landlord renting advice

may_fair

angrypirate wrote: »

Deposit disputes will find in tenants favour on finders fee as they were only on rolling contract as you didnt sign a new contract.

It would appear that the tenancy was still within the fixed term, a term expiring in November 2011, with an understanding that it would be renewed for a further year.

thegirlintheattic

You should not be communicating with the partner as he was not your tenant.

frankie1star

I received a further email from her partner (quite threatening), he has offered to let me keep the rent until 22July, and pay £200 cleaning costs, which leaves me short by £170. I therefore will accept this, just to stop receiving these emails. £70 being the shortfall for the finders fee, and £100 to make good.

A lesson well learned, truly unnecessary if only I had been advised correctly by my new agent, to bring the old tenancy to an end with the old agent.

I have grave reservations about the ability of my new agent, which is whole new story.

may_fair

frankie1star wrote: »

I received a further email from her partner (quite threatening), he has offered to let me keep the rent until 22July, and pay £200 cleaning costs, which leaves me short by £170.

As I said before, the rent paid in advance is not refundable, so this is not what you'd call a generous 'offer'.

I therefore will accept this, just to stop receiving these emails. £70 being the shortfall for the finders fee, and £100 to make good.

As the rent is not refundable anyway, the actual shortfall is the whole of the finders fee of £670, plus the £300 cleaning/making good. Personally, I would not agree to settle nor indeed to deal with the tenant's partner (who is not party to the contract). If you really can't stand your ground in the event of a dispute like this, then you need to consider whether the letting business is right for you - because you could easily end up losing money if you roll over every time a tenant tries to pull a fast one.

A lesson well learned, truly unnecessary if only I had been advised correctly by my new agent, to bring the old tenancy to an end with the old agent.

I have grave reservations about the ability of my new agent, which is whole new story.

It is highly inadvisable to rely on agents - who are not legally qualified, and quite often untrained in even the basics - to advise you on the legal aspects of letting. You must do the research yourself.

frankie1star

Hello Mayfair,

I had a feeling you would say that about the rent, but because I made so many errors I thought I had to take it on the chin, I have learnt my lesson, I hope. The tenant is in for a year thank god, but I expect there to be a wrangle over cleaning, as new agent was in a hurry to accommodate them and didnt organise a thorough clean, which would have been another cost incurred by the tenant.

Thank you for your time, and I hope you dont mind me coming back to you as necessary.

may_fair

frankie1star wrote: »

Hello Mayfair,

I had a feeling you would say that about the rent, but because I made so many errors I thought I had to take it on the chin

You made errors in terms of failing to negotiate a good deal in exchange for agreeing an early surrender, and in failing to have a check-out inventory report done, yes, but that doesn't mean you're obliged to pay penance by refunding rent which is not refundable! (and kid yourself that you're only losing £170, not £970).

The tenant is in for a year thank god, but I expect there to be a wrangle over cleaning, as new agent was in a hurry to accommodate them and didnt organise a thorough clean, which would have been another cost incurred by the tenant.

I thought you spent £200 on cleaning, so what's the problem? What is there to wrangle about? (and why do I get the feeling that you're about to fork out for something you don't have to...?)

May I suggest a few websites where you can get information on being a landlord, and keep up to date with legal developments:
http://www.landlordlawblog.co.uk/
http://www.landlords.org.uk/
http://blog.painsmith.co.uk/

There's also the Landlordzone forum:
http://www.landlordzone.co.uk/forums/forumdisplay.php?3-Residential-Letting-Questions

frankie1star

The new agent instructed a carpet clean costing £200, in my opinion the house was not returned to its original state, as far as cleaning was concerned, nor were the ovens, which I had professionally cleaned.

Anyway thank you for your help, and I will look at the sites you recommend, I was going to ask where you do the research.

may_fair

frankie1star wrote: »

The new agent instructed a carpet clean costing £200, in my opinion the house was not returned to its original state, as far as cleaning was concerned, nor were the ovens, which I had professionally cleaned.

So basically the £200 you wanted to charge for cleaning didn't cover the actual cleaning cost following the last tenancy - ? Well, you know what I think so I'll shut up about it now.

Anyway thank you for your help, and I will look at the sites you recommend, I was going to ask where you do the research.

There are basics you need to know such as:

Housing Act 1988 (what an AST is, and how it can be unilaterally ended under s.8 or s.21, and how periodic tenancies arise)
Repairing obligations under s.11 Landlord and Tenant Act 1985
Deposit protection - which is in s.212-215 Housing Act 2004
Gas safety - obligation to provide certificate to T every year
Electrical safety - obligation to ensure it's safe (no annual certificate necessary)
Provide address for serving notices, in writing, under s.48 Landlord and Tenant Act 1987 (no rent lawfully due until you do)
Protection from Eviction Act 1977
(all statute may be found on http://www.legislation.gov.uk/)

Fancier stuff includes knowing about:

Early surrender (either by deed or by operation of law)
How T may unilaterally end the tenancy
Break clauses and the effect of exercising them
Case law relating to deposit protection (which has radically altered the effect of the statute)
Dealing with deposit disputes and T's liabilities
How to protect yourself against the risk of certain tenants, e.g. by insisting on a guarantor
Tenant's duty to behave in a tenant-like manner
Housing Health & Safety Rating System

Etc etc etc...this is just off the top of my head and there is much more.

frankie1star

how do you know so much?
I thought by appointing an agent i would be well covered,but clearly not, as I said naiive!

At the moment I dont envisage any problems with the new tenancy until it ends, although I am yet to see contract or new inventory check, I have requested these from new agent. He seems to be completely unprofessional. He let the house without sight of the gas certificate.

Just one more question regarding the new tenancy:-

As a thorough clean didnt take place, but also hasnt been noted on the inventory (I saw the new tenants one in the house) what state can I expect the house to be left in. Just so that I can be prepared when the tenancy ends (Believe me, the house was not trashed at all, it just wasnt returned to its pre let state of November 2010 and it is a fairly premium property).

may_fair

frankie1star wrote: »

Just one more question regarding the new tenancy:-

As a thorough clean didnt take place, but also hasnt been noted on the inventory (I saw the new tenants one in the house) what state can I expect the house to be left in. Just so that I can be prepared when the tenancy ends

The tenant must return the property in the same condition in which it was let, less fair wear and tear. Dirt isn't wear and tear, so it must be returned as clean as it was at the start of the tenancy; e.g. if the windows were clean at check-in, then they must be clean at check-out; but if they were dirty at move in, then T has no obligation to return them any cleaner and T cannot be charged for cleaning them.

If there's a dispute, then the onus is on the LL to prove his claims for deductions; evidence is usually in the form of inventory/condition reports at check-in and check-out.

See the deposit schemes' guidance, the last one in the link entitled 'A Guide to tenancy deposits, disputes and damages':
http://www.depositprotection.com/document-library/processes.aspx

The schemes' adjudicators actually impose a greater burden of proof on the LL than the courts do (though they'd deny this), which is why Ts tend to win disputes settled via ADR, and why in your case I recommended that you settle your dispute in the county court.