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Property at Auction
Comments
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At least you can deduct the deposit (if any exist) from the rent arrears you will have to pay the seller. You won't have to return the deposit because there is unpaid rent.0
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We confirmed the signature on the AST was the T's verbally in person. Is this sufficient ?
No idea - ask your solicitor. My comment was simply aimed at making sure you are confident that the tenancy is an AST and that the T won't suddenly turn round and say "I've lived here since 1973 and don't recognise that piece of paper" which would be a disaster.0 -
Am not clear what you mean by this. We have asked the tenant to provide proof of any rents or deposits they have paid. None have been provided even though they claim the council paid the LL 1k in deposit. Not corroborated by any evidence.
If she did pay a deposit would we be liable, to be honest she owes us 6k in rent arrears anyways.
Is there a point I am missing here?
Yes, you can't successfully bring eviction proceedings unless the deposit was placed in one of th schemes AND the tenant was given the appropriate documentation. In order to evict, you may have to give the deposit back. The one the current owner says does not exist.
Councils quite often give an indemnity for one month's rent, rather than handing over cash. I'm not clear whether a 3rd party deposit needs to be protected in the same way as one from the tenant.No reliance should be placed on the above! Absolutely none, do you hear?0 -
Am not clear what you mean by this. We have asked the tenant to provide proof of any rents or deposits they have paid. None have been provided even though they claim the council paid the LL 1k in deposit. Not corroborated by any evidence.
If she did pay a deposit would we be liable, to be honest she owes us 6k in rent arrears anyways.
Is there a point I am missing here?
You are liable for the original deposit and its ongouing protection.
The seller should pass it on to you otherwise you will have to fund it out of your own pocket.
You can set the unpaid rent against it when T eventually leaves, but that's no use to you if it was your money in the first place.
IMHO the vendor is trying to pull a fast one here. Insist that they prove the rent arrears exist or you wont pay them. (You will, of course, need this proof to evict)
tim0 -
No idea - ask your solicitor. My comment was simply aimed at making sure you are confident that the tenancy is an AST and that the T won't suddenly turn round and say "I've lived here since 1973 and don't recognise that piece of paper" which would be a disaster.
If he's evicting based upon 6 months arrears, it wont make much difference0 -
tim123456789 wrote: »If he's evicting based upon 6 months arrears, it wont make much difference
It could do, as rent arrears are only a discretionary ground for eviction if its a rent act tenancy. Like I said, it pays to be certain of the type of tenancy when buying at auction and not to take a piece of paper at face value.0
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