Landlady query - what would you do?

tbs624

If you have given your T a new Fixed Term contract at any point after 6 Apr 2007 then yes, err on the safe side and get the deposit registered. Give the T the scheme's prescribed info. Don't serve a S21 until after the deposit has been registered.

Two of the schemes are insurance based and the LL retains the actual funds for the duration of the tenancy (TDS and mydeposits - fees payable) The third requires that the LL physically pays the deposit monies across to the scheme at the start of the tenancy.(DPS - free to use)

missile

Rubyspearl wrote: »

Ta all. You are right I must have morphed into a troll over the past few years.
So here goes a few more numpty questions
Would we be obliged to pay any outstanding bills if there were any if he left?
How long back would arrears be considered when serving notices and would these not need to be 2 consecutive months?
I think we may need some professional advise - will have to speak with a solicitor for this next week as I am way out of my depth and to be honest a bit terrified
I wish we had never got the house as it causes no end of worry - note to self never befriend a business acquaintance as it will undoubtedly end in tears
Thanks again

I don't think you are a numpty, but perhaps a little to nice to be a LL. If you need advice, I suggest you post your questions on LL zone. If you do go to a solicitor, make sure you consult a good solicitor who specialises in property letting litigation:)

Rather than incur legal fees, I would speak to the tenant. Tell him you want to sell the property and offer him 1 or 2 months rental to be paid if he will vacate at the end of his current months rental period.
That worked for me when I had a tenant from hell :T

tbs624

Rubyspearl wrote: »

Would we be obliged to pay any outstanding bills if there were any if he left?

Does your tenancy agreement clearly state that the T is responsible for meeting utility bills/C Tax etc? Did you take meter readings and notify the utility providers when the T moved in? If the T is required to meet those costs and the bills are in the T's name then the utility providers would need to pursue him.

I would get the tenancy deposit registered (can be done online, takes 10 mins max) give the T the scheme's "prescribed information" and then get that Rent Statement drawn up, and given to the T as a first step. Your T may not be aware that if he loses his home due to unpaid rent then the Council are likely to class him as having made himself homeless.

You will need to serve a S21 Notice along with S8, ( Gr8, 10 and 11- as applicable) because a T can defeat a S8 action by paying down some/all of the outstanding rent prior to the court hearing.

You may want to consider joining a national LL association (NLA or RLA) or a local affiliate. Even though you are not going to be continuing as a LL if you are selling up, it would probably be cost effective. The membership fees are tax deductible and they can guide you through the Notice process.

As Missile says, if you use a solicitor make sure that you check (via the Law Society) that s/he is experienced in LL&T law. It's not unknown for a solicitor to get the dates wrong an a S21 and then you would be back to square 1. A solicitor's fees can also be set down against your rental income.

Alternatively, there are "eviction specialist" firms who will do the job for you - google - but make sure that they are a bona fide set up.

Offering a T money to go can backfire on you - he may agree to move out on x date, in return for say, 1k, and then at the last minute decide that he wants to stay put a bit longer unless you are prepared to "up your offer"