Section 21 Help

BitterAndTwisted

"6. Again its off the top of my head so I could well be wrong, but I'm sure that's what I've seen on previous paperwork, we have a shared laundry room as well as an option in tenancy agreement to have washing etc done for the tenants."

What on earth does this mean: you could arrange for the tenants' laundry to be done? At whose expense? This is a most strange arrangement and a curious clause in an agreement.

I would urge you to make arrangements to live elsewhere before you get any paperwork delivered to your troublesome tenants.

franklee

Hi daisydoomoo, I think you need to be getting a lot of detailed help and second the idea of joining a landlord's association. In addition some other links useful for reading up and asking questions:

http://www.landlordlawblog.co.uk/
http://www.propertytribes.com/
http://www.landlordzone.co.uk/forums/forumdisplay.php?3-Residential-Letting-Questions

You can join landlordlaw for a small fee e.g. I understand there's loads of help serving the S21 on there.

Also make sure your insurance is up to scratch.

RAS

Hi

You and OH need to identify and occupy alternative accomodation for the next few months. Get a 6 months let on a studiio somewhere.

That means that you are not physically available to push and prevents your from coming into contact with people who can claim that you have harassed or abused them, using other family members as witnesses. You need to be off site.

How much were the deposits and were is the money at present .

NOTE - you can reply and them hit the edit button to remove specific information later.

G_M

daisydoomoo wrote: »

2. The advice I have been given regarding the deposits was that deposits can either be returned before issue of S21 or protected retroactively - misinformation it would seem but regardless we would do whatever it takes.This used to be true. The law changed in April 2012. You now have no choice.
..4. Apologies, they moved in that year but are on a 12 month AST which has been renewed every year since, not executed as a deedIt only needs to be a Deed if it is longer than 3 years. If they were 12 month contracts, you are fine. and also the tenancy agreement is not a standard one and has been pulled off net then edited (by partners mum) would not be surprised if it in itself wasn't right.This should be fine, though be aware that clauses within it may be unenforceable. Just because a landlord inserts a clause (eg tenant must clean the windows every week) does not make it legal/enforceable
6. Again its off the top of my head so I could well be wrong, but I'm sure that's what I've seen on previous paperwork, we have a shared laundry room as well as an option in tenancy agreement to have washing etc done for the tenants.

Re 6 - The precise content of the tenancy agreement, PLUS the actual set-up in the building (who has access to which parts? Is it 'exclusive' access? What shared areas/facilities are there) is all pertinant in determining the naure of the tenancy - and hence the rights of the tenants.

The advice to move out is good provided you do not thereby alter the nature of the tenancy to your detriment (ie no longer resident landlord). However my guess on the limited info at this stage is that they have ASTs and moving out will not alter that.

You need expert advice.

RAS

I wonder how long ago partner's mum took on this business?

A very long time ago, it used to be that providing a service to tenants altered the type of tenancy arrangement. My LL thought that the fact that he paid for the leccie for the fridge meant we had fewer tenancy rights. it would have done under the law at the time if his idiot handy man had not wired it to the main kitchen meter!

tim123456789

daisydoomoo wrote: »

6. Again its off the top of my head so I could well be wrong, but I'm sure that's what I've seen on previous paperwork, we have a shared laundry room as well as an option in tenancy agreement to have washing etc done for the tenants.

It's irrelevant what the paperwork says, whether you are a resident LL or not will depend upon the facts.

And if these are professionally constructed individual self contained units then you are not.

If, OTOH it was once a single property and has been amateurly converted into individual units then you are (assuming that is that the then-LL was in residence when the tenancy started).

Sharing something as trivial as a laundry room is irrelevant.

Of course, being a resident LL is critical to your position here as if you are you never needed to protect the deposits so you can evict without returning them first (as I'm sure that you are going to need them for "deductions")