Some rental questions

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    Some rental questions

    Hi All.

    I have some questions, with regards to the new laws for letting a property etc. I will hopefully be doing the paperwork for a new AST shortly. I intend to only start with 6 months.

    I believe the areas that I need to cover are as follows:

    Ensure its a valid AST (I have been using legal helpers AST for the last 4 years and It stood up in court when tested 3 yrs ago)
    Photocopy of passport and check thier right to rent, not needed if the T is an EU citizen right.
    Valid Gas safety
    Valid Electrical safety
    Signed inventory checked by both parties
    Proof of rental deposit
    Print out or email info for tenants, the new government thing that has to be given to T.


    I always like to do a letter to state that the above has been duly received by the T, and then get them to sign it. Just in case it needs to be used in court etc.

    On a separate note, If a S21 notice was issued in 2014 after a tenancy ended which started in 2013. Is the S21 still valid today ?

    Lastly, after showing a T a place, they have paid for referencing etc, but since I said that the tenancy should start on Friday, the T only wants to pay deposit on Friday as well, just thinking I still have to carry on showing people the property as the T can back out at any time since there is no commitment. How should one handle this situation ?


    Thanks in advance.

    #2
    Right to rent checks are required on ALL occupants over 18, named on tenancy or not, lodger or tenant, regardless of where they were born or if the Daily Wail would definitely say they are "British". See
    https://www.gov.uk/check-tenant-right-to-rent-documents
    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


      #3
      You require an EPC, not an electrical safety certificate.

      Originally posted by platforminc View Post
      Print out or email info for tenants, the new government thing that has to be given to T.
      What info is that?

      Originally posted by platforminc View Post

      On a separate note, If a S21 notice was issued in 2014 after a tenancy ended which started in 2013. Is the S21 still valid today ?
      As long as a new fixed term hadn't been granted in the interim.

      Originally posted by platforminc View Post

      Lastly, after showing a T a place, they have paid for referencing etc, but since I said that the tenancy should start on Friday, the T only wants to pay deposit on Friday as well, just thinking I still have to carry on showing people the property as the T can back out at any time since there is no commitment. How should one handle this situation ?


      Thanks in advance.
      It depends on what you have agreed. It sounds like you have no firm committment from them, but if you were to offer it to someone else, you may have a headache.
      You should have took the deposit with conditions attached, nevermind what they wanted.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        The agreement was for the potential T to go home and transfer the deposit (all of it), however there are some rogue landlords out there, so I guess when he got home, he changed his mind and then sent me a text saying that he would pay the deposit at the point of moving in and getting keys. Just means another return journey to give them the deposit certificate etc.

        The problem I have now is that I want to show others since the potential T can change his mind etc, we were waiting for his reference to come though which it did yesterday, and the next thing was supposed to be deposit to secure the place, now no deposit and no word from him. I am hesitant to call as I may look desperate which I am not. Still getting inquiries about the property and its also with an Estate Agent as well.

        Comment


          #5
          Originally posted by platforminc View Post
          The agreement was for the potential T to go home and transfer the deposit (all of it),
          So, he has not kept to the agreement, so it is up to you to decide what you want to do next.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            Wow. Paying on the day?

            No fear.

            Cleared funds, sitting pretty in your account, well before move in day. I'd be politely declining the Tenant at this stage I think. They're calling the shots.

            Comment


              #7
              I do not know but it might be a trust issue, simply because i am using Upad and there has been issues in the past where some people have posed has landlords whereas they are not, only to defraud innocent tenants.

              When I saw this manifesting itself 12 months ago, I simply could not be bothered again and then gave the property to Agents, they charge a hefty fee to T for their services, I only charge for referencing which doesn't even go to me, but the referencing company.

              On a side note, if a property was to be let today on a 1 year AST, the tenancy would end on 18/05/2016.

              In this particular case, I want to issue only a 6 month tenancy, would it end on 19/11/2016 or 18/11/2016 ?

              Thanks in advance.

              Comment


                #8
                18th November.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  On a side note, if a property was to be let today on a 1 year AST, the tenancy would end on 18/05/2016.
                  A 12 month tenancy signed to start today would end on the 18/5/17 a six month one would end on the 18/11/16 NOT the 19th that would make 6 months plus one day . Make sure you get your dates right save you admin issues later.
                  Any advice I give is my opinion and experience, I am as you also learning.

                  Comment


                    #10
                    Thanks guys

                    Comment


                      #11
                      Originally posted by platforminc View Post
                      I do not know but it might be a trust issue, simply because i am using Upad and there has been issues in the past where some people have posed has landlords whereas they are not, only to defraud innocent tenants.
                      Quite possibly. But the fundamental question is about whether you're happy with the chance the Tenant might not provide the deposit on the day of move-in. I'd not be happy, no sir. I like to get it in my account around a week before the tenancy starts and I commence the protection procedure straight away so I'm always in a position to put the Deposit ID into the AST and print off the Prescribed Information etc.. I could not contemplate not receiving cleared funds before turning-up for a Check-In. The Tenant could be still out, looking for other properties, if it is as I think - he has nothing tying him to yours.

                      Comment


                        #12
                        I have been in this situation twice before last time just a few months back , in both cases the tenant insisted on paying a deposit on the day. I had made it very clear that no agreements will be signed or keys handed over unless cleared funds were with me on the day. The only way to achieve this was to pay the deposit plus first month rent in cash, then set up standing order for subsequent rental payments. It worked out fine. The last time the T has viewed the property two weeks before move in and had paid for all LA fees upfront including referencing.
                        Any advice I give is my opinion and experience, I am as you also learning.

                        Comment


                          #13
                          To be fair to the T, they did ask me if i wanted cash. I was the one who said "into my account please". I think what they simply want is cash in exchange for keys + documentation.

                          Whereas for me, I would have loved the cash first, get it protected, print it all off and hand it to them and case closed. If I were to be collecting cash, i had need to go home to do the protection thing, then fix another day to hand it over to them. Its just an admin nightmare. Another reason it could be is that during the viewing, they were the only ones, had it been a open day with 4/5 other potential T, i am sure the situation would be different.

                          Comment


                            #14
                            You don't want to protect the deposit and provide the PI etc before the tenancy starts, it's a complication best avoided.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #15
                              Just dont like having dilemmas, guess it depends on which type.
                              As it stands the agent called to say they have received an offer, £50 more than what the T that i found on Upad is willing to pay. The T has also deposited £500 with the agent, they can only move in within 14 days.

                              My own T, wants to sign contract today and pay deposit today in cash ! in about 3.5 hrs time.

                              Comment

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