Advice on Evicting tenant - not quite as easy as it sounds..

RAS

So what date exactly did the tenancy start?

Is this the property for which the deposit is registered?

Do you understand the issues round Capital Gains tax?

RAS

scrat wrote: »

Yes that deposit i know of.
Started 1st April 2010

So tomorrow you need someone who knows and understands how to do a proper S21 to do it for you and you need to deliver it and get photo evidence.

It may cost but is a lot cheaper than making a mess of it.

If you wait another day, you cannot get them out until June.

scrat

Ok, thanks.

RAS

You have to give two month's notice, the tenant one month, but they can leave with no notice at the end of the rental period.

So try and suss out what they want to do.

And get proper advice about CGT. It may be worth mum moving into the house for 6 months before you sell it.

zzzLazyDaisy

I am sorry for your loss

RAS wrote: »

And get proper advice about CGT. It may be worth mum moving into the house for 6 months before you sell it.

There is probably no CGT issue. You need to check that the house was held as 'joint tenants' with your dad and your mum. You can download a copy of the title deed from the land registry for £4 if you don't have a copy. Assuming for the moment that the house is held as joint tenants, it passes automatically to your mum. No IHT will be payable.

CGT liability will then arise on the profit (difference in the value at your dad's death and the date of sale, iff the value has risen). But from that figure can be deducted the annual CGT allowance. So in real terms, in today's property market, the house is unlikely to rise much in value in the short term.

However if the house is held in your dad's sole name, or as tenants in common, and there is no will, then the intestacy laws may make the whole thing more complex, depending on the value of the whole estate (not just that one house). So it is important to be clear about this.

In any case, you should contact the probate office, if you have not already done so, as someone will need to be appointed as administrator of the estate if the value exceeds a certain amount (which it may do as there is property involved). The probabte office are used to dealing with bereaved relatives and will be able to advise you, or at least to point you in the right direction to obtain the necessary information.

princeofpounds

Don't start servicing notices unless you know where the deposit is. If it's not protected the notice is not valid. The tenant also needs to have the 'prescribed information' (not sure if I got the right spelling there).

You have stated that you have tracked one deposit down. There are only three schemes, you know the address. Ring all three, it will take you half an hour maximum.

tbs624

As PoP says, sort the deposit & prescribed info issue. Schemes are TDS, mydeposits, DPS. If you are intending on using a S21 then you have to be able to prove the deposit is scheme registered and prove that you gave the T the scheme's prescribed information.

As you are no longer using the LA, the LA should be removed from the deposit registration info held by the scheme so that you/your mother is listed as self managing LL. Talk to the scheme staff about how to do this.

If the deposits are with either TDS or mydeposits and the LA is still holding the actual deposit monies ( because they are insurance backed schemes, whereas the DPS is a custodial scheme) you will need to get that paid across to you pronto.

Others have suggested you join a LL association: you may also want to take a look at Landlord Law run by LL&T specialist solicitor Tessa Shepperson

rentergirl

You really need to pay and get proper legal advice from an actual solicitor. It will be worth it. I don't mean 'eviction specialists,' or bailiffs, but actual solicitors.

BitterAndTwisted

Rentergirl: the OP does not need a solicitor well-versed in the Landlord & Tenant legislation! That's likely to cost an arm and a leg, most especially if they are instructed to draw up all the proper documentation.

The OP can get all the help and guidance they need by becoming a member of a landlord's association. This will cost a great deal less than an arm and a leg.

I'm getting a bit tired of your presumably well-meant but sometimes less than helpful opinions on this forum

franklee

I agree joining a landlord's association is a good plan. Another option is something like landlord law which has several choices of ways to join and prices. Or there is the good old fashioned buying a book on the subject of which landlord law seems a good place to start. It's probably also worth looking to see if there is any legal cover in the insurance that the landlord took out.

Edit: Oops I see tbs624 has already recommended landlord law.