Question Time Answers!

  • Filter
  • Time
  • Show
Clear All
new posts

    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".


          Latest Activity


          • Reply to Using a rental guarantee agency
            by Luke
            The agency guy made me an offer which was quite below the market rate , I was considering the offer and two days later he asked me what I have decided to do . I apologized for not replying earlier as I had been busy sorting my tenancy agreement out .
            He replied "You MISUNDERSTOOD I gave...
            24-09-2021, 08:34 AM
          • Using a rental guarantee agency
            by Luke
            I am the LL to a three bedroom property in London which is currently empty as the previous tenants moved out .
            I am having difficulty getting back to the U.K at the moment because I am abroad in a Covid red zone Country ,
            I have contacted an agency who have visited the property and given...
            22-09-2021, 11:54 AM
          • Reply to S21 served expired EPC!
            by Worriednow
            Unfortunately I simply renewed the tenancy like I have been on a yearly basis. So when I last renewed with them I didn't give a EPC, we just renewed amicably. It's only since serving the S21 notice that I realised I should have given them the EPC when they renewed last year, except it had already expired...
            24-09-2021, 08:25 AM
          • S21 served expired EPC!
            by Worriednow
            Hi All
            Hope you can help. I served a S21 notice on my tenants giving them 6 months notice to leave. The actual tenancy expired in August 2021 but with the Covid rules i had to give 6 months notice which means they have to be out by November.

            The notice was served May this year but...
            23-09-2021, 20:02 PM
          • Reply to Utilities Account Manager
            by michaelwgroves
            I was with Spark for my home for several years, now park of OVO. I remember it was fine. I might call them to see what they can do...
            24-09-2021, 08:20 AM
          • Utilities Account Manager
            by michaelwgroves
            I have a large portfolio, I got tired of spending ours on the phone each week managing utilities between tenancies. I found a utility company that gave me a dedicated account team. I simply email the tenancy change and it gets sorted. However, there are a few challenges they are struggling to overcome,...
            22-09-2021, 07:15 AM
          • Reply to Dispute deposit based on damage that landlord didn't repair?
            by Hooper
            Sounds like a poor LL. But if the damage is not noted on check-in and is listed on check out, then rightly or wrongly the evidence is in LL favour, surely?

            If there was damage at check-in and it was not noted on the report, then it is the tenant's responsibility to have the report amended....
            24-09-2021, 08:08 AM
          • Dispute deposit based on damage that landlord didn't repair?
            by kankan
            Hello everyone,

            After signing the contract, but before moving in, the flat suffered some flood damage. 3 rooms needed repainting because of water stains and paint falling off.
            We were promised that this will be taken care of after moving in. We followed up several times, but the repairs...
            22-09-2021, 19:26 PM
          • Reply to S21 served expired EPC!
            by KTC
            Did you give them a copy of it while it was valid, or only after it expired when you served the s21?

            "The relevant person must ensure that a valid energy performance certificate has been given free of charge to the person who ultimately becomes the buyer or tenant."
            24-09-2021, 07:58 AM
          • Reply to What to do if letting agent stops to pay out
            by jpkeates
            Amended version....
            24-09-2021, 07:58 AM