Question Time Answers!

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    Question Time Answers!

    As nobody else appears to want to have a bash, here are the answers:-
    1. Tenant signs AST with landlord to move in 5 days hence, pays deposit and fails to turn up on the appointed day. Landlord has another interested tenant and lets the property to him 10 days later. Original tenant turns up on day 12 and states he has a legal tenancy - does he?
      No! - First tenant is expected to take up possession when stated on the AST and failed to do so, therefore relinquished his right to a tenancy, he hadn't paid any rent, and a deposit is only part of the bargain; the first tenant didn't carry out the "acceptance" part of the contract by being at the property on the appointed day and it was not then "effective in possession".
    2. Landlord gives tenant 2 months notice on periodic AST, and tenant moves out 7 days later saying he doesn't need to pay anymore rent afterwards. Is he entitled to do this? Yes! because the landlord is saying he wants his property back, not necessarily in two months, but he can't ask for it back any sooner by constraint of law!
    3. Tenant reports timber fence has fallen down and the landlord has failed to repair this. What if any, are the tenant's rights?This may have caught out some of you. The landlord has no legal obligation to repair a fence under the L & T Act 1985 as some of you thought as this is not part of the main building. He does however have an obligation for the fence not to be dangerous or causing an obstruction to any person[s] using the garden or to the occupant of any adjoining property. The tenant has no rights otherwise to have the repair carried out at the landlord's expense! For instance if you had a dog and wanted to make sure it was kept in then you might have to do it yourself.
    4. A group of 6 students rent a property and the first three named on the tenancy agreement fall out with the others and decide to move out. From whom can you legally demand either the rent or any arrears?Comes up quite often this. Only the first 4 named tenants can be legally held responsible for any breaches of an AST, the rest are merely licensed occupiers; if the first 3 could not be found tenant 4 would find himself having to find the shortfall of rent probably!
    5. It's winter and icy. You are about to show prospective tenants round a property and there is sheet ice in the driveway. As the owners are away you use the shovel in the boot of your car and clear it away so that is is safer. One of the people looking round slips on the driveway and breaks a leg. Who's liable?Liability here rest with the partners or directors of the estate agency firm (if any), dependent upon whether you are one of the former or just an employee, or the landlord if that is you! If you are just a friend of the landlord then you are deemed to be acting on his authority and the landlord is liable!
    6. You as agent or landlord deduct monies from the tenant's deposit for cleaning of the property on the tenant's vacation. You add an administration charge of £25 plus VAT, and tell the tenant about this charge before you instruct the cleaner. Are you entitled to deduct these amounts from the deposit?Two issues here; A. The agent cannot deduct any administration charges unless the tenant was aware of what they might incur BEFORE they took the tenancy, and B. All charges must include VAT and only the £25 would have been payable if the tenant had known about it beforehand as per (A.)
    7. You have a guarantor's written agreement to "pay the rent" on behalf of the tenant should they default. If this is all that it says, how long do you think the guarantor might be liable, and would it extend to any dilapidations too?A guarantor's agreement must be clear, concise and unequivocal, and therefore the likely outcome of this would only extend to the fixed term of the first tenancy, and subsequent agreements would need a new guarantor's agreement. You need to include ALL the guarantor's liabilites to be stated otherwise they would probably be unenforceable. Dilapidations here would also be exempt which most of you recognised
    8. The serving of a Section 21 Notice is the only way you are guaranteed to regain possession of a property on an Assured Shorthold Tenancy? True or False? True! What makes you think a S.8 Notice is guaranteed to get you possession unless followed by an "if"?

    I don't think anybody got all 8 questions right so I think the Editor's book can safely stay in his collection! I'll post another set fairly soon, so keep trying!
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Question Time - Book Prize

    If you can let me know which member got the most answers right, we'll sent the book prize anyway!


      And the winner is........

      Thanks to all the following who took part:

      Jennifer M; Mr Woof; Zoe; Benji; Poppy; Amanda; AttilatheLandlord.

      The clear winner is Jennifer M! - even before she changed her answer to Q.8 - Congratulations!
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


        Congratulations Jennifer M!

        Please e-mail me your contact details - postal address - and I will sent you a pristine new copy of the book: "Renting Out Your Property for Dummies" courtesy of LandlordZONE.
        Thanks to Paul for his efforts in this and all those who took part.


          Thank you very much !!

          I'm quite proud of myself on that one Can't stop myself smiling (it's quite sad really)

          I'd like to thank the Editor and LandlordZone for the prize (I have sent my details by email), the website and this forum which are great sources of information and Paul F for his "question time".


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