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    #16
    Originally posted by theartfullodger View Post
    Which morality did you think is not being adhered to??
    Mind-the-Gaps' tailor-made morality (alterations a pleasure for all satisfied customers)?
    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


      #17
      Originally posted by jta View Post
      That does not mean that the tenant does not owe the money for the period of having no address for the landlord. As soon as the landlord complies with the requirement all the rent money becomes due and should be paid.
      I didn't say it did! Hence the phrase 'unless and until....'!
      '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


        #18
        Originally posted by Irina View Post
        I wonder if it's a moral practice to give advice to a tenant who tries to outwit his Landlord and has enough cheek to come to LL forum for help. Unfortunately, it's a common practice. I see potential scammers coming on ebay forums for advice, and soon afterwards their victims turn up. Also, for advice, if any.
        A very appropriate nickname, Devil(plus something else) I suppose, if you need another advice of a similar sort inthe future, you'll just reregister under a different name.
        Nonsense. We give advice solely on the basis of the facts put before us. In this case we have no idea whether OP is a T trying to scam his LL or vice versa, or neither.

        And if we are talking about abusing the goodwill of contributors who help on this forum... I wasn't going to say this, but will anyway : pot...kettle
        '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


          #19
          Looks like the bloke has received enough advice on how to get out of paying to his LL. Sad, really.
          To reply to Artful's question, moral issues are not in the picture untill you can see the signs that the poster asks for guidance on how to avoid paying his bills, which is immoral (which morality do I mean? Don't know, how many moralities are out there? ). Then it means being an accomplice in his acts (a civil matter, I know).
          If you read the whole thread, you may see a few warning signs. Impossible to prove but we base such judgements on life experience and common sense. The fact that this guy won't come here again, will only prove my point.

          Comment


            #20
            I reckon it's more likely DevilDamo is a tenant, but not of the property in question, and is just trying to advise some mate (yes I could be wrong, we all could be. - that's my guess.).

            Hope he comes back to view this thread - in particular that if Landlord is non-resident then tenant/agent should withhold 25% (-ish) of rent for the tax-man.. see...
            http://www.hmrc.gov.uk/cnr/nr_landlords.htm

            Cheers!

            Artful
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #21
              Originally posted by mind the gap View Post
              We could advise you more usefully if you stopped playing silly beggars and explained what your interest is in the case. This kind of query is pretty common and the chances of your LL/T identifying you from your posts here is remote.
              I have asked a question to which I am seeking answers. I don't "have to" confirm if I'm a L or T. It's not a risk I'm willing to take as the other party can very easily come across this topic, which would not make the situation any better.

              Originally posted by mind the gap View Post
              However, if the T left owing rent and the LL lives on the other side of the world and has not made an address in England or Wales available for service of notices, then the answer to your question about what the LL can in reality do about it is 'not a lot'.

              In fact, the T is not even obliged to pay rent unless and until such an address was provided.
              There used to be a UK address before the move across the world, which is still owned by the L but rented out. The address from which the S21 Notice came from was that overseas.

              Originally posted by mind the gap View Post
              I suppose the LL could instruct a solicitor to chase the defaulting T for the rent arrears, but it may well be a case of throwing good money after bad.
              Exactly.

              Originally posted by mind the gap View Post
              Assuming the utility bills are in the T's name, they are the utility providers' concern and not the LL's.
              The electricity/gas bills are in the T's name, which I'm sure will be moved across to another T's name when it's time for the T to vacate.

              Originally posted by Snorkerz View Post
              On a site called Landlordzone, that's a pretty fair assumption unless the poster indicates otherwise. FWIW, tenants get equally good advice here.
              "LandlordZONE.co.uk - helping Landlords since 1999 - a free access web portal for landlords, agents & tenants - a knowledge base for practitioners and a marketplace for buyers & suppliers"

              Originally posted by westminster View Post
              But does the tenancy contract contain an address for serving notices in England/Wales?
              As mentioned above. There used to be a UK address, which the original agreement originated from. The S21 Notice has been sent from overseas with the overseas address on it.

              Thank you for your help and assistance.

              Comment


                #22
                Originally posted by DevilDamo View Post
                I have asked a question to which I am seeking answers. I don't "have to" confirm if I'm a L or T. It's not a risk I'm willing to take as the other party can very easily come across this topic, which would not make the situation any better..
                Nobody said you did, simply that the information and advice you get would be more specific to your situation and thus more useful to you, if we knew what your situation was.

                Originally posted by DevilDamo View Post
                The electricity/gas bills are in the T's name, which I'm sure will be moved across to another T's name when it's time for the T to vacate..
                If you are suggesting that the new T would become liable for the old T's bills, you are deluding yourself. The utility provider will chase the old T for any money owed - new T being easily able to demonstrate via TA exactly when he became liable - and good luck to them!
                '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


                  #23
                  What I was implying was... the T will settle their side of the bills before they leave and will then switch over the account(s) to another T. There will not be any problem with the utilities.

                  Comment


                    #24
                    You were asked if there was an address in England/Wales - not the same as UK. If we are talking Scotland or NI then it doesn't count.

                    Just a thought - do you want help off the members who give their time free of charge, or do you want to antagonise them?

                    Comment


                      #25
                      If at the beginning of a tenancy the LL supplies an address for service of documents in England or Wales, but subsequently moves or for some other reason can no longer use that address how would that affect T's obligation to pay the rent, accepting that if this change in circumstance meant they were no longer obliged to pay it they remain liable for it?

                      pm
                      Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

                      Comment


                        #26
                        If L moves, T is still liable for rent. However, if L fails to give T a new E&W address, L is temporarily barred from taking any rent recovery action; rent is treated as not being due; but L can then comply and all 'missing' rent liability is resurrected.
                        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


                          #27
                          Originally posted by jeffrey View Post
                          If L moves, T is still liable for rent. However, if L fails to give T a new E&W address, L is temporarily barred from taking any rent recovery action; rent is treated as not being due; but L can then comply and all 'missing' rent liability is resurrected.
                          Surely LL is only obliged to provide 'an' address in England/Wales, regardless of whether it is current or not and regardless or whether he will actually receive a notice sent to the address of not? I mean, LL could provide any address in E&W, such as that of the local launderette, and thereby fulfill the requirements under s.48.

                          Comment


                            #28
                            True, but the LL could not then later claim (e.g. in court) that he had not received a T's notice to quit, or demand for repairs, etc. (always assuming T has proof of service).
                            '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

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