A New Itinerary?

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    A New Itinerary?

    Hi

    A friend of mine has a buy-to-let which he had let a family member manage. That person has done a terrible job and I'm trying to help my friend sort things out.

    The property has had the same tenants since 2009 - their deposit was never placed within a scheme - I sorted this out in March, so that's now all in place with correct documentation provided to tenant. There was no landlord gas safety cert so that is now in place.

    There does not seem to be any inventory and although we now have a copy of the original tenancy agreement from 2009, the tenant informs us the last agreement expired in August 11 (so it's periodic now) and they'd like to renew.

    1. Can the landlord issue a new contract
    2. Is it possible to do a new itinerary and
    3. Does this affect the deposit which is currently in place?

    My friend is about to replace the kitchen and I've just visited the property with him today and discovered the tenants had 're-jigged' the kitchen and the plumbing and disposed of a wall unit!!! Obviously my friend really needs to get a grip here.

    4. Should the landlord put it in writing to say the tenants can not make any alterations to the property without his prior consent.

    Many thanks
    Claymore

    #2
    1) Yes, if the tenants want it - it is an 'agreement', so both parties must agree.
    2) Probably sensible, although the tenants can not be 'forced' to allow one and not easy with tenants furniture etc in place. I would not be granting a new tenancy if tenants refuse, indeed I would be evicting.
    3) Not really, any difference between this condition report and the check-out will have been caused during the tenancy, and that is what the deposit is for. Friend can probably say goodbye to recompense for any damage between move-in and the new condition report.
    4) That's a standard part of most tenancy agreements. Even if it is not there, the tenant has an obligation to return the property in the same condition as when let (or as when inventoried in this case) so if they deviate, they pay to put it right at the end of the tenancy.

    Comment


      #3
      Originally posted by Claymore View Post
      There does not seem to be any inventory and although we now have a copy of the original tenancy agreement from 2009, the tenant informs us the last agreement expired in August 11 (so it's periodic now) and they'd like to renew.

      1. Can the landlord issue a new contract
      LL can't unilaterally 'issue' a new contract. The LL/T are free to agree a new fixed term contract, if they wish.

      2. Is it possible to do a new itinerary and
      3. Does this affect the deposit which is currently in place?
      You mean an inventory/condition report? Yes, it's possible, if the T agrees to allow access to the inventory clerk. Dunno what you mean by 'affecting' the deposit. If LL does conduct an inventory, then all it means is that he'll have evidence of condition as at May 2012, should he need to prove damage occurring between May 2012 and the end of the tenancy.

      My friend is about to replace the kitchen and I've just visited the property with him today and discovered the tenants had 're-jigged' the kitchen and the plumbing and disposed of a wall unit!!! Obviously my friend really needs to get a grip here.
      I see no point in replacing the kitchen while the tenancy is in place, unless these are *fantastic* tenants who've said they'll look elsewhere unless the kitchen is replaced (and a T who makes unauthorized alterations isn't my idea of a fantastic T). You've also got the hassle of T probably complaining about the inconvenience of having a new kitchen fitted, possibly even demanding compensation for the period when the kitchen is out of action. Why invite hassle like this if you don't have to, if T isn't demanding a new kitchen, and if T is happy to renew regardless?

      Your friend seems to have strange priorities; failing to protect the deposit or comply with gas safety, yet keen to spend money replacing a kitchen during a tenancy. Tell him to concentrate on his legal obligations, not unnecessary cosmetic alterations.

      4. Should the landlord put it in writing to say the tenants can not make any alterations to the property without his prior consent.
      The tenancy contract will presumably already state that T cannot make alterations, but can't hurt to remind them.

      Comment


        #4
        Thanks Snorkerz and Westminster.

        I'm very tired today - loads of college work on, hence the 'itinerary'!

        With regard to the deposit, I wasn't sure if the 'money on deposit' would relate to the previous (if there ever was one, inventory). But I'm all clear on that now thanks.

        My friend (well he needed a wake up call to say the least). He trusted his relative which wasn't a good idea. There wasn't even any landlord insurance in place, when I went there today - the stair carpet had a tear in it (someone could easily have tripped (and then sued!)). And as for the kitchen.......Actually, I'm not going to say anymore on that one!!

        Anyway - tenants are going on holiday next week so he has now got tradespeople going up there to sort everything out. The kitchen isn't a brand new one - it's two years old, but a decent quality so it will definitely suffice.

        Legally he was wide open - hopefully he will keep on top of things now - alternatively, I've told him to get out of the business.

        Thanks again.

        Comment

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