Non assured tenancy

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    #16
    Thank you for all your comments everyone. Very helpful. I need to respond to the notice I have received from the tenant. Can anyone advise on next steps please - either send a response directly or through a solicitor? There will be costs associated if I go through a solicitor, is it worth a shot to send a response by myself first.

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      #17
      Originally posted by Purple80 View Post
      The contract is with an individual and the contract does state that I will protect the money with DPS. However, I failed to do so. It was not intentional and I am happy to pay the deposit back but not adding 3x of it.
      If you let a property to a person, and they lived in it, you’re going to have an interesting time showing it wasn’t an AST.
      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).

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        #18
        Thank you for your response. I think we have already proved its a non-AST. It clearly states on the agreement itself. I know where the guy lives and he was using the apartment for his corporate clients as serviced accommodation.

        So you are saying that they will still try to claim it was an AST and hence, I am liable to 3 x deposit?

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          #19
          Whether it is or it's not a tenancy are pretty much determined by fact, and not what you call in on paper. And if it's a tenancy, and not one that cannot be assured, then it'll be AST by default since 1997. If the agreement states that the occupation is not shorthold, then they even have an assured tenancy which means no no-fault eviction.

          We can't speak for your tenant, whether he sees it as simple breach of contract, or whether he'll claim AST penalty.

          Go talk to a specialist solicitor.
          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.

          I do not answer questions through private messages which should be posted publicly on the forum.

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            #20
            I would try telling the tenant that as he wasn't living there it isn't an AST and there is no requirement to protect the deposit. If he comes back with an LBA or No Win No Fee lawyer's letter then consult a specialist solicitor.

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              #21
              Originally posted by KTC View Post
              And if it's a tenancy, and not one that cannot be assured, then it'll be AST by default since 1997.
              Only if the tenancy meets the requirements, of course. ASTs are not the default tenancy.

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                #22
                Well yes, the "and not one that cannot be assured" was pretty much my way of covering the exception. It is if we are talking about residential tenancy in England and for a little while longer Wales.
                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.

                I do not answer questions through private messages which should be posted publicly on the forum.

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                  #23
                  What will be the best way to respond to the tenant then? Should I do it myself or employ a solicitor right away? Thanks

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                    #24
                    As I say, if it were me I would write back to them myself in the first instance and only appoint a solicitor if they escalate the issue to that level first.

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                      #25
                      Thanks. However, i have received a notice from the tenant's solicitor. .

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                        #26
                        Originally posted by Purple80 View Post
                        Thank you for your response. I think we have already proved its a non-AST. It clearly states on the agreement itself. I know where the guy lives and he was using the apartment for his corporate clients as serviced accommodation.

                        So you are saying that they will still try to claim it was an AST and hence, I am liable to 3 x deposit?
                        You need to look up the case "Street v Mountford" - see
                        https://en.wikipedia.org/wiki/Street_v_Mountford
                        - and, in particular, that just saying something is one thing doesn't make it so: To quote my Lord Templeman, in that case.....
                        The manufacture of a five pronged implement for manual digging results in a fork even if the manufacturer, unfamiliar with the English language, insists that he intended to make and has made a spade.
                        The paperwork saying it ain;t an AST doesn't make it so

                        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...

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                          #27
                          Don't take a deposit, irrespective of presumed type of T., just increase rent by 10% pcm to compensate for no deposit reqd?

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                            #28
                            Originally posted by Purple80 View Post
                            Thanks. However, i have received a notice from the tenant's solicitor. .
                            And what did that letter say they're planning to do if you don't do whatever it is they want you to do?
                            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.

                            I do not answer questions through private messages which should be posted publicly on the forum.

                            Comment


                              #29
                              Thank you for the responses. KTC, the letter says that if I dont do what they want me to do, they will start legal proceedings.

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