Problem with Tenants

anewbe4u

Fire_Fox wrote: »

What do you mean she had three lodgers, did your mum live in the flat??

No. Sorry, I meant Tenants!

Brallaqueen

IANAL but as I understand it you cant legally enter into a contract if you are under 18, so the 17 year old will be a sticking point as they can't be held to terms and conditions (such as paying rent). This could even extend to any contract signed when under the legal age so get a solicitor asap because this could get messy.

Some evidence for my assertions :
http://news.rla.org.uk/index.php/archives/tag/under-18

anewbe4u

PasturesNew wrote: »

Are their deposits protected in the TDS?
Is there gas, is there a gas certificate?
How many floors does the house have/is it an HMO? Does it have/need a license?

What dates did they move in? How long was their first AST before they each went to periodic?

1- No idea - Sorry
2- No Gas
3 - 1 floor - No idea

No idea! Sorry

Jowo_2

Well if the property is in England/Wales, your mother hasn't protected their deposits and should have, she cannot serve valid notice on them and risks being taken to court and ordered to pay x3 the sum of the deposit to the tenants as a penalty. This needs immediate checking and compliance.

If there is a gas boiler and gas appliances and she has no gas safety certificate (required on an annual basis), then she risks being prosecuted and fined. Some landlords have been imprisoned (because they killed their tenants through carbon monoxide poisoning).

Only properties of 3+ habitable storeys with 5+ tenants (composed of 2+ households, i.e. the tenants aren't related) have to have a HMO licence on a mandatory basis but some councils have bought in licences for smaller properties. Check the local council website for HMO licence criteria.

Is this a buy to let mortgage?If not, did she get consent from her landlord to let out the property and does she hold landlords building insurance?

clutton_2

with regard to under 18's signing an AST - under contract law there is provision for under 18's to be allowed to sign contracts providing "necessaries" - ie things which are necessary, such as food, medicine or shelter)

i have let to 17 year olds before now...

""Unless they just leave without a fuss?"" - and just how do you propose that is going to happen ?

IF your mum has given them a proper contract, legally drawn up and legally signed, then they do not have to leave until she has obtained a court order..


your mum needs serious professional help here... if she goes to a solicitor... it will cost hundreds of pounds to get them out.

To use a firm who specialise in tenant eviction - google LandlordAction

anewbe4u

Jowo wrote: »

Well if the property is in England/Wales, your mother hasn't protected their deposits and should have, she cannot serve valid notice on them and risks being taken to court and ordered to pay x3 the sum of the deposit to the tenants as a penalty. This needs immediate checking and compliance.

If there is a gas boiler and gas appliances and she has no gas safety certificate (required on an annual basis), then she risks being prosecuted and fined. Some landlords have been imprisoned (because they killed their tenants through carbon monoxide poisoning).

Only properties of 3+ habitable storeys with 5+ tenants (composed of 2+ households, i.e. the tenants aren't related) have to have a HMO licence on a mandatory basis but some councils have bought in licences for smaller properties. Check the local council website for HMO licence criteria.

Is this a buy to let mortgage?If not, did she get consent from her landlord to let out the property and does she hold landlords building insurance?

Hiya,

By protecting their deposits, do you just mean, kept hold of them, or is there some thing she needs to do with them?

Its not Buy to let and do you mean the Mortgage company? She has got permission from them and yes, she does have Landlords building insurance.

Thanks again.

anewbe4u

clutton wrote: »

with regard to under 18's signing an AST - under contract law there is provision for under 18's to be allowed to sign contracts providing "necessaries" - ie things which are necessary, such as food, medicine or shelter)

i have let to 17 year olds before now...

""Unless they just leave without a fuss?"" - and just how do you propose that is going to happen ?

IF your mum has given them a proper contract, legally drawn up and legally signed, then they do not have to leave until she has obtained a court order..


your mum needs serious professional help here... if she goes to a solicitor... it will cost hundreds of pounds to get them out.

To use a firm who specialise in tenant eviction - google LandlordAction

""Unless they just leave without a fuss?"" - and just how do you propose that is going to happen ?

She gives them 2 months notice, they abide by it and leave?


IF your mum has given them a proper contract, legally drawn up and legally signed, then they do not have to leave until she has obtained a court order..

Even if they have broken terms of the contract?

anewbe4u

Also, she is seriously considering selling the place.

I have rented before and was given my notice to leave, due to the owner wanting to sell and I moved out without issue. Are you suggesting I could have stayed and waited for a court order to chuck me out?

Fire_Fox

anewbe4u wrote: »

Hiya,

By protecting their deposits, do you just mean, kept hold of them, or is there some thing she needs to do with them?

Deposit protection has been mandatory since 2007! If the deposits are not lodged in one of the three schemes within 14 days of the start of the tenancy then your mum could be taken to court for three times the deposit plus costs. Seriously she needs to get professional and fast.

Jowo_2

anewbe4u wrote: »

Hiya,

By protecting their deposits, do you just mean, kept hold of them, or is there some thing she needs to do with them?.

From 6 April 2007, all deposits (for rent up to £25,000 per annum) taken by landlords and letting agents for Assured Shorthold Tenancies in England and Wales, must be protected by a tenancy deposit protection scheme.

http://www.direct.gov.uk/en/TenancyDeposit/index.htm

If this applies, she needs to sort this out first and then issue the notice to the tenants. Also, get on top of the gas safety regulations before she kills the tenants or gets reported to the local council environmental health.

As she seems highly disorganised and a complete novice, perhaps she'd be better off employing someone like Landlord Action to serve the notice. If she completes the notice incorrectly, the tenants remain in the property and she goes to court, the judge will throw out the court case and she has to begin again from scratch, ending up with many more months delay.