Return of rent?

tbs624

sockpuppetuk wrote: »

I dont think I ever mentioned that we didn't take out LL insurance cover or get gas and electrical checks did I? .. maybe thats because we did.
I dont think we were able to notify the mortgage company about letting the property because .. we dont have a mortgage.

If you look back at my original post you'll note that "if" at the start of the sentence.
People letting out their own home who fail to fulfil some parts of their LL obligations often fail to fulfil the rest too (including declaring the rental income to HMRC)

sockpuppetuk wrote: »

As for the 2 month notice, that would not have been a problem once we had known.

The notice period is a very, very basic tenet of LL & T law - your Tenancy Agreement and your actions sought to remove your tenant's statutory right to appropriate notice. You should have researched this bit before you let your home out.

sockpuppetuk wrote: »

Registering the deposit, no didn't do that but on the plus side put it into premium bonds for safe keeping and won £50;)

Sorry but my humour isn't on the same level - that sort of attitude stinks and gets all LLs a poor name..

You failed to comply with the law - as a couple of us have said you have been extremely lucky so far. No deposit registration - no valid S21 may be served.Check out the Protection from Eviction Act 1977.You'll have to hope that your tenants aren't signed up to MSE and perusing your thread.

Hopefully you can get re-settled and get a good school for your child, but if you get the wanderlust again for goodness sake do the right thing by any potential tenants or just sell up.

littlemissmoney

sockpuppetuk wrote: »

we could return at any time. This was why they were paying half the going rent for a 3 bedroom house.

Renting at below market rent does not exempt you from LL/tenant law

sockpuppetuk

Just as a matter of interest how long has the 2 month notice been in effect?
The contract we had drawn up stipulates 1 month.














/

littlemissmoney

sockpuppetuk wrote: »

Just as a matter of interest how long has the 2 month notice been in effect?

No idea, but it's certainly not a recent thing.

sockpuppetuk wrote: »

The contract we had drawn up stipulates 1 month.

The contract cannot overrule the tenants legal rights. Where did you get the contract from?

You might find this useful:

http://england.shelter.org.uk/get_advice/advice_topics/eviction/eviction_of_private_tenants/notice_from_the_landlord



Edit: Bit of googling and I think the 2 months notice was introduced in the Housing Act 1988.

clutton_2

the contract you had drawn up was wrong - its 2 months notice for tenants.

you have gone into this in a half hearted fashion, and now dont like the fact that you cannot have things all your own way - sorry if this sounds blunt - but thats the reality of your situation.

as many others have said - and please stop being so defensive - you are in the wrong in so many ways - you just might as well bite the bullet - pay them what they want and get on with your life - if they take you to court it will cost you a great deal more - not only in money - but in time and stress and upset.

zzzLazyDaisy

You really did not do your research before you let this property did you?

This booklet explains what a tenant's rights are

http://www.communities.gov.uk/documents/housing/pdf/138289.pdf

The last significant changes to the law relating to private tenancies were made in 1997. The requirement for a landlord to give two months' notice on an Assured Shorthold Tenancy was certainly in place from that date, and was probably in place since the Housing Act 1988 (although I haven't checked this).

I think you may be confusing the TENANT's notice obligation which is indeed one month. But for the landlord it is two months. If the contract that you had drawn up provides for one month's notice on either side, then so far as it relates to your own obligations as landlord, it is invalid.

Further, as other posters have pointed out - if the tenancy came into effect after April 2007, you have a legal obligation to register the deposit with one of the statutory schemes. You have not done this, which means you cannot apply to the court for a possession order. However, your tenants have the right to make a complaint to the court about your failure to comply with your legal obligation to register their deposit, and if they take this step, you will be ordered to pay compensation to them equivalent to three times the amount of the deposit.

If I were in your shoes I'd hope and pray that they do not take legal advice, and I would certainly not do anything to provoke them into doing so.

Daisy

sockpuppetuk

clutton wrote: »

the contract you had drawn up was wrong - its 2 months notice for tenants.

you have gone into this in a half hearted fashion, and now dont like the fact that you cannot have things all your own way - sorry if this sounds blunt - but thats the reality of your situation.

as many others have said - and please stop being so defensive - you are in the wrong in so many ways - you just might as well bite the bullet - pay them what they want and get on with your life - if they take you to court it will cost you a great deal more - not only in money - but in time and stress and upset.

I am not being defensive just stating the facts.
I posted here for a reason which was to find out how we stand with regard to our situation and now I know so thanks to all that contributed.

tbs624

sockpuppetuk wrote: »

Just as a matter of interest how long has the 2 month notice been in effect?

Check out the Housing Act 1988 S21 (as amended by the Housing Act 1996)

sockpuppetuk wrote: »

The contract we had drawn up stipulates 1 month.

..and *who* drew it up? It is irrelevant what you have in your contract - you cannot override the law.

tbs624

Aah - here we go

sockpuppetuk wrote: »

Does anyone know where I can download a free rental agreement form?
I have found online contracts that require payment before printing but wondered if anyone had a free site.

Thanks.

and

sockpuppetuk wrote: »

My description as rental is probably over the top, we are letting a member of the family have the house and they will basically be just looking after it and paying the bills until we have decided whether the move is actually going to work (we have a child with Down's syndrome and want to make sure that the Spanish education system and way of life is going to work for him more than us really), therefore there will be no income from the house as such.
We will not be registering in Spain as residents for the time being.

While I am at it .. we have approx £10,500 left on our mortgage .. I can just about afford to pay it off .. would this be a good idea or should I just get it down to a few thousand so the BS keep the deeds for nothing.
If we pay it off then they also require around £300 for "admin" costs".

Thanks for your help so far.

If you have a tenancy agreement and they are paying you rent, then that makes it "a rental"

silvercar

Talking generally, from the landlord's point of view, if you are prepared to let a property at half the going rent in return for the tenant agreeing to forego certain pre-defined and agreed legal rights (eg not be given 2 months notice), is this ever legally possible?