Standard Assured Tenancy- no deposit protection?

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

    Standard Assured Tenancy- no deposit protection?

    Problem is the 4 Students tenants left and the place was clean but stinks of curry so I cant let it out, Agents say it needs to be redecorated and curtains cleaned to get rid of the smell but say that I will loose any claim on the deposit as you can't photograph/video or witness a smell (which is about right)...any ideas welcome

    I spoke to a Solicitor who said why not rent it out on an Assured Tenancy so that I can can control the deposit a bit more and avert this problem in the future by not registering the deposit.

    I've tried to explain that I do not want any curry eaters in the future without being racist but the Agent says I am being racist and will not entertain writing an Assured tenancy, I therefore welcome the forums view.

    #2
    You tel Agent what to do, not vice-versa.
    If you want to grant a Standard Assured Tenancy (which is what I guess you meant), why not?

    NB: you cannot use s.21 in that case; but were you ever the property's owner-occupier?
    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


      #3
      Jeffrey thanks for the quick answer, the Agent says that I am creating a rod for my own back (getting possession and all that) my Solicitor friend who deals with divorce cases say that if one person leaves the tenancy finishes, you can put the rent up and not register the deposit, so if thats the case why do all student/shared house Landlords do the same as in my case the deposit scheme is not workable if you can't claim for all eventualities.

      Comment


        #4
        Originally posted by king arthur View Post
        I will loose any claim on the deposit as you can't photograph/video or witness a smell
        Why can't you witness a smell? The place just needs a thorough (professional) clean and you should be able to claim at least a percentage of that back from the deposit. After all, the smell left by smokers is routinely dealt with in the same manner.

        Comment


          #5
          The property was clean, I know the tenants will not agree to redecoration costs of £900 and curtain dry cleaning of £360, so how do I gather evidence.

          Comment


            #6
            Why not use a Assured Tenancy for a student house-so no registering of deposit

            Tried this on Letting Agent forum but answers dried up, just lost deposit because unable to "prove a curry smell" so Solicitor friend advised using Assured tenancy and told me that the security is that if one persons leaves the tenancy finishes, you can put rent up and the deposit does not need to be registered......so does anyone go down the same route or have any constructive thoughts ?

            Comment


              #7
              The suggestion that the tenancy ends if one tenant leaves is an odd one. I think you need your solicitor friend to explain it.

              If you grant an assured tenancy you do of course give the tenant security of tenure, but that ought not to be a problem for most student lettings. I say "most" as there are bound to be exceptions - say a student stays on to do a further degree and then stays on to teach at the university.

              The rules relating to increasing rent under assured periodic tenancies are the same as for assured shorthold tenancies.

              If you grant an assured tenancy whilst you may not have to protect the deposit the rules that apply to returning it are just the same. The tenant can sue for it in the County Court and County Court judges are just as likely to allow you to keep a deposit for a curry smell as any mediator.

              Apart from the administrative convenience of not having to protect the deposit, I cannot see there is any significant advantage in granting assured tenancies to students.

              Comment


                #8
                Originally posted by Lawcruncher View Post
                The suggestion that the tenancy ends if one tenant leaves is an odd one. I think you need your solicitor friend to explain it.

                If you grant an assured tenancy you do of course give the tenant security of tenure, but that ought not to be a problem for most student lettings. I say "most" as there are bound to be exceptions - say a student stays on to do a further degree and then stays on to teach at the university.

                The rules relating to increasing rent under assured periodic tenancies are the same as for assured shorthold tenancies.

                If you grant an assured tenancy whilst you may not have to protect the deposit the rules that apply to returning it are just the same. The tenant can sue for it in the County Court and County Court judges are just as likely to allow you to keep a deposit for a curry smell as any mediator.

                Apart from the administrative convenience of not having to protect the deposit, I cannot see there is any significant advantage in granting assured tenancies to students.
                When you say 'assured tenancy', you are susceptible to confusion. There are two kinds of AT for this purpose:
                1. AST. Yes- s.21. Yes- deposit protection. Rent liable to RAC assessment [s.22].
                2. SAT. No s.21. No deposit protection. Rent not liable to RAC assessment [s.22].
                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
                  Possibly.

                  Perhaps where I said "assured tenancy" I could have said "assured tenancy which is not an assured shorthold tenancy". There is really no such thing as a "standard assured tenancy" though it may be convenient to refer to an assured tenancy that is not an assured shorthold tenancy as such. The term "standard assured tenancy" implies there is such a thing as a "non-standard assured tenancy" when there are only assured tenancies. I think it is important for people to understand that assured shorthold tenancies are a sub-species of assured tenancy.

                  All Chihuahuas are dogs. Do we refer to dogs that are not Chihuahuas as standard dogs?

                  Comment


                    #10
                    The problem is compounded by what the Housing Act 1980 calls:
                    a. [s.52] 'Protected Shorthold Tenancies', a sub-species of the Rent Act 1977 Regulated Tenancy; and
                    b. [s.56] 'Assured Tenancies', a letting by an 'approved body' (as defined). Note that these are wholly distinct from what the Housing Act 1988 calls 'Assured Tenancies' but which I prefer to see as ASTs and SATs!

                    That's why I prefer statute-referencing to adjectival, in defining exactly which type of tenancy it is.
                    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


                      #11
                      Originally posted by king arthur View Post
                      the Agent ...will not entertain writing an Assured tenancy, I therefore welcome the forums view.
                      I think the agent is simply trying to protect your interests, because you can't use s.21 procedure to evict an assured tenant.

                      I think the solicitor sounds like he doesn't know what he's talking about. His assertion - "Solicitor friend advised using Assured tenancy and told me that the security is that if one persons leaves the tenancy finishes" - is nonsense. Is he specialist in landlord & tenant law?

                      Comment


                        #12
                        Originally posted by westminster View Post
                        I think the solicitor sounds like he doesn't know what he's talking about. His assertion - "Solicitor friend advised using Assured tenancy and told me that the security is that if one persons leaves the tenancy finishes" - is nonsense.
                        I agree; but perhaps it wasn't when the solicitor actually gave advice now mutated in the re-telling.
                        Possibly the advice was that any of joint tenants can end the SPT by serving NTQ.
                        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

                        Latest Activity

                        Collapse

                        • Reply to Dogs
                          by royw
                          What does your AST say about it?
                          05-12-2021, 23:20 PM
                        • Dogs
                          by Bridge2020
                          My tenant has asked if he can get a dog. Where do I stand on this ?...
                          05-12-2021, 11:23 AM
                        • Advice on s.8 & s.21
                          by Hetty911
                          Hi all,

                          Long time lurker, first time poster. Would be grateful for advice on the below.

                          Have a tenant on a AST which expired in July and has rolled onto a periodic tenancy. Over past 6 months rent has been delayed, partial and on two occasions unpaid. 2 months rent is missing...
                          05-12-2021, 22:01 PM
                        • Reply to Accelerated possession order
                          by Hudson01
                          Unless the tenant has dependent children, some, or all with a disability, and some other form of vulnerability for her/him self..... they will be in a crummy emergency accommodation flea pit or a dumpy flat in a place resembling the film set of '' Escape from New York ''. They are deluded.
                          05-12-2021, 20:36 PM
                        • Accelerated possession order
                          by Pariah81
                          A tenant has refused to leave the property at the end of her tenancy and has now asked to be evicted as in her words 'that will make her eligible for a council house'.

                          I am sending an accelerated possession order through the courts but whilst completed the forms noticed two apparent errors...
                          05-12-2021, 18:12 PM
                        • Reply to Accelerated possession order
                          by theartfullodger
                          Thatcher's 1988 housing act makes it clear tenant does not have to leave at end of fixed term

                          Why help tenant take a council property from a more deserving case? I'd decline to serve s21. S8 if possible... (was she ever late with rent?)
                          05-12-2021, 19:17 PM
                        • Reply to Accelerated possession order
                          by Pariah81
                          Ok so it looks like the section 21 notice is invalid as a result of this error. The deposit scheme was not in place at the time of the notice.

                          Apparently the deposit has to be returned in full....
                          05-12-2021, 18:35 PM
                        • Reply to Dogs
                          by ash72
                          The good thing is they have asked you prior to getting one, so the decision is yours. If you do decide then I would suggest you increase rent to compensate for your loss in the future.
                          05-12-2021, 17:21 PM
                        • Reply to Dogs
                          by jpkeates
                          I wouldn't, but it does depend on what type of dog.
                          You should assume your carpets will all need replacing.
                          05-12-2021, 16:21 PM
                        • Reply to STA, Section 8 and Court delays/Christmas
                          by jpkeates
                          Assuming it's an AST (STA's are Scottish)...
                          You don't have to renew the tenancy, just let it become periodic.
                          And, you're right, don't renew it.

                          To repossess, you'll either have to attend court or pay a solicitor to do so on your behalf.

                          If the tenant doesn't owe...
                          05-12-2021, 16:13 PM
                        Working...
                        X