months has expired then u are setting yourself up for an stat periodic 6 month agreement and due notice would have to be served. I would suggest ...only if a payment is taken on mth 6 to cover 7-12 to avoid just issue new 6 mth ast The Rodent Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted August 14, 2008 Report Share Posted August 14, 2008 For example, if no mention is made in the tenancy agreement of 6 months paid in advance but receipt the tenant for 6 monthly payments made in advance. Exactly the way i have and will continue to operate ! The Rodent Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted August 14, 2008 Report Share Posted August 14, 2008 To haul this back on topic ... There apears to be no reason (legal) for LA to withhold rent ...fine scrutiny of ll/la agmt may yield "to hand over rent payments within xx days " or similar ....which i would interpret as ALL rent collected .... As b4 would issue demand for statute re; with holding or instruction to dc to collect The Rodent Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted August 14, 2008 Report Share Posted August 14, 2008 This is a forum not an advertising hoarding ........ Link to comment Share on other sites More sharing options...
SUGAR Posted August 25, 2008 Author Report Share Posted August 25, 2008 update update....omg well the worst is propably gonna happen now. I hate Estate Agents. We received a letter from our solicitor informing us that the letting agents are under Administration, hahaha. No contact yet back from the agents. So we wait and see and contact the administrators now i guess. Happy tenant, unhappy landlord. Link to comment Share on other sites More sharing options...
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