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section 21 notice but paid rent!

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Comments

  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    edited 26 November 2011 at 10:25AM
    Roadhog says - ""Some LLs do rely on the regular income, which they shouldn't"" - and why shouldn't they ? I am a LL and i run a business, this is my income, and i do rely on it... what an insane thing to say..... no wonder we have such differences of opinions.....


    s/he also says
    ""Might be something to do with the fact that I've not increased the rent in all that time."" - you're a fool then. When interest rates go up, and you have to increase rents by a massive amount, your tenant wont be so happy with you then. Small and regular increases are far better all round.

    the whole of landlord and tenant legislation needs updating, as it is both fair, and unfair, to each side in various circumstances... but its what we have and its what we have to work with right now. I doubt its high on any governments agenda to change right now.

    What should be on the governments agenda is the shortage of housing - period.
  • theartfullodger
    theartfullodger Posts: 15,860 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 26 November 2011 at 11:56AM
    Road_Hog wrote: »
    .....I don't know what is asked for, because it is done through a lettings agency. I must be doing something right, because my current tenants have been there over 10 years. Might be something to do with the fact that I've not increased the rent in all that time.
    Small gentle hint: Ask agency for copy of all the checks they did (simple check on their effectiveness and filing ability) and next time you let a property ensure all the normal checks (& I'd say more - previous-not-current LL reference, copy of Driving License/Passport & payslips) are done .. in case they "escape" and you have need to take legal action.

    Don't trust the agent to do the right thing: There's way way way too much evidence they often don't (for tenant, landlord, neighbours, ...). Last time I paid a solicitor/lettings agent (same firm) to raise a tenancy agreement I needed to rewrite it for them as they'd left out 3 key points.. yes, I do my own now...

    If they're checked out for credit worthyness, that's so that they can pay the rent. It's my business (tax is paid on it), they have no right to enquire into my personal circumstances. Just like when I rent something, I don't get to know the company owner's personal details.
    £1 to Companies house usually gets you all Directors names and often home addresses also of any UK Company: [I'm in process of writing to those addresses for directors of both G**gle UK & BSKYB as they've sc**ed up charging to me...].

    You might be surprised to find what info is available on't t'InterWeb about people - Company Owners, Landlords, Tenants - from Facebook etc etc etc etc etc... Try Googlin' your name some time

    Tenant is perfectly entitled to (indeed may be criminal offence if withheld) your real home address. In sensible countries prospective/actual tenants can check if a Landlord is registered, their home address, other properties being let etc etc..

    T is entitled to grass you up to authorities (eg HMRC, Council, your lender,.) if he suspects you are cheating: Indeed many would say it is one's civic duty to do so,,

    IMHO the mob most needing regulation and control are Agents... but Dave canceled Labour's Bills..


    Cheers & best wishes to all, including those who don't agree with me..

    Artful

    PS Completely agree with Clutton
  • Road_Hog: As well as what Artful suggests above, I'd also check the amount of rent charged. You say you haven't put it up in 10 years. I've known private LL to do this as sometimes they would rather keep the reliable trustworthy tenant at a slightly lower rent than put it up, and take chances with what could happen next. But, I've never known of LA to not put up the rent on a regular basis as this also puts their commission up.

    An agent we used to go through put the rent up when we took over a tenancy from a family member. We were told the LL was putting it up but later found out he had no idea and the LA were pocketing the extra.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    ""Tenant is perfectly entitled to (indeed may be criminal offence if withheld) your real home address.""

    no a tenant is not entitled to my home address. A tenant is entitled to an "Address for Service of documents" - that could be my agent, my accountant or some other address - but i dont think a court would accept a post office box address.
  • One LL we had gave his address as the one we were renting. Most likely because he hadn't informed the bank he hadn't bought the house to live in himself!
  • theartfullodger
    theartfullodger Posts: 15,860 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 13 December 2011 at 8:53PM
    clutton wrote: »
    ""Tenant is perfectly entitled to (indeed may be criminal offence if withheld) your real home address.""

    no a tenant is not entitled to my home address. A tenant is entitled to an "Address for Service of documents" - that could be my agent, my accountant or some other address - but i dont think a court would accept a post office box address.

    Oh yes he is entitled to your real home address... see..

    http://www.legislation.gov.uk/ukpga/1985/70/section/1
    1 Disclosure of landlord’s identity.
    (1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—
    (a)any person who demands, or the last person who received, rent payable under the tenancy, or
    (b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,
    that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.
    (2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
    And yes, that means real address, not c/o agent..

    And no, some Landlords don't like that but it is the law..

    If you don't believe me check with a Solicitor specialising in LL/T law...

    PS Address for service of documents (see LL&T Act 1987 S48..) does allow c/o agent etc...
    http://www.legislation.gov.uk/ukpga/1987/31/section/48
    - but that is a different law, they both apply... [corrected as per jj's advice below..]

    See also
    http://www.landlordzone.co.uk/landlord%27s_address.htm

    Cheers!
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    edited 13 December 2011 at 8:50PM
    clutton wrote: »
    no a tenant is not entitled to my home address. A tenant is entitled to an "Address for Service of documents"

    Actually, both.
    T must be provided with an address for service of documents, or rent is not due. [section 48 of Landlord and Tenant Act 1987]
    Anf if T requests it in writing to the person he pays rent to, he must be provided with his landlord's name and address. [section 1 of Landlord and Tenant Act 1985]

    Edit: Artful posted an actual quote of the statute above while I was dealing with the Tesco delivery guy ;)
    PS: Artful, address for service of notices is as per s.48, not 47.
  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    If you don't believe me check with a Solicitor specialising in LL/T law...


    Or better still Clutton, nip over to "propertytribes" and ask them :rotfl:
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