Answer to Question Time (2)

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  • Answer to Question Time (2)

    1. A landlord writes a letter to the tenant giving the statutory 2 months notice to vacate. Could this be sufficient rather than the issue of a S.21 Notice if you have to use the APP in court?
      Yes! (those who searched the forum could find the answer to this posted the day after the question was set!)
    2. A letting agent has written terms of business with his client; as he already has an express authority to act on the landlord's behalf, does this extend to an implied authority to sign the tenancy agreement on his behalf?
    3. If you only quote the Housing Act 1988 in your AST, does this automatically include the provisions of the 1996 Act?
    4. If the tenant requests the landlord's name and address from the agent, how long does the agent have to do this? And as an extra bonus do you know the fine that can be levied on the agent for failure to comply?
      21 days & £2,500 (L & T Act 1985 s.4-6)
    5. You erect a "for let" board on a property and successfully let it; how long after the property is let do you have before it must be removed? And if you don't what's the potential fine?
      14 days & £1,000
    6. You take an instruction to let a property and are met by the owner's brother who has the keys to the property as the owner is temporarily abroad. What does the Accommodaiton Agencies Act 1953 have to do with this situation?
      You MUST obtain irrefutable evidence that the person is acting on behalf of the owner, and to have established the rightful owner first!
    7. You refererence tenants on behalf of the landlord; to whom can you give copies of the replies without contravening the Data Protection Act?
      ONLY the landlord
    8. Are you obliged as an agent on behalf of a landlord to limit the amount you spend on any one repair, or can you use as much of the rent as is necessary (you can exclude emergencies for this purpose)?
      As agent you must establish a "floor" limit with him beforehand (in your terms of busines) otherwise you must refer ALL repair costing first. If you act in emergency you MUST only go a sfar as to secure the property against further damage and should limit this to a reasonable figure - the OFT suggested in one case it should be no more than £500 without referral.

    And the winner is Jennifer yet again!
    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.

  • #2
    Paul F - Jennifer asked to be discounted so the winner must be plusabit.


    • #3
      Question Time 2

      Plusabit - please e-mail me your full contact details - a new copy of the prize - Renting Out Your Property
      will soon be winging its way to your door!


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