T vague about notice/moving date; may L keep deposit?

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

    T vague about notice/moving date; may L keep deposit?

    Hello, I wonder if you could help me with this minor issue. Our tenant's six months agreement is coming to an end and she offered just to roll over the tenancy without renewing the agreement. What would be better for us - draw up a new agreement or not to bother? The deposit is registered with a Deposit Protection Scheme. Also, do we need to take new pictures of the flat and its' contents or the ones, taken at the start of the tenancy will do?
    Thank you.

    #2
    Originally posted by Irina View Post
    Hello, I wonder if you could help me with this minor issue. Our tenant's six months agreement is coming to an end and she offered just to roll over the tenancy without renewing the agreement. What would be better for us - draw up a new agreement or not to bother? The deposit is registered with a Deposit Protection Scheme. Also, do we need to take new pictures of the flat and its' contents or the ones, taken at the start of the tenancy will do?
    Thank you.
    The 2 options each have their own advantage -

    Your tenants suggestion of a "statutory periodic tenancy" gives both you and her the flexibility to end the tenancy when either of you see fit. In essesnce, she has to give 1 months notice to leave and you have to give 2 months notice before applying to the courts to evict.

    The alternative of a brand new fixed term agreement offers you both security - she gets protection from eviction for 6/12 months and you get a guarantee that you will not need to find a new tenant in the same period.

    In either case, the inventory you took at the start of the tenancy remains valid until the tenancy (NOT tenancy agreement) ends.

    Comment


      #3
      Thanks for that. But how can the agreement guarantee that we wont' need to find a new tenant for 6 more months? If she wants to leave then there's nothing to stop her, and obviously, she won't pay if she does. Or is there something I don't understand?

      Comment


        #4
        Contractually, if you agree a further fixed term of 6 months by entering into a new agreement, then T is obliged to pay rent for the whole of that period.

        That said, T may ask to leave mid way through that new fixed term, but you would be within your rights to refuse. Such a scenario is best avoided by asking T now what his/her plans are, then choose the method most suitable and convenient to you both.

        Comment


          #5
          Thank you. One more question, if I may. In case of statutory periodic tenancy does the tenant still have to give me a month notice before she leaves? Also, what proof do I have that there is statutory periodic tenancy in place if we don't sign any documents to confirm that? Or do we need to sign something?

          Comment


            #6
            An SPT operates by law. No new documentation governs it. No-one signs anything to make it so.
            See s.5(2) and s.5(3) of 1988 Act: post #5 on http://www.landlordzone.co.uk/forums...ad.php?t=28889.

            On an SPT, T can give NTQ if this:
            a. is equal in length to (or longer than) the SPT periodicity; and
            b. expires at the end of an SPT period.

            So the SPT is monthly if rent is monthly during fixed term. The SPT begins on the first day after the fixed term ends.
            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


              #7
              Move out letter

              Hello. Our tenant keeps changing the date of her move out and because of this we already have lost a really nice client. She asked us if we could give her part of her rent back if she moves out earlier and we find tenants, and we agreed. But it gets more and more complicated because of her incostistency. So, now we really want to put a move out date in writing and serve her a so called moveout letter, which we took from this forum. There it states that cleaning of a cooker sosts £....... Does anyone know how much it costs? Also, we would like to put the cost of cleaning the window, repainting the walls, etc. It's a studio flat with one window. If nayone could help with the costs, at least of cleaning the cooker?
              Thank you.

              Comment


                #8
                Is this in England/Wales?

                Have you had written notice from the tenant?

                Do you have an inventory signed by the tenant when he moved in?

                Comment


                  #9
                  Originally posted by Irina View Post
                  Hello. Our tenant keeps changing the date of her move out and because of this we already have lost a really nice client. She asked us if we could give her part of her rent back if she moves out earlier and we find tenants, and we agreed. But it gets more and more complicated because of her incostistency. So, now we really want to put a move out date in writing and serve her a so called moveout letter, which we took from this forum.
                  I can't access the 'move out letter' on here, but I can tell you that this is not a means to regain possession of a property let on an assured shorthold tenancy.

                  You were advised on eviction procedure in a previous thread. http://www.landlordzone.co.uk/forums...ad.php?t=27464 First, you serve proper notice (either s.21 or s.8), then after the notice expires, you apply to the court for a possession order - you can't serve an assured shorthold tenant with a notice to quit with a 'moveout date' (but T can serve LL with a NTQ and such notice ends the tenancy).

                  If the T does not give you proper notice, and moves out, she may still be liable for further rent in lieu of notice.

                  As well as Snorkerz' questions, please tell us:
                  • What date did the last fixed term agreement start (dd/mm/yy)?
                  • How long was the term?
                  • Is the deposit protected?



                  There it states that cleaning of a cooker sosts £....... Does anyone know how much it costs? Also, we would like to put the cost of cleaning the window, repainting the walls, etc. It's a studio flat with one window. If nayone could help with the costs, at least of cleaning the cooker?
                  Why do you think T is liable for repainting? Has she caused damage to the walls?

                  Re the cooker, Google for details of local cleaning companies.

                  Comment


                    #10
                    It's absolutely not what I was asking. All I was asking if anyone knew the cost of cleaning the cooker. So, the most relevant thing you have written here was
                    "Re the cooker, Google for details of local cleaning companies". All the rest is of no interest to me.

                    Comment


                      #11
                      Are we entitled to keep a deposit?

                      Hello. The tenant gave a month's notice to leave but haven't confirmed anything in writing. Since then she kept changing the dates, and today said she was not sure if she would on the mentioned date (which is 8/11). She keeps saying she will tell us "tomorrow". We have a few people interested in renting the flat but can't commit to them because we don't know when our current tenant will be going. Are we entitled to keep a deposit because we're losing the clients? Or because she didn't give us a written notice, we won't be able to prove anything, and the only thing we can do is to bite the bullet and give her a deposit back whenever she moves out, even if without any notice? It's written in tenancy agreement that she has to give at least a one month's notice to leave, but it's not stated what the penalty will be in case she fails to comply. The deposit is protected, of course.
                      Thank you.

                      Comment


                        #12
                        Does your tenancy agreement allow you to keep the T's deposit if they mess you around over the moving out date? I doubt it - in which case the answer is no!

                        If T pays the rent up until the day they move out, and leaves the property as she found it, then you will struggle to persuade the deposit scheme that they owe you anything. It is very difficult to prove a loss which is only ever potential.
                        '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


                          #13
                          Originally posted by Irina View Post
                          It's absolutely not what I was asking. All I was asking if anyone knew the cost of cleaning the cooker. So, the most relevant thing you have written here was
                          "Re the cooker, Google for details of local cleaning companies". All the rest is of no interest to me.
                          Your thread is entitled 'Move out letter'. You say:

                          Originally posted by Irina View Post
                          So, now we really want to put a move out date in writing and serve her a so called moveout letter
                          My advice was intended to explain that you cannot 'put a move out date in writing'.

                          But don't worry, I certainly won't bother attempting to help you in future.

                          Comment


                            #14
                            So, the clause saying that the tenant must give at least a month's notice is not enforceable?

                            Comment


                              #15
                              Originally posted by Irina View Post
                              So, the clause saying that the tenant must give at least a month's notice is not enforceable?
                              Until you answer the questions about the tenancy dates asked by Snorkerz and westminster in your other thread, we cannot help you.
                              '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

                              Latest Activity

                              Collapse

                              Working...
                              X