N245 form with bank balance omitted

[doobrey]

Depends on the Agency Agreement. In my experience, though, the norm is commission on "rent due" rather than "rent collected", in which case the answer to the question is yes they do.

To date I haven't (touch wood) had any rent defaults so it hasn't been an issue for...

[doobrey]

Yes, you would....

[doobrey]

It is defined in the Housing Act 1988.

See for instance https://england.shelter.org.uk/profe...ncy_definition...

[doobrey]

You can agree a two month AST, but you will not be able to evict via S21 until the tenant has been in residence for six months. I presume you are proposing a short AST because you want possession after that period. If so, it is risky.

[doobrey]

Sale and rent back is regulated under the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, therefore I presume this should not have happened in the first place.

Tricky situation, though, since the incentive now may be for the LL to issue the tenant with a Section...

[doobrey]

Wouldn't savings typically be in a bank account?

I realise that it can be circumvented e.g. by withdrawing cash then making the declaration truthfully and then paying it back in again. But that's the limitation of the system. There should be a valid attempt made to require a declaration...

[doobrey]

I called Citizens Advice, who seemed to agree with my point but could not add anything other than to advise consulting a solicitor.

I sent a few emails to the County Court Business Centre and elicited an answer of sorts:



This doesn't really address the issue in...

[doobrey]

Wouldn't have thought so. I wouldn't be. (Except perhaps at the prospect of having to deal with utility companies, which can be time consuming and immensely tedious.)

I don't see that you are likely to be held accountable for someone else's debts. Just be clear when you became responsible...

[doobrey]

I have used a couple in the past. Happy to share info. Send me a PM if you would like details....

[doobrey]

Have you tried a tracing agent?

[doobrey]

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[doobrey]

Good for you.

[doobrey]

Pretty much as above (post #3)

I have also got one case of persistent arrears. In that case there could be an argument either way (i.e. an increase in rent could prompt him to leave, or could just exacerbate the existing problem by increasing the amount due). To date I have left his rent...

[doobrey]

For the rest of the tenancy.

If you are happy for the tenant to stay and have no intention of evicting them, I would (and do) clearly state this to give them some peace of mind.

LLs' rights to seek possession are limited enough already, so retain all you can (but of course...

[doobrey]

Another one I had at around the same time as the issue described in post #23 was the matter of the inverted mattress.

Having been quite alarmed by the levels of competence indicated by the report about the stained mattress protector, I travelled approx 500 miles to the property to see for...

[doobrey]

I have had similar problems in the past (same city as you, as it happens). This one was a real facepalm from about a year ago:



This was from the agent that manages the property. That was responsible for the checkout of previous tenants, inspections, reletting, etc. After it...

[doobrey]

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[doobrey]

No, I don't trust what they say on this matter because they seem unable to explain their response, and I don't want to rely on it.

I would like to insist on the debtor declaring a bank balance. I think they should. But can I?

[doobrey]

That could be the case. Hence I think they should be required to declare this information. But the Courts and Tribunals Service are telling me that not doing so is acceptable.

[doobrey]

I have got a CCJ against a debtor. This morning I received a completed N245 form, wherein they stated that they can afford to pay £20 per month.

In Section 4, they have stated that they have got a bank account (which I know to be true) but have left the box for the balance blank. I would...