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Kathleen Mellor

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  1. It sounds as though you may have given the section 21 notice too early, or it is invalid in some other way which is why the council is saying you need to serve it again. Tim’s advice is sound in my opinion. Serve a section 8 notice, and a new section 21 (belt and braces) & try and negotiate with the tenant to leave voluntarily using the leverage Tim mentioned. If the tenant agrees to leave early make sure you get a signed and witnessed Deed of Surrender for the property (again belt & braces) to show the tenancy was legally ended. That will make any court action quicker and
  2. This came directly verbatum from the TDS website, so should put your mind at rest: When does the prescribed information need to be re-issued? There are four situations in which a landlord/agent should reissue the prescribed information. Change of tenant (For example if one tenant moves out and is replaced) Change of landlord (For example if the landlord sells the property to another landlord) Change of scheme (For example if you were leaving the Insured scheme to join the Custodial scheme) Change of tenancy address (For example if the agent or landlord h
  3. The agent was acting on your behalf, so by the agent issuing the PI it is the same as you issuing it! You have signed proof of receipt by the tenant. The only snag could be if you have since renewed the tenancy with a new fixed term. If not and the tenancy has simply become a monthly periodic tenancy there is no requirement to reissue the PI. The tenant may be confused by the fact that they may have received a notification of the deposit moving to your personal account, from the agents account, however there has been no change of landlord and no new tenancy created and therefore there is no
  4. I've never done this myself, so hands up, it's not something I know much about, but in truth this would make me nervous. Where would you stand if the agent had control of your property, had it full of tenants you knew nothing about and had no input or decision making power over in terms of their suitability and you stopped receiving payment from the agent to boot. Not an unheard of outcome in rent to rent. As others have said, the agent is obviously pretty confident he can make a profit out of this or he wouldn't take it on. How is he proposing to do this? Emergency accommodation
  5. I completely agree with you Dave! This is an entirely new tenancy and firstly it is a legal requirement that the deposit be re-protected and prescribed information etc be reserved. If no signed inventory and photographs of the condition on the commencement of this specific tenancy exist it will be impossible for you to make any claims against the protected deposit to compensate you for any damage. In the event that the Lead Tenant does not agree to any claimed deductions you will have literally no recourse other than for rent arrears. Kate
  6. Gosh Joe, you've certainly had a baptism of fire there! One thing to bear in mind is that many of the legal requirements for residential letting are the legal responsibility of the landlord, regardless of whether or not you are paying an agent to take care of these things for you. So, it is really important to not only have a highly competent agent, but to do your homework and learn about the legal requirements yourself also. An added bonus of this is it will help you to differentiate between a good agent and a bad one. I would advise you to enroll in a Principals o
  7. Hi Christiana, as you can see from Obsessed Members reply this is a complex area and in order to give specific, useful advice we could really do with some more details about your tenancy. When did the tenancy commence (before or after October 2015)? Have the tenants breached their tenancy agreement and if so in which ways? If they are in rent arrears, how many months in arrears are they? Have you taken any action up to now, or are you still at the research stage? Kate
  8. Hi Andy, What an infuriating situation. It could be worth your son consulting a solicitor prepared to act on a 'no win, no fee basis', or if he had legal insurance on his contents policy at the time this occurred it would likely cover any legal costs, (it's usually a cheap add-on to home insurance). There could, depending on the ins and outs of the situation, be a claim for damages (ie the reasonable out of pocket expenses incurred by the last minute postponement of the sale). The solicitor can both assess whether there is a legal basis for a claim and who it should
  9. Hi Justin, I can't see that anyone else has replied to this question, although you have probably already found the answer by now. If not, I believe that the defendant now has 28 days to pay you for the debt before the CCJ is registered against them. If no payment is made you have the option to enforce the judgement in a number of ways. In the case you describe I believe you would be looking at applying for a Third Party Debt order. The court will make an order for the TDS to pay the deposit money directly to you. This link http://www.aboutsmallclaims.co.uk/county-co
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