AST in previous LL's name

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    AST in previous LL's name

    Hello everyone,

    I purchased a freehold flat in December last year and not knowing the legalities of what I was supposed to do I blindly sat back for a while. Now in March I want to serve a Section 21. Tenant is always one month behind and sometimes two months behind with rent, making a section 8 a bad choice. Trouble is he wont answer the door or his phone and he won't write when I post any (very polite) correspondence through the letter box regarding the rent.
    I didn't serve the correct paperwork informing him of landlord change and my home address plus the agent won't give me the original or a copy of the deposit certificate. I do have the ID number which has been verified and the old AST is in the last but one landlords name which was signed in Dec 2008.
    The agent does not seem to care one way or another but still takes his cut of the rent, plus he drinks in the same pub as the tenant.

    Should I slit my wrists now or is there any solution?

    Many thanks in anticipation of a positive response.

    #2
    Really, you need to go back to the solicitor who handled this for you - he should have mades sure this was all tied up.

    However, you can serve section 3 and section 48 notices in the form or a combined letter.

    The deposit issue is minor for now, presuming tenant doesn't claim the section 21 in invalid due to it.

    If you haven't already done so, take a witness with you to the property and deliver the above letter, unless you have already done so. Then about 2 days later, you can serve your section 21. Look at your agreement with the agent - and sack him asap!

    If you are unclear of the s21 process, http://www.section21.byethost12.com/

    Comment


      #3
      Slitting wrists a bit extreme.

      If notices not served in time you have committed a criminal offence.

      When did tenant 1st move in? Might not be AST , regardless of what paperwork shows.
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Thanks Snorkerz, (Cruel Sea ?)

        The agents agreement is only verbal, there is nothing on paper. The solicitor is a bit of a numpty I agree. I'll serve the section 3 and 48 today before 4.00 pm and the section 21 Wednesday.

        Many thanks again.

        Comment


          #5
          Hi Theartfullodger,

          December 2008 with a signed six month AST, it's holding over now isn't it ?


          Thanks.

          Comment


            #6
            Ask tenant (not vendor, not agent, not solicitor. ) when he 1st moved in.

            If early enough then not an AST.
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment

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