Tenant fees ban (Wales)

[KTC]

Yes, that's the same never mind substantially the same. The premises as in the land and building....

[KTC]

You keep coming back with questions, and the answer is still the same.

If you had a fixed term only tenancy, which it appears you do, if all of you leave by the last day of the tenancy on 31st, the tenancy will end, no new tenancy will arise. One joint tenant cannot give notice for all...

[KTC]

There's not even a breach of contract here. The husband have right to occupy the property by being married to a tenant. More specifically, under the Family Law Act 1996, so long as his spouse remains a tenant, you can only evict or exclude him with the leave of the court.

You should check...

[KTC]

Well, there's no merger as the reversion and the lease isn't held by the same person in the same capacity. A person can't grant a tenancy to themselves, but it's not impossible for a landlord and a tenant to be the same person. Brings all kind of troubles from what I can tell, but it's not impossible....

[KTC]

Just leave. If they refuse to do a handover, take loads of picture documenting the condition of the place (as you ought to anyway), and post the keys through the letterbox, then let them know by message or email.

[KTC]

There will still have to be a hearing. Default judgment may not be obtained for a claim under the Part 8 procedure. In theory, if the defendant failed to file an acknowledgment of service, they "may attend the hearing of the claim but may not take part in the hearing unless the court gives permission"....

[KTC]

What do you mean by "rolling". If the initial tenancy was a fixed term only, then the tenant is currently on what's commonly referred to as a statutory periodic tenancy, which arose pursuant to s5 of the Housing Act 1988. Alternatively, the tenancy agreement explicitly stated that the tenancy...

[KTC]

Make that a non-shorthold assured tenancy, and an idiotic rogue landlord. As Lawcruncher once point out on another thread, a notice that say the tenancy is not shorthold makes it non-shorthold, but a notice that say the tenancy is not assured is of no effect. So long as the criteria for assured is satisfied,...

[KTC]

Up to this part, the answer is sure, that's fine. But...



... You're receiving income, whether directly from your tenants of 3, or from your son, I can't imagine why you wouldn't need to declare it to the tax authorities....

[KTC]

The gain or loss part are actually pretty easy to satisfy, the person merely has to intend to make a gain for himself or another, or intend to cause loss to another or to expose another to a risk of loss. The actual gain or loss doesn't even have to happen, just intention is enough. Letting something...

[KTC]

Your logic and understanding of the law need some work. I asked for specific references to the legislation to back your arguments up, not just a basic repeat of what you said.

Fraud in England and Wales is a statutory offence under the Fraud Act 2006. It's broken down into three classes...

[KTC]

Yes, the agent can charge the landlord for its work.

[KTC]

Wales version of the tenancy fees ban will come into force in September:

https://gov.wales/law-ban-letting-fe...s-royal-assent

[KTC]

[REPOST: How on earth does removing a surplus end quote tag triggers the spam filter? ]



That is a pretty clear statement that the agreement is for a fixed term tenancy of 12 months in length.



What the heck does that even mean?

"From...

[KTC]

An authorised scheme may get away with only dealing with the "Lead Tenant", I seriously doubt a landlord could. The legislation explicitly say that PI must be given to the tenant and any relevant person....

[KTC]

You seems so sure of yourself. Please do educate us by explicit reference to the appropriate section of the Fraud Act 2006 that back up what you're saying.



Well, considering DSS have been dissolved since 2001, it's a bit difficult to be in breach of that clause..... And blanket...

[KTC]

Just leave by the 31st as above.

Incidentally, have your deposit been protected and prescribed information given to you? Can you evidence you paid the deposit?

[KTC]

If you have previously sent them a cheque for the deposit, then you have already returned the deposit (at least to the amount in the cheque). That they never cashed the cheque is their problem. (This is assuming they actually got your cheque, and that the cheque will clear first time if and when they...

[KTC]

I'll go with what they put down in writing because 1) you can actually evidence it if ever required, and 2) it actually matches the legislations and DPS's terms and conditions.....

[KTC]

Assuming everything goes as planned. OP should have sufficient cashflow for the possibility that a tenant stop paying rent and it taking several months to evict....