Absolutely incompetent agents

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    #31
    ok, for arguments sake lets suppose my ex co-operates. no being funny her spousal maintence depends on me having no housing cost to pay which i wouldnt if i moved back in..so its in her interest.

    what do i need to do if i had to start over..? the TA is titled
    Assured shorthold tenancy - under part I of housing act 1988 as amended under part iii of the housing act 1996. Dated 18/04/2006. for a fixed period of 6 months.
    no further TA's have been issued or agreed, rent hasnt changed, nothing.
    how can i get the tenant out legally if i had to re-start the whole process?

    in the TA I have just read:

    4. The landlord is the person, or persons stated, or any other person entitled to possession if the tenancy were to end.

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      #32
      If you are the sole registered proprietor, just notify T of this [s.3 of LTA 1985] and you can proceed (in sole name) to serve Notice under s.21 of HA 1988- you might even do both at once (saving 30p postage).
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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        #33
        My advice = Thank the agents for doing a great job, and ask them to please find somewhere for your tenant soon.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #34
          ta everyone.

          agency called and confirmed they have found him a place for the 30th. fingers crossed.

          Comment


            #35
            Originally posted by eyes on horizon View Post
            ok, for arguments sake lets suppose my ex co-operates. no being funny her spousal maintence depends on me having no housing cost to pay which i wouldnt if i moved back in..so its in her interest.
            If your ex-wife is no longer one of the registered owners on the title, then she can't pretend she still is/pretend she's still one of the landlords.

            Do what Jeffrey suggests and serve both notices.

            The s.21(4)(a) if served before 18th November, would expire 'after 17th January 2011'.

            Great, if T leaves on the 30th, but he may not, so cover yourself.

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              #36
              Thanks, will do both at the same time just in case. if i find the agency served notice correctly can i still initiate court proceedings on november 17th or does my new notice 'void' the old one???
              sorry if these are daft questions but i already owe buckets in sols fees so if i can avoid having to consult another one about property law

              also, the agency confirmed they hold the deposit. this is pre-scheme. Can i request that they release the deposit to me so I can do the inventory check out? not that there is a copy of the inventory, but i am hoping hte tenant kept his copy. even so, if there is no MAJOR damage then i will just as a last resort withold the o/s rent. i am worried given the agents are matey with my ex wife this may be another way for me to get stuffed up and i am nervous they hold it. its pre-scheme.

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                #37
                Originally posted by eyes on horizon View Post
                Thanks, will do both at the same time just in case. if i find the agency served notice correctly can i still initiate court proceedings on november 17th or does my new notice 'void' the old one???
                Expiry date aside, if the s.21 was served after you became the sole owner/landlord, then unless the agent also served notice under s.3 of LTA 1985, it'll be invalid. No, I don't think the new notice would invalidate the old notice - it's either valid or not.

                also, the agency confirmed they hold the deposit. this is pre-scheme. Can i request that they release the deposit to me so I can do the inventory check out? not that there is a copy of the inventory, but i am hoping hte tenant kept his copy.
                You'll be lucky if the tenant agrees to give you his copy, thereby helping you to prove he's caused damage. As the tenancy began four and half years ago, the wear and tear is likely to be significant, anyway - and T is not liable for fair wear and tear.

                Yes, you can ask the agent to give you the deposit, but I don't see how this will enable you to carry out an inventory check-out?

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                  #38
                  ok, that clears it up. i will serve both notices tomorrow on the tenant, recorded delivery.

                  its not that i want to do the inventory per see, i would actually prefer the agency to do it. and yes i do realise there will be wear and tear, being a tenant now myself for the last 3 years. what i am worreid about is that the agent (who is mates with my ex wife) will say its all fine and dandy and then release the deposit, only for me to get in there and realise its not. if the old TA has both my ex and my name on in order to release do we both have to ok it or does the notification that i am now the sole owner allow just me to ok the release? or can the agency release it without me saying ok?? i would have thought not being a tenant in similar circumstances. again apologies if these are daft questions so far you all have been a great help.

                  Comment


                    #39
                    Originally posted by eyes on horizon View Post
                    ok, that clears it up. i will serve both notices tomorrow on the tenant, recorded delivery.
                    Don't use signed-for services, as letters may be refused by the recipient or go undelivered. Post duplicate notices from two different post offices, and obtain a *free* certificate of posting from each PO.

                    what i am worreid about is that the agent (who is mates with my ex wife) will say its all fine and dandy and then release the deposit, only for me to get in there and realise its not.
                    Why not contact the tenant and ask if you can carry out an inspection.

                    if the old TA has both my ex and my name on in order to release do we both have to ok it or does the notification that i am now the sole owner allow just me to ok the release?
                    Apart from providing a Letter of Authority to T confirming the transfer, the ex-landlord has no further involvement in the tenancy. It's possible this letter must be sent to T before you can serve the notices. Wait for Jeffrey to advise.

                    or can the agency release it without me saying ok??
                    The agent acts on behalf of the LL, and cannot act without instructions from the LL. Which isn't to say the agent may not take it into his head to hand back the deposit without checking with you first. It's also unclear, as there is no written contract between you and agent, what the agent's precise role in all this is - I mean, are you paying them? Are they collecting rent or managing the property on your behalf?

                    Comment


                      #40
                      Originally posted by westminster View Post
                      Don't use signed-for services, as letters may be refused by the recipient or go undelivered. Post duplicate notices from two different post offices, and obtain a *free* certificate of posting from each PO.


                      Why not contact the tenant and ask if you can carry out an inspection.


                      Apart from providing a Letter of Authority to T confirming the transfer, the ex-landlord has no further involvement in the tenancy. It's possible this letter must be sent to T before you can serve the notices. Wait for Jeffrey to advise.


                      The agent acts on behalf of the LL, and cannot act without instructions from the LL. Which isn't to say the agent may not take it into his head to hand back the deposit without checking with you first. It's also unclear, as there is no written contract between you and agent, what the agent's precise role in all this is - I mean, are you paying them? Are they collecting rent or managing the property on your behalf?
                      Is this new landlord not entitled to be there during the inspection even if the agents are undertaking the same? That way, he will know whether the property is appropriately left and won't have to worry that the deposit will be returned and he will be left with a mess.

                      i'm jeffrey and snorkerz biggest fan!!

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                        #41
                        thanks everyone. i suppose i will wait until next weekend, and see if he vacates. i have written a letter confirming to the agents not to realease the deposit until rent is paid and i have had a chance to look at the property.
                        i have also asked them to forward me a copy of hte notice they sent.
                        if i do need to issue new notice, new TA i will do so monday 1st.

                        oh the agency has no formal contract, however they manage/collect the rent. this as i said was a verbal agreement between my exwife and them. first thing i asked them as i wanted to ensure i terminated this appropriately surprised they didnt have anything on paper.

                        Comment


                          #42
                          Originally posted by eyes on horizon View Post
                          if i do need to issue new notice, new TA i will do so monday 1st.
                          You do NOT need to issue a new tenancy agreement. The terms of the expired agreement carry through to the periodic tenancy; all that needs to happen is for the tenant to be officially notified of the change of landlord.

                          If you renewed the fixed term, you would not be able to use s.21 procedure to evict before the end of the new fixed term, nor, in any case, can you force T to sign a new contract.

                          Comment


                            #43
                            thanks guys.

                            well letting agents did in fact, serve notice correctly, AND informed the tenant in writing that I am now the sole landlord at the same time.
                            so everythign appears above board.
                            deposit was pre 2007, and as the TA was never renewed/rolled over to SPT am I able to use the accelrated procedure or do I have to stick with the old one?
                            I am giving him till midnight saturday and if hes now out I am down the court on monday with application for possession, just need to know what form to use?

                            I will eat my words the agents dont seem as flaky as previously thought! they have also confirmed rent will be paid etc;

                            Comment


                              #44
                              damage and no deposit

                              Right, I got my tenant out yesterday without a possesion order but i now find myself in a spot and need some advice.

                              basically house was left in a state. rubbish everywhere, needs to be cleaned professionaly, plasterwork damage etc;
                              The TA says there is a £650 deposit, this was also confirmed by the agency in 2 letters.

                              When one of the agents came round this afternoon he says he thinks there may have been an informal agreement about the deposit and my ex wife (who trnx title deeds to me in divorce) agreed to NOT charge a deposit (she must have been insane but thats a known fact)
                              Where do i stand legally? TA says deposit, 2 letters confirm deposit held my agency (pre scheme) and there is essentially £650-800 worth of repairs to be done before I can even begin redecorating. I am not speaking to my ex wife about this so thats not an option.

                              NB-Tenant is on HB so pretty certain I wont get anywhere with small claims from him direct but quite peeved as the house WAS lovely when he moved in and he has not taken care of it whatesoever. He also owes 16 days additional rent which I have been told has to be claimed from the agency.

                              Comment


                                #45
                                Originally posted by eyes on horizon View Post
                                NB-Tenant is on HB so pretty certain I wont get anywhere with small claims from him direct
                                Well, the T is the only one who is liable. Are you suggesting that you think the agent is lying about not holding the deposit, and are considering claiming against them?

                                He also owes 16 days additional rent which I have been told has to be claimed from the agency.
                                Who told you this? Again, T is the person liable for any unpaid rent.

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