Eviction advice

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    #16
    It's often not the rent that's the issue. It can be the animosity should something need repairing, or if damage occurs. How will your sister feel if you want to keep money from their deposit? Would you retain money if you feel they have not cleaned the place as they should.

    Will they feel that you are judging them if you pop round for a visit and effectively doing an inspection of the place?

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      #17
      Originally posted by Propertygoesup View Post
      my sister and family have been served notice and must be out by end January.
      Not quite true.

      A S21 notice gives the earliest date at which LL can start legal proceedings for possession.

      If you are willing to let to them, then she could advise LL that she has secured a place to go, but it is subject to current (non-paying) tenant being evicted, and asking for more time.

      It is also worth checking that her notice is valid.

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        #18
        Hi all
        Ive waited for solicitors advice , they have said due to 2018 deregulation act that I need to comply with all the requirements , whether the tenancy started before Oct 2015 or not ( the flow chart suggested I didn't have to).
        The solicitor advise I need to get a new EPC and also copies of the how to rent book and gas safety and give to tenant with proof before a notice can be served.
        Obviously getting an EPC means arranging a day and time and also sending all these copies will alert tenant.
        I am unsure whether the solicitor is being over complicated covering all bases and delaying notice
        Can anyone advise based on this new info?
        I don't really trust the tenant due to not paying rent or keeping me informed etc so want to tick the boxes but I also need the property back asap.
        Would it be an incentive if I was to insinuate that I may waive outstanding rent if the notice date is complied with?
        Thanks for any replies

        Comment


          #19
          I have just done some research:
          https://www.anthonygold.co.uk/latest...-october-2018/
          this appears to suggest all the 3 documents aren't needed on AST before Oct 2015.
          This would agree with the flow chart which another poster provided a link to earlier.
          Is it possible the solicitor doesn't know this ?

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            #20
            Your solicitor is a half wit. Didn't I suggest Landlord Action a few weeks ago?

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              #21
              I think you're right jk0. well I am either going to use L.A. or just go down there with my dad and a 6a form and hand her the notice in person. I need to serve the notice next week at the latest.

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                #22
                Originally posted by Propertygoesup View Post
                Ive waited for solicitors advice , they have said due to 2018 deregulation act that I need to comply with all the requirements , whether the tenancy started before Oct 2015 or not ( the flow chart suggested I didn't have to).
                Tho solicitor is wrong.

                BUT this just shows that legal professionals do not necessarily fully understand the law, AND that can extend to judges too.

                The Deregulation Act 2015 does indeed now apply to all ASTs, BUT the requirements for these documents are not in the Act but in Regulations issued under provisions of the Act AND those regulations explicitly state that they apply only to tenancies that were granted after September 2015.

                I would point this out to the solicitor and ask them for a refund.

                UNLESS, of course, you have granted a new fixed term tenancy since September 2015 (you have neither confirmed nor denied that this is the case).

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                  #23
                  Thanks mdeb
                  I haven't paid solicitor anything yet.
                  Lost faith in them after this confusion.
                  Have not given any fixed term since July 2015.
                  Flat is 2 minutes down the road.
                  Do I employ landlord action or just hand post / post 1st class with proof 2x 6a forms?
                  Is section 8 needed as rent is behind or is 6a sufficient.
                  Thanks
                  ​​​​​​​

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                    #24
                    Please see my attached photo, on landlord action info form they say all tenancies are subject to the deregulation act.

                    Comment


                      #25
                      They're just erring on the side of caution in what is a standard form.

                      However, there is a conflict between the Deregulation Act 2015 itself and the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 - which was intended (I think) to simply lay out which documents were those referenced in parts of the Deregulation Act, but also included a note on time scales which differs from the original Act.

                      There are two conflicting interpretations about how to prioritise the conflicts - the later legislation is intended to alter the previous legislation and the idea that a Statutory Instrument shouldn't amend its parent act more than it is meant to.

                      And the contents themselves don't help.

                      You can't possibly have given the "How to Rent" booklet because it didn't exist and it has to be the version contemporary with the start of the tenancy. So that supports the view that the SI prevails.

                      The wording about the Gas Safety Certificate and the EPC is equally hard to reconcile, but providing both of those documents to the tenant was obligatory anyway (the deregulation act simply linked them to the ability to use a s21 notice). So compliance isn't a new requirement, so does the Act

                      Just complete the form honestly and see what Landlord Action say.

                      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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                        #26
                        JP cheers . I will do as you say. I hoped LA may know a little more detail than the local solicitor. We will find out soon. I just feel it's crazy that I must provide all these documents to the tenant and prove somehow that they have received them. I understand the gas safety , which I have always left a copy at the property ( but how can I prove this?). Whyever should I provide a booklet of " how to rent " though.? Surely that's up to the tenant to find and read themselves If they are new to renting? And an EPC again isn't it up to the tenant to ask for this if they are interested? I do believe I left a valid copy at the property when she moved in but again I can't prove this. So to prove she has a copy I must print it out and send it with proof. Is it me or is all this in the tenants favour? All I want is my property which I own and mortgage back in 2 months. The rent is 2300 behind now why should T have any rights when they can't even pay the rent!!!

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                          #27
                          Regarding the EPC it wouldn't be a massive problem if I could just print and send it again, but it's expired 2 weeks ago so it means I would have to arrange a visit from somebody to do a new one and when you have a T like mine that isn't easy. Especially when she knows a s21 is coming, she won't even reply to messages unless she wants something. Not very courteous at all.

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                            #28
                            Originally posted by Propertygoesup View Post
                            Regarding the EPC it wouldn't be a massive problem if I could just print and send it again, but it's expired 2 weeks ago so it means I would have to arrange a visit from somebody to do a new one and when you have a T like mine that isn't easy. Especially when she knows a s21 is coming, she won't even reply to messages unless she wants something. Not very courteous at all.
                            I wouldn't worry about that. You only have to send one current on the date the tenancy starts.

                            Comment


                              #29
                              That's good news if correct jk0 I am just a bit peeved at the thought of trying to arrange a new EPC with an un cooperative tenant . I will see what L.A say in the next day or two. Cheers.

                              Comment


                                #30
                                Most tenants will not pick up calls, when they are in arrears, also they won't tell you about that water leak. So a minor water leak, will turn into a big issue.

                                Send her a letter, that a new EPC is due and that the surveyor will call her. She might take a call from someone else.

                                There are some landlords who know he eviction process well and can take it all the way to court. However, if you muck something up, then you have wasted your court fees....




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