No more taking rent before signing?

[DPT57]

Ive now had another look at the Act and as far as I can see in the above circumstances a breach would still have occurred and a fine could still at least theoretically be imposed, although if the monies are refunded, (but maybe not if theyre retained as rent etc) then it would not invalidate a s21 notice....

[DPT57]

Alternatively, perhaps a landlord use s1(7) of the Act to give the tenant the option of either paying the rent and deposit into their account a few days before the tenancy begins or turning up on move-in day with the cash....

[DPT57]

So does this mean that if you take the first months rent and deposit less than 28 days before the tenancy begins then it is a prohibited payment until the tenancy begins at which point it is converted into rent and deposit and the breach is corrected? Are there other problems with this approach? S2...

[DPT57]

You can take a holding deposit of one weeks rent, although you will need a signed agreement with the tenant to change the date on which that is repaid or converted to rent/security deposit from the default 15 days....

[DPT57]

Yes, move-on. NLA = National Landlords Association. Rla = Residential Landlords Association. This is a minefield of legal and retulatory issues in which you can lose a lot more than a few grand in unpaid rent. You don't even know the basics so I strongly recommend you sign back up to an Agency until...

[DPT57]

The tenant has to give between 1 and 2 months notice to end an SPT depending on the dates, whereas with a fixed term tenancy they can leave without notice at the end and not even tell you their plans if they don't want to....

[DPT57]

It would be very unusual for the main entry door to a block of flats NOT to have a lock on it requiring a key at any time of the day....

[DPT57]

ARLA says that the practice of asking for rent/deposit in cleared funds prior to signing the TA will no longer be possible due to the wording of the Tenant Fees Act. See: https://thenegotiator.co.uk/tenant-f...t-months-rent/

[DPT57]

Have a look at this thread: https://forums.landlordzone.co.uk/fo...ee-be-returned

[DPT57]

If you think theyve gone abroad then dont waste your money trying to recover the rent but just gather as much evidence as you can that theyve abandoned the property so that you can re-take possession

[DPT57]

Only self manage if you are prepared to spend a lot of time learning the ropes, including the enormous amount of relevant legislation. You can do that through RLA/NLA courses and by avidly reading posts on this forum

[DPT57]

If the couples are related to each other then yes, its a single household....

[DPT57]

Was the inventory given to you after you'd signed the AST?

[DPT57]

Thanks all. I'm refunding the fee....

[DPT57]

If you buy a replacement online its usually a small extra fee to take the old one away.

[DPT57]

If its worth the same or less than you paid then there is no capital gain and therefore no CGT. You might need to prove this with a professional valuation though. If you are happy to gift it to him then talk to a tax advisor now about how best to do that.

[DPT57]

Cousins qualify as 'relatives' under HA 2004 so its a single household and not an HMO

[DPT57]

Youve already broken the golden rule of dont rent to friends or family and this is an example of one of the reasons. Your Son seems to feel a sense of entitlement about this property and waiting for you to gift it to him. Unless you are prepared to do that I fear it will sour the relationship. Even...

[DPT57]

Hmm! Thanks for that. As its only £20 I will probably refund it. I am a big admirer of David Smith, but I cant help thinking that as MdeB says, his comment relates more to s30(1)(b) rather than s30(1)(a)

[DPT57]

Quite right. I do my own legionella assessment because its more straightforward and a much smaller risk, but I wouldnt do a fire risk assessment as there is much more involved, a higher risk and much higher profile consequences.