Hello all,
Following on from my previous thread, I am now looking to produce a Tort Notice - templates are scarce that I can find, cannot find any on here or on the RLA
I am looking to issue a Notice to Impose Obligation to Collect Goods, and from reading up on it I am an involuntary bailee therefore I only have to comply with what is reasonable before disposing of the goods
It often mentions on sites that you should also send a Notice of Intention to Sell Goods at the same time as the above, does this always need to be the case? I don't consider the items to have any real second hand value or that it is worth the effort to try and sell. They are only really valuable to my tenants as they will have to buy new if they are disposed of
I'm intending to give 2 weeks notice, there has already been discussions about the goods by email with the ex tenant.
Does anyone have a particular template they like to use? I notice I am required to add an inventory also of the items that have been left which is fine
All the items have been removed from the property that the tenant surrendered, and are now in storage
Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England
Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? Sole Tenant
Q3 – What date did current TA start dd/mm/yy? 28/09/18
Q4 – How long was initial fixed term (6/12/24 months / other)? 6
Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)? Monthly (27th)
Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)? Yes (28/09/18)
Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy). N/A
Q8 – Does the landlord live in the same property as the tenant? No
Tort Notice
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by jpucng62As soon as he is in arrears do a MCOL and if he won't pay get a CCJ against him - that will make his next property harder to obtain.
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Channel: Residential Letting Questions
20-04-2021, 06:20 AM -
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by JeremystAST tenant has completed tenancy but has refused to move out. Today he proposed to pay 1/3rd of most recent rent per month for 3 months then leave.
If I were to agree what paperwork (contract?) do I have to have in place? If I agreed to his proposal what rights would he have as a tenant during...-
Channel: Residential Letting Questions
19-04-2021, 21:49 PM -
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Reply to Evacuation of Tenantby nukecadJust to note that you should only deduct their usual rent for the period they were in the alternative accommodation, even if it cost you more than that. (If it cost you less then you win a bit).
ie. They should only pay their normal rent, you or your insurance should cover any extra. (That's...-
Channel: Residential Letting Questions
20-04-2021, 05:45 AM -
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by berrahriThere was a landslide and my Tenant had to be evacuated. They cannot return because access to the property is not safe.
They had been reasonably okay Tenants, but as soon as this event occured they have treated me like the enemy! Everything I have advised appears to have been treated with suspicion...-
Channel: Residential Letting Questions
19-04-2021, 00:23 AM -
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by Jon66Jeremy you need to go and take some landlord training. You will find it most helpful because you clearly don't understand the statutory framework around which you are doing business and that's not a good idea.
The tenant is perfectly entitled to remain in the property after the fixed term...-
Channel: Residential Letting Questions
20-04-2021, 01:28 AM -
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by Jon66Service is governed by the CPR and practice directions. Easy to look up if you Google CPR rules. I think its 6. It is perfectly ok to hand deliver making a note of date and time and confirming this in a sworn witness statement, although I also get a photo too where possible. Otherwise through the post...
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Channel: Residential Letting Questions
20-04-2021, 01:20 AM -
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by Madmax86Hi all
First time serving a section 21 notice.
Been reading online and seems to be mixed responses about the best way to serve it.
I initially thought recorded or special delivery would be the best as it is tracked however if it's not received it can be deemed...-
Channel: Residential Letting Questions
19-04-2021, 17:42 PM -
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Reply to Evacuation of Tenantby berrahriThank you for your response, we have already settled the Deposit and I will now propose as you suggest with the rent return, deducting the alt accommodation cost. Hopefully they will accept and we can move on.
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Channel: Residential Letting Questions
19-04-2021, 23:36 PM -
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Reply to Evacuation of Tenantby Jon66It's a civil matter. If your tenants were unable to remain in the property the usual position, unless the TA says you will provide alternative accommodation, is that the contract is frustrated and void from that point. The right thing to do is to refund the monies either from the date at which they...
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Channel: Residential Letting Questions
19-04-2021, 23:15 PM -
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HOW has tenancy ended? Notice from tenant or court order?
A fixed term tenancy is always, if tenant remains, followed by an ongoing, rolling, periodic tenancy. Thatcher's 1988 Housing Act says so.
Or have I misunderstood (again) ?-
Channel: Residential Letting Questions
19-04-2021, 22:21 PM -