Absolutely incompetent agents

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  • mind the gap
    replied
    Originally posted by jeffrey View Post
    More or less, yes: why are you blaming them for the fact that you did not know that your T did not intend to vacate on 18th?
    Neither more nor less, but not at all.

    The fact that OP seems under the impression that Ts must leave when notice expires (and that he blames the agent for not telling him that Ts did not intend to) does not mean that I implied that they had to leave. It is clear from the other things I have written in this thread - from #2 onwards - that I do not think that. Nitpicking other people's posts yet again - please stop it.

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  • eyes on horizon
    replied
    Ok so notice to end tenancy has been issued incorrectly then?
    Does this mean I can not start court proceedings until November 17th (in the event the tenant stays put)? Or do I now have to re-issue a fresh notice? I guess the starting point would be requesting a copy of the notice letter sent by the agency as they confirmed verbally they did this.
    If he does leave on the 30th, he still owes me rent from the 18th October to the 30th, can I deduct from deposit?
    I still view all of this as a tenant, and to me I have to be out on November 4th, I wouldnt overstay even if it meant having to stay with relatives but I guess in theory I could just stay put! Thnaks for your advice.

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  • jeffrey
    replied
    Originally posted by eyes on horizon View Post
    Right, TA is actually dated 18/04/2006. My letter to the letting agents asks for them to give two months notice as of August 17th 2010. Was this incorrect as I asked advice of another agency if this was correct procedure.
    I essentially gave notice as soon as I got a copy of the TA thru from the agents so no I couldnt have given any notice sooner.
    As you have now changed the story, this changes my post #7. I'd reword it as follows:

    1. The absence of a written/signed AST is irrelevant. The fixed term expired on (= at end of) 6 April 2007.
    2. If rent was due monthly during it, T acquired a Statutory Periodic Tenancy (SPT) of which the first month began on 18 April 2007.
    3. A fresh SPT begins monthly, each on 18th of month.
    4. Your s.21(4)(a) Notice on 18 August 2010 is nevertheless probably invalid; it cannot demand possession on 18 October.
    5. Instead, its date should have been 'after 17 November 2010': the first SPT-end date that follows at least two months from Notice service.

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  • jeffrey
    replied
    Originally posted by mind the gap View Post
    Did I said he did?
    More or less, yes: why are you blaming them for the fact that you did not know that your T did not intend to vacate on 18th?

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  • eyes on horizon
    replied
    As stated above ALL of this was dealt with by my now ex wife. I know nothing about residential lettings hence why I am here. I aqquired a property in my divorce with a tenant in it, and I need to move back into that property. I want the tenant out and gave them two months notice, served on the agency as per the tenancy agreement states 'notice by either parties to be served at BLAH & BLAH. They have known the tenant wasnt going to be able to move out, and they have known for weeks. I would have thought they would have passed that info on to me, as the landlord. they were also paying the rent to my exwife up until last month, albeit with a fee deducted. I believe that this was all done via verbal agreement by my exwife as i said she is MATES with one of the agents. I am trying to do everyting legally and on paper. So i need to know if I have served the notice incorrectly for a start, the rent was payable on the 18th of each month. If the tenant stays until the 30th of october then can i deduct rent from his deposit??

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  • mind the gap
    replied
    Originally posted by eyes on horizon View Post
    Right, TA is actually dated 18/04/2006. My letter to the letting agents asks for them to give two months notice as of August 17th 2010. Was this incorrect as I asked advice of another agency if this was correct procedure.
    I essentially gave notice as soon as I got a copy of the TA thru from the agents so no I couldnt have given any notice sooner.
    It sounds correct, if tenancy runs from 18th-17th of the month; however, you are assuming that just because you have served notice, the T is obliged to move out. That is not the case, as explained above.

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  • eyes on horizon
    replied
    Right, TA is actually dated 18/04/2006. My letter to the letting agents asks for them to give two months notice as of August 17th 2010. Was this incorrect as I asked advice of another agency if this was correct procedure.
    I essentially gave notice as soon as I got a copy of the TA thru from the agents so no I couldnt have given any notice sooner.

    Leave a comment:


  • mind the gap
    replied
    Originally posted by jeffrey View Post
    T did not have to vacate on that date, of course.
    Did I said he did?

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  • jeffrey
    replied
    Originally posted by mind the gap View Post
    If you have no contract with the agency why are they involved at all and why are you blaming them for the fact that you did not know that your T did not intend to vacate on 18th?
    T did not have to vacate on that date, of course.

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  • mind the gap
    replied
    If you have no contract with the agency why are they involved at all and why are you blaming them for the fact that you did not know that your T did not intend to vacate on 18th?

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  • jeffrey
    replied
    Originally posted by eyes on horizon View Post
    The tenancy started on April 7 2006 for one year. The tenancy agreement is unsigned by the tenant, the agency, and neither my wife nor I.
    It rolled on month to month since then.
    I accquired the property in June this year thru divorce proceedings via title deed transfer TR1 (my exwife dealt with the property I had no involvement other than being on deed) It has taken me up to August to get any information from the letting agency, complicates that my exwife is best mates with one of the agents.
    There is no contract with the agency.
    Tenant was served S21 on August 18 to vacate october 18
    1. The absence of a written/signed AST is irrelevant. The fixed term expired on (= at end of) 6 April 2007.
    2. If rent was due monthly during it, T acquired a Statutory Periodic Tenancy (SPT) of which the first month began on 7 April 2007.
    3. A fresh SPT begins monthly, each on 7th of month.
    4. Your s.21(4)(a) Notice on 18 August 2010 is therefore invalid; it cannot demand possession on 18 October.
    5. Instead, its date should have been 'after 6 November 2010': the first SPT-end date that follows at least two months from Notice service.

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  • property mongrel
    replied
    I am still struggling to see what the agency have done so badly wrong here?

    When was the effective date that the T could have been served with their 2 months notice and when would their last date of tenancy have been? Are you claiming that the LA could have and should have acted sooner than they have done? No matter how fast the LA had acted when you instructed them it would not force T out on the date you want.

    When did you realise that you would want the property for your own use? Could you in hindsight have given the LA and the T more notice?

    pm

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  • eyes on horizon
    replied
    The tenancy started on April 7 2006 for one year. The tenancy agreement is unsigned by the tenant, the agency, and neither my wife nor I.
    It rolled on month to month since then.
    I accquired the property in June this year thru divorce proceedings via title deed transfer TR1 (my exwife dealt with the property I had no involvement other than being on deed) It has taken me up to August to get any information from the letting agency, complicates that my exwife is best mates with one of the agents.
    There is no contract with the agency.
    Tenant was served S21 on August 18 to vacate october 18

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  • jeffrey
    replied
    Please state:
    a. on what date the term began;
    b. the length of the term granted; and
    c. on what date T will actually vacate (he says!)

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  • eyes on horizon
    replied
    No, I understand he doesnt have to leave until I gain a possessin order thats fine, and I dont blame the tenant. What irritates me is that the agency knew about this for weeks. I am not optimistic he is going to leave on the 30th, and not holding my breath that the extra rent is going to be paid. Can I withhold this from the deposit if its pre-scheme? I would have assumed so.

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