Good morning
A tenant who has just moved out of one of our flats has asked for us to give him a breakdown of monies that he paid to our agency when we moved into the property in September 2011. We have changed our database back in 2013, and we do not have any historical information before this point. As this person has moved out and replaced himself on the tenancy, the tenants are working out between themselves as to what his share of the deposit is, but we received the whole amount of the deposit.
Over the course of the tenancy, there have been many many changes of tenant during that time, and this tenant has been an ever present in the property.
I'm of the understanding that we do not have to keep record of tenancies older than 24 months, expect for AST's, deposit certs and any other documentation that might be useful, invoices and such? Tenants payment information isn't something that we have to keep, since there where never any financial arrears in the proeprty?
Can anyone offer a point of view on this please?
Many thanks.
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How long should you keep tenants rent paying history for?
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How exactly have you dealt with that. Individual tenants can't just change during a tenancy. You either have to end the tenancy and begin a new one with the new group or have some sort of deed of assignment between tenants. Otherwise all the tenants who have left are surely still legally responsible for the rent and property? If this is what's happened then I'm not surprised you are now having problems sorting out shares of the deposit. As far as I am aware, they can each claim whatever deposit they paid back from you the Agent!Originally posted by MarkPropertyManager View Post -
Thank him kindly for his request but state you are unable to do so.Originally posted by MarkPropertyManager View Post
IF (sounds like he hasn't yet) he makes a "subject access request"
https://ico.org.uk/for-organisations...ccess-request/
then you obviously have to give him all info related to him that you have.
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As far as I can work out this tenant has a dispute with his co-tenants as to how a deposit refund should be dealt with.
This was presumably a joint tenancy (in other words he was not named on his own private contract for his own room), -- so there is just a single tenant (i.e. the joint tenant) -- but you or the agent ran a botched bad procedure that allowed the "tenant" to transmute during that time (not good at all).
It is not up to the landlord to have anything at all to do with how a tenant distributes a deposit within itself. There is only one deposit and one tenant. However YOU have done something odd, creating a stick for backs.Leave a comment:
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For HMRC records, no less than six years. For former tenants with no (known dispute), no less than six years. For current tenants, regardless of how long they've been there, I can't see any harm in maintaining records throughout the duration of the tenancy. Unless you are dealing with thousands of paper records, it doesn't take much to keep a file of everything you've done (digital or hard copy). Certainly supports any future dispute and demonstrates to a judge how things have panned out during the tenancy overall.Leave a comment:
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Keep last complete 6 tax years financial records (in case of HMRC investigation). Back up records annually to separate disc or pen drive.Leave a comment:
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I would keep every piece of paperwork (personal or business) for the longer of:
-six years
-until the agreement ends
Bank statements I advise never to dispose of.Leave a comment:
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Thank you, this was out conclusion as well, just wanted to see what other peoples stances are on the subject.Originally posted by Kape65 View PostLeave a comment:
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I'm not completely sure of the question, but you should keep records for tax reasons for up to six years for your own safety, beyond that I don't believe you need to keep anything. I've kept everything for the past 20 years but then I'm a terrible hoarder!Leave a comment:
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So my landlord seems to be very ignorant of the law, and in particular; section 48 which states a landlord must provide a tenant with an address in england and wales to which the tenant can serve notices. And if they fail to do this, the tenant can withhold rent. The one the landlord has given us (and...24-05-2019, 10:28 AM
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Is the landlord a UK person working abroad, or basically a foreign person? Using the property address service may end up with a CCJ by default, but with no real impact on the landlord.
On the other hand, if the landlord wants the rent, they are going to have to provide a UK address to...24-05-2019, 14:15 PM -
So we have a terraced property we're finding hard to let. Twice we've had applicants pass referencing and give us a move in date. However, before they could sign the AST, in the process of going back to check out the street, they've been approached by a neighbour who has persuaded them not to take up...24-05-2019, 13:52 PM
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Sorry to post about another rent arrears.
I'll keep it short as possible, but please feel free to ask questions if I've left some important stuff out.
My NEW tenant is to-date in his 5th month of a 6 month AST contract. It was agreed it will be a periodic tenancy thereafter....22-02-2017, 15:32 PM -
Reply to Rent arrearsUpdate....No surprise, but he never turned up to court for questioning.
The court have told me a judge will look at the case and decide what the next step will be.24-05-2019, 13:39 PM -
The tenant wants to renew the tenancy for a further fixed term of 3 years (with a break-clause). The current tenancy agreement has some special terms (e.g. the T can remove certain items of furniture but will have to replace them with like-for-like furniture at the end of the tenancy).
...24-05-2019, 13:31 PM -
Then you should be able to use that address if you need to go legal.
If you want the landlord to know what's happening, you could copy things to the overseas address that you have, if you think you'd be better off with the landlord not knowing what's happening, don't.
You've made...24-05-2019, 12:37 PM -
Many thanks for your response as always
The land registry has a "Registered Owner(s)" field with the address being the same address we are renting....24-05-2019, 11:47 AM -
Emails are almost certainly reliable in court and count as being "in writing".
So I wouldn't rely on that.
A future address doesn't satisfy the requirement.
The rent becomes payable when the information is given.
I've never heard of a case that...24-05-2019, 11:36 AM
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