How to properly end Periodic Tenancy

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    The rolling tenancy is now from 4 years ago - thought I read somewhere that it was not legally binding then to have to have DPS & GSC ?
    cheers

    Comment


      #17
      Originally posted by Danlaur View Post
      The rolling tenancy is now from 4 years ago - thought I read somewhere that it was not legally binding then to have to have DPS & GSC ?
      If you did read that, it was wrong.

      The requirements relating to deposits and s21 notices haven't changed that much in 14 years and apply here.
      You would need to return the tenant's deposit (perhaps by agreeing to use it to clear some of the arrears) before you can serve a valid s21 notice.

      The need for a valid GSC is more recent and doesn't apply to this tenancy.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #18
        Not what i wanted to hear, but Thank you.

        would same apply serving section 8 ?

        (considering section 10 & 11) As not yet 2 months rent owed

        Or would you serve both ?
        kind regards

        Comment


          #19
          It is for LL to decide/arrange GSC (if reqd), not the T.
          Has OP done ANY LL training?
          The potential fines are escalating..

          Comment


            #20
            Originally posted by mariner View Post
            It is for LL to decide/arrange GSC (if reqd), not the T.

            Has OP done ANY LL training?

            The potential fines are escalating..
            Tonality can be difficult to read... I hope this was sincere and not meant to be condescending...

            I believe I am a very good landlord - I always try to do the right thing & act in the best interests of my tenants... (despite my obvious lack of training)

            I have sent several texts to tenant to contact gas company for mutually convenient time. They have always done it in the past. I believe this will exonerate me & show to HSE that I have tried to do my best.

            I will follow up with a personal visit Monday.


            Comment


              #21
              There's no restriction on s8 because of late deposit protection.
              If the tenant raises it, it's possible the judge will order the deposit be returned (and award a fine) to offset the arrears.

              You need to return the deposit to the tenant - judges don't like delinquent landlords, and it makes you look bad.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #22
                Originally posted by Danlaur View Post

                Tonality can be difficult to read... I hope this was sincere and not meant to be condescending...

                I believe I am a very good landlord - I always try to do the right thing & act in the best interests of my tenants... (despite my obvious lack of training)

                I have sent several texts to tenant to contact gas company for mutually convenient time. They have always done it in the past. I believe this will exonerate me & show to HSE that I have tried to do my best.

                I will follow up with a personal visit Monday.

                I can't speak for anyone else but when I started I too thought I was a "good" landlord etc etc: Made terrible, painful, expensive, long-drawn out mistakes: I then resolved to learn: Still make mistakes, still learning: Not losing so much money now....

                Your txts to tenant will not help with HSE. Landlords can & have been fined and/or gone to jail for failing to comply with Gas safety law (quite right IMHO). The only, I understand, secure way of not having a GSC but being OK (with HSE) is if you have a paper trail of arranging (yourself..eg letter and/or emails) an engineer visit & you supervising, are then refused by tenant, do that 3 times. You could then go for a court injunction to get you access (some housing associations I know do this..) It is beyond me why landlords fail to comply with the well understood law: Apart from anything else quite likely if there were a problem (eg explosion) insurance might well not, understandably, pay out.

                But that wouldn't make any s21 valid if it needed a GSC.
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #23
                  Originally posted by Danlaur View Post
                  I have sent several texts to tenant to contact gas company for mutually convenient time. They have always done it in the past. I believe this will exonerate me & show to HSE that I have tried to do my best.
                  "Can I delegate responsibility to tenants for maintenance and gas safety checks?

                  No, except that a contract may be drawn up between a landlord or tenant for an appliance or flue installed in a non-residential part of a premises, for example shops and public houses. Your tenant has a duty not to use an appliance they believe to be dangerous. Further, a tenancy agreement, such as a full repairing and insuring lease, cannot be used to transfer these responsibilities to a tenant."

                  "How far do I need to go if the tenant prevents access for a gas safety check?

                  A landlord has to show that they took all reasonable steps to comply with the law. HSE recommends the following best practice in these circumstances and strongly advises that a record be kept of all correspondence with the tenants:
                  * leave the tenant a notice stating that an attempt was made to complete the gas safety check and provide your contact details;
                  * write to the tenant explaining that a safety check is a legal requirement and that it is for the tenants own safety. Give the tenant the opportunity to arrange their own appointment;
                  * HSE inspectors will look for at least three attempts to complete the gas safety check, including the above suggestions; however the approach will need to be appropriate to each circumstance. It would ultimately be for a court to decide if the action taken was reasonable depending upon the individual circumstances.
                  * It is a good idea to include arrangements for access in the tenancy agreement."

                  http://www.hse.gov.uk/gas/domestic/faqlandlord.htm

                  I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                  Comment


                    #24
                    But can you imagine persuading the gas man to show up a second or third time, if he was not admitted previously?

                    Comment


                      #25
                      3 different gas men...
                      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                      Comment

                      Latest Activity

                      Collapse

                      Working...
                      X