Tenancy agreement renewal STA, help

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    Tenancy agreement renewal STA, help

    Thanks for looking.

    I rented my property last year with the help of a local letting agent for STA for 1 year. Letting agent took the commission for the year from the first and second month’s rent. He stopped paying me rent after 3rd month saying tenants are defaulters. It went on for 4 months that I didn’t get any monies from LA. One day, I spoke to tenants directly to find out the problem. To my utter shock and dismay, I found out that the tenant was paying rent but LA wasn’t passing on to me. Then I spoke to LA and he came back with all the rubbish excuses and accepted his fault and promised me to pay the rent. When I didn’t get money for 2 months, I complained to Ombudsman and they took my case. LA called me and requested me to take the compliant back and he will pay me all the dues and I can sort out the rent and agreement directly with the tenants. I took my compliant back and LS hasn’t paid me any money yet.



    Now the initial one year of the tenancy agreement is finished. Tenants are paying up rent on time. Can somebody please shed some light on the following questions?



    1. Do I need to draw a new contract with the tenant and myself and get it signed since the initial one is finished?

    2. I remember getting the gas safety check done before the house was given on rent. How long is it valid for? Do I need to get it done again after a year?

    3. Anything else, I am missing that I need to take care? Sorry, I am new to this and last year, LA might have got it done without my knowledge.

    4. Can I go back to Ombudsman after taking my initial complaint back to recover the money from LA?



    Thanks,

    Tim

    #2
    Yes. You need to get the gas check done asap.

    Your tenant is now on a periodic tenancy, you can leave it like that if you want.

    Why haven't you called the police in on this matter? The agent is thieving from you.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      Thanks for your prompt reply jta.

      1. Is it alright to leave the tenancy agreement as it is? Given the previous agreement was written by LA for myself and the tenants? I dont want any hassles later when I give notice to the tenants to leave or vice versa?

      2. If/when I get the deposit from the LA, do I have to keep the money in the tenant deposit protection scheme? Whats the procedure to do it? Can I leave it in my account?

      3. I called British Gas to issue me the landlord safety certificate. I had taken the full comprehensive cover with the home emergency costing me around £40 per month for last one year. BG is charging me £98 to issue the certificate for the cooker. They told me that because I have got the comprehensive cover, boiler check is free while cooker check is going to cost nearly £100. If I call up gas safety engineer from yellow pages, what will it cost me?
      Is it the cheapest emergency cover in the market? Can you please recommend something else?

      4. I didnt know, I could call Police. I am not sure, what police would have done.

      Sorry for all these questions. Sorry, I am new to all this and find this way too complicated.

      Thanks again,
      Tim

      Comment


        #4
        Originally posted by Toptim View Post

        1. Is it alright to leave the tenancy agreement as it is? Given the previous agreement was written by LA for myself and the tenants? I dont want any hassles later when I give notice to the tenants to leave or vice versa?
        That's up to you, if you want to tie the tenants down to a fixed period you could issue another AST, otherwise just leave them on the periodic tenancy.

        Originally posted by Toptim View Post

        2. If/when I get the deposit from the LA, do I have to keep the money in the tenant deposit protection scheme? Whats the procedure to do it? Can I leave it in my account?
        Yes . The deposit must be protected. There are three schemes. Pick the one that suits you.


        Originally posted by Toptim View Post
        3. I called British Gas to issue me the landlord safety certificate. I had taken the full comprehensive cover with the home emergency costing me around £40 per month for last one year. BG is charging me £98 to issue the certificate for the cooker. They told me that because I have got the comprehensive cover, boiler check is free while cooker check is going to cost nearly £100. If I call up gas safety engineer from yellow pages, what will it cost me?
        BG is not the cheapest but they are quick. The cooker price sounds very expensive to me.

        Originally posted by Toptim View Post
        Is it the cheapest emergency cover in the market? Can you please recommend something else?
        I use BG myself.

        Originally posted by Toptim View Post
        4. I didnt know, I could call Police. I am not sure, what police would have done.
        Sorry for all these questions. Sorry, I am new to all this and find this way too complicated.
        Go to the police station and ask to speak to a Sergeant or someone from CID.
        Explain to them what's happened. At the very least it will be treated as fraud. Then sue the agent in the civil court as well for the amount he owes you.
        The advantage of getting the police involved is that the agent will find it hard to just disappear, they will have his details on record.
        I offer no guarantee that anything I say is correct. wysiwyg

        Comment


          #5
          Many thanks for your help and guidance jta.

          I was looking at all the 3 options of keeping the deposit. Deposit potection service sounds good because its free. Is there a reason why I shouldnt be using it?

          Thanks again,
          Tim

          Comment


            #6
            Originally posted by Toptim View Post
            I rented my property last year with the help of a local letting agent for STA for 1 year.
            Er, what do you think an "STA" might be? Is this property in Scotland?
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment

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