Stupidly allowed tenant to occupy without Agreement

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

    Stupidly allowed tenant to occupy without Agreement

    My husbands tenant moved in to one of his propertys in July. We were going on holiday in 2 days, but they insisted to move in the next day. In short I totally forgot to send off the money for the TDS, and now T has moved out giving 2 days notice, and wanting 3 months money back "because they know the law!!". All of our other tenants have deposits in the TDS, it was just this one that slipped my mind ( school hols and all that ). I know its no excuse. I am not sure where to go from here? They have a 6 month AST, and left 2 months prior to end.

    #2
    whack it in the TDS now as the tenancy hasn't ended.
    this should work - check the RLA site for current judgements and results
    the law is a bit iffy here (Housing Act 2004 - what a dog's dinner!) but if you comply when they ask you too it minimises your 'offence' (sec 213/214 i think which can be interpreted in a variety of manners as to timing)
    let her sue you for it and counterclaim for the 2 months unpaid of the contract plus any damages
    this law infuriates me - when will we be able to charge 3x the rent if it is unpaid within 14 days or if they refuse to tell us of problems etc?
    has she given you her notice in writing?
    Last edited by sherifffatman; 09-12-2008, 14:08 PM. Reason: HA2004

    Comment


      #3
      She said she sent it 2 weeks ago. never knew a thing till she rang to say she would drop the keys off yesterday.

      Comment


        #4
        When did you (if at all) receive the notice?
        Was it sent registered post?
        These are all proof required in court should it get that far.
        I repeat - put it in the DPS now, send her the details and wait for her response.
        She is under contract to pay you for 6 months unless there is a break clause which should also stipulate the notice period.
        The agreement usually can only be terminated by mutual consent not a whim or because she has found somewhere cheaper and thinks she can make her next 3 month's rent out of you.
        Chin up

        Comment


          #5
          Have sent in the details. Thanks for the advise. To be honest was pooing myself because i hadn't told hubby the situation, and I am always the one who gets it wrong with the wrong person I'm jinxed!
          I think she is just trying it on anyway. I am not going to lose any sleep........yet. Thanks again

          Comment


            #6
            No worries mate
            It does seem a little OTT to be fined 3x the deposit for what is essentially an admin problem but hey ho - the govt knows best
            If we all stick together things are bound to go our way soon!
            Just remember to keep all the paperwork for everything and let her sort herself out.

            Comment


              #7
              What really annoys me about the TDS (insurance based scheme).... is that when a tenant accepts the property and you meet him/her to sign the contract, pay deposit etc... The next step is to protect the Deposit, with the insurance scheme you fill this over the internet. But when you print the certificate you have to go back to the tenant to get them to sign it.... which is a PAIN!!

              Comment


                #8
                Originally posted by rajeshk4u View Post
                What really annoys me about the TDS (insurance based scheme).... is that when a tenant accepts the property and you meet him/her to sign the contract, pay deposit etc... The next step is to protect the Deposit, with the insurance scheme you fill this over the internet. But when you print the certificate you have to go back to the tenant to get them to sign it.... which is a PAIN!!
                Yes, it would make more sense for tenant to signal acceptance/receipt or whatever electronically, via a protected ID, then TDS send LL verification of that.
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                  #9
                  What if the Tenant has not signed the TDS, because the T has just left and I have just registered it now?

                  Comment


                    #10
                    Originally posted by rajeshk4u View Post
                    What really annoys me about the TDS (insurance based scheme).... is that when a tenant accepts the property and you meet him/her to sign the contract, pay deposit etc... The next step is to protect the Deposit, with the insurance scheme you fill this over the internet. But when you print the certificate you have to go back to the tenant to get them to sign it.... which is a PAIN!!
                    Of course you will already have given your prospective tenant a copy of the tenancy agreement well before meeting them at the property to sign it on the day they move in?
                    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                    Comment


                      #11
                      Originally posted by Paul_f View Post
                      Of course you will already have given your prospective tenant a copy of the tenancy agreement well before meeting them at the property to sign it on the day they move in?
                      You seem to be inferring that rajesh may not have done that, although I'm baffled as to why you are mentioning it here, since it is nothing to do with the TDS issue.

                      Why did you ask him that?
                      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                      Comment


                        #12
                        for Paul f
                        Yes, the tenant has got a copy of all the paperwork, minus the TDS which is my fault totally. She knows she has broken the contract, but I think has read the article in our local newspaper last week abiut the TDS and what a tenant can claim up to.

                        Comment


                          #13
                          Originally posted by Paul_f View Post
                          Of course you will already have given your prospective tenant a copy of the tenancy agreement well before meeting them at the property to sign it on the day they move in?

                          Not often this happens in the real world, usually first dight of ast by T is when they sign it, IME more often then not, on the day they move in, unless they have specifically requested a copy prior.

                          The Rodent
                          A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                          W.Churchill

                          Comment


                            #14
                            It is not the AST, but the TDS that wasn't done.

                            Comment


                              #15
                              Originally posted by mind the gap View Post

                              Why did you ask him that?
                              I was wondering that as well, because it had nothing to do with the TDS issue raised by OP. I think I know what he's going to say though.....
                              Health Warning


                              I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                              All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X