Allocation of rent

[doobrey]

I would agree.


By way of an update on this issue, I sent FH an email in early June, which among other things asked for an explanation for the legal basis of the demands being made (i.e. that I replace my door to their specification and pay for their supervision). There is nothing...

[doobrey]

Lodgers or tenants?

The text you have quoted does not sound like part of a lodger agreement.

A lodger's deposit does not have to be registered with a deposit protection scheme....

[doobrey]

https://www.arla.co.uk/media/1045929...appliances.pdf



https://www.glasgow.gov.uk/CHttpHand...x?id=29872&p=0

Etc....

[doobrey]

Unless I am much mistaken, EICR and PAT are mandatory.

https://www.gov.scot/binaries/conten...appliances.pdf...

[doobrey]

'Live out' would be the default case and seems clear to apply here based on what OP has said e.g....

[doobrey]

I don't see why this would not be legitimate (assuming that replacing lightbulbs and smoke alarm batteries was the tenant's responsibility, that is - which doesn't seem to be in dispute here).

It costs money to get damage repaired, or cleaning done, or rubbish removed. The bulk of these...

[doobrey]

I believe it is generally accepted that LL cannot require a professional clean, and such a clause in the tenancy agreement would be deemed an unfair term.

The issue is whether it is sufficiently clean, not who does it....

[doobrey]

OK, I see your point.

Ending the current tenancies and re-letting to a single household may seem excessive in order to save on cost of council tax for a limited period.

Of course there are other factors to consider that we don't know about and as such yes, LL might consider...

[doobrey]

I have been to court a few times and it hasn't been expensive. The time and inconvenience may be more significant than the £££.

If you win, you should get costs awarded. No guarantee, of course, that they will be paid....

[doobrey]

Yields seem fairly horrendous. £850 pcm on a £220k property is 4.6% gross with no voids.

Rental return is low, compliance requirements and risk are high.

I don't see much of a case for buying unless you can do something clever or find something genuinely underpriced.

[doobrey]

1. I don't think there was any suggestion that the tenancy might be lost over this issue, whatever the outcome of the council tax question.
2. It's still an HMO as far as I can see, in which case there is nothing to call the council about....

[doobrey]

Basically the court fee. Sliding scale according to the amount claimed.

https://www.gov.uk/make-court-claim-...ney/court-fees

[doobrey]

There are different criteria for different things (council tax, planning, licence).

Letting to a single household is a change of use from C4 to C3. This was recently discussed on another thread. As per that discussion this is a permitted development so I believe there is no requirement...

[doobrey]

I think it would remain an HMO unless you had occupation of the whole property.



https://www.londonpropertylicensing....ay-council-tax...

[doobrey]

As above.

Sounds more like "providing furnishings" than "storing items" to me.

[doobrey]

Yes, it is. Since asking this question I have done further research and I think I am now clear on what's what.

If the person paying (in this case the tenant) specifies what their payment is for then this takes precedence.
Otherwise, payment should be allocated to the oldest debt....

[doobrey]

Rent is payable in advance, yes.




I would agree. But is there an authoritative reference (like legislation, code of conduct, etc.) that I can back this up with?




I know what the situation is. They propose to treat arrears separately and...

[doobrey]

Thanks. Makes sense.

Seems to me then that 'oldest first' is preferred because -
a. It is simple and intuitive.
b. It would be fairer in the case where interest was involved (which isn't currently the case here, but it could become relevant in case of default & court)...

[doobrey]

I have been having a discussion with my agent about allocation of rent in a case where there are arrears. Agent advises that rent and arrears have to be kept separate due to the ongoing obligation to pay a given amount by a given day as per AST.

Example: Rent is £500 due on the first of...

[doobrey]

That's interesting. And if representative, it is bad news for those of us who use agents.

I would presume that it is because of bad experiences / negative perception as per post #3....