Tenant using daughters name for utilities

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    Tenant using daughters name for utilities

    My daughter recently served a s21 on her tenant because their lease is up in april and doesnt want to rrenew because the have been consistantly late payers, have been owing 2 weeks rent for 10 months now, trashed her house, running a business from her house(guinea pig farming), not paid the full deposit( so my daughter did not pay into a deposit scheme, which she now has). The tenants went to the local council and questioned the legality of the s21 and was told by a council housing rep that the s21 was not legal because she had not deposited the part deposit into a scheme. My daughter has since found out that the utility bills are in her name rather than the tenants and money is owing on water rates, notthing paid for ten months. Is the s21 still valid or does she now have 2 issue anothe. The tenancy is up on 1st march. Can somebody help her.

    #2
    Originally posted by Gazza3 View Post
    My daughter recently served a s21 on her tenant because their lease is up in april ................. The tenancy is up on 1st march. Can somebody help her.
    Which is it? March or April?
    I offer no guarantee that anything I say is correct. wysiwyg

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      #3
      Sorry first of april

      Comment


        #4
        Originally posted by Gazza3 View Post
        The tenants went to the local council and questioned the legality of the s21 and was told by a council housing rep that the s21 was not legal because she had not deposited the part deposit into a scheme.
        Even a part-deposit must be protected. The s.21 notice served was invalid.

        Your D must firstly protect the deposit, AND provide T with the prescribed information (keeping copy and obtaining proof of service). After this has been done, she must then serve another s.21(1)(b) notice (keeping copy and obtaining proof of service). The notice must give T at least two months and should not expire before the end of the fixed term (whenever that is...). After notice expiry, D can apply to the court for a possession order.

        See
        http://www.depositprotection.com/
        http://www.depositprotection.com/Pub...AgentInfo.aspx
        http://www.letlink.co.uk/GeneralInfo...on/S21_1_B.pdf

        D could also serve a s.8 notice, using grounds 10, 11, 12, 13. See
        http://www.letlink.co.uk/letting-fac...-8-notice.html

        Comment


          #5
          Originally posted by Gazza3 View Post
          Sorry first of april
          So I'm guessing the fixed term commenced on the 2nd April 2010?

          Comment


            #6
            Originally posted by Gazza3 View Post
            My daughter recently served a s21 on her tenant because their lease is up in april and doesnt want to rrenew because the have been consistantly late payers, have been owing 2 weeks rent for 10 months now, trashed her house, running a business from her house(guinea pig farming), not paid the full deposit( so my daughter did not pay into a deposit scheme, which she now has).

            If the S21 was served before the deposit was protected then it is invalid.


            My daughter has since found out that the utility bills are in her name rather than the tenants and money is owing on water rates,

            Your daughter will need to show the letting agreements to the utility companies.
            Start again with the S21 notice, make sure it's filled out correctly. There are thousands of threads on this site about how to go about it.
            I offer no guarantee that anything I say is correct. wysiwyg

            Comment


              #7
              yes it was and the water board is about to apply for a ccj for non payment.

              Comment


                #8
                Originally posted by Gazza3 View Post
                water board is about to apply for a ccj for non payment.
                Not the Water 'Board'; but, anyway, against whom?
                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


                  #9
                  Originally posted by Gazza3 View Post
                  yes it was and the water board is about to apply for a ccj for non payment.
                  And what did the company say when your daughter telephoned them to explain the situation?

                  Incidentally - regarding the s21 - this may help http://tenancyanswers.ucoz.com/index..._contract/0-37

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