Ive not received a security deposit.. Is it too late?

sandsni

The good news is, if you've never taken a deposit you can't get into trouble for not protecting it.

G_M

sandsni wrote: »

The good news is, if you've never taken a deposit you can't get into trouble for not protecting it.

Hey! Neat plan!

And if you don't charge rent on the tenancy, you don't have to pay tax or have the hastle of ever chasing rent arrears.....

Fire_Fox

G_M wrote: »

Hey! Neat plan!

And if you don't charge rent on the tenancy, you don't have to pay tax or have the hastle of ever chasing rent arrears.....

And without rent you aren't a landlord at all, so don't have to comply with loads of legislation! :T

alberto2012

Fire_Fox wrote: »

No official guidance as to how what was to be managed? Why do you keep blaming the council? Did they agree something in writing that never transpired? Are they named on the tenancy agreement?

Yes housing benefit is paid in arrears, it's the tenant's responsibility to pay the rent in the mean time, as per the contract. Did you send them a reminder/ statement of rent arrears? You do understand HB is not guaranteed, it can be withdrawn at any time?

Can I suggest you joint a landlord's association and go on some courses? This is a business, you are supposed to be a professional, there is REAMS of legislation to comply with!

Tenancy does not expire in June, the fixed term does. The tenant can legally stay until you get a court order to get them out if they so choose. How are you not letting privately? How do you know the flat is still in good order, are you rocking up there and breaching the tenant's right to quiet enjoyment?

Yes i do partly blame the council. On countless occasions i have phoned and vusited the offices requesting ANYTHING official i.e. Paperwork proof/guidance notes... Theyve provided me with NOTHING.
It took them approx 3MONTHS to reply to an email when i was questioning the lack of payments.
Yes i can and will take part blame ( for not having a deposit) but anything else is only inexperience in my part... The council SHOULD know better. They SHOULD be more forthcoming with information with the landlord.

I have tried my best by doing everything by the book i.e. Registering as a lanflord/Gas safety certs/Providing AT5 form/an EPC...

Since only recently finding out the the council WILL DO NOTHING should the tenant run off with the last rent payment, all im trying to do is cover myself (albeit maybe too late) but thats what im trying to find out..

I even tried to get the rent come straight to me from council, to which the tenant DID agree to a while back, but now she suspiciously DOESNT...

With all this in mind, am i within my rights to provide tenant with a new agreement in june? What is the correct procedure for doing so?

Thanks

Kayalana99

Its to late now.

Would you rather have a tennant in the house paying rent...or take her to court for 1 months rent worth & kick her out the property and have to deal with the 'upgrades' to get it ready for a new tennant?

You'd probally be out more money by evicting her and having the house empty whilst you get it sorted and get a new tennant in.

If the tennant is on housing benifits how is she going to afford a deposit?

If you don't get a new agreement it turns into a rolling anyway...you cant make her pay a deposit in June either as its going to be the same situation. Shes already thier, this is your mistake - dont take it out on an already paying tennant or you'll end up worse off anyway!

Fire_Fox

alberto2012 wrote: »

Yes i do partly blame the council. On countless occasions i have phoned and vusited the offices requesting ANYTHING official i.e. Paperwork proof/guidance notes... Theyve provided me with NOTHING.
It took them approx 3MONTHS to reply to an email when i was questioning the lack of payments.
Yes i can and will take part blame ( for not having a deposit) but anything else is only inexperience in my part... The council SHOULD know better. They SHOULD be more forthcoming with information with the landlord.

I have tried my best by doing everything by the book i.e. Registering as a lanflord/Gas safety certs/Providing AT5 form/an EPC...

Since only recently finding out the the council WILL DO NOTHING should the tenant run off with the last rent payment, all im trying to do is cover myself (albeit maybe too late) but thats what im trying to find out..

I even tried to get the rent come straight to me from council, to which the tenant DID agree to a while back, but now she suspiciously DOESNT...

With all this in mind, am i within my rights to provide tenant with a new agreement in june? What is the correct procedure for doing so?

Thanks

It's not the council's job to give you guidance notes on landlording or hold your hand as a newbie! Join a landlord's association and attend some courses, this is where you get your guidance notes and benefit of decades of professional landlord's experience. This is a new business, you are a professional, councils have little to do with anyone setting up a small business until they break certain aspects of the law.

Why do you think the council should do anything if the tenant skips out without paying? Again this is your business, if your customer breaches the contract YOU take legal action through the county court (or equivalent Scottish system). Damage deposit is for damage, it cannot necessarily be used for rent. If you wanted guaranteed rent you need working tenants or those with a guarantor.

alberto2012

Werdnal wrote: »

Is NTQ/S33 guaranteed to gend the tenancy, or is it like down here, you have to go to court if they don't up and leave on the last day?

From what I have read that's the case mate yes

G_M

I don't understand what you expect of the council.

Are you letting the property to the council? If so, they are your tenant and responsible for rent, damage etc, not the individual who is occupying the property (as a sub-tenant).

But from everything you've said, the tenant is the occupier, not the council. So your contract is with the occupier (tenant). the rent is due from him, not the council.

So what 'paperwork', ' proof/guidance notes' do you want or expect from the council?

Makes no sense.

I assume you are referring to Housing Benefit paid by the council to the tenant. This is a matter between the council and the tenant. The money is an entitlement which is due (perhaps) to the tenant, not you.

It does not affect yourlegalrelationship with your tenant at all.

alberto2012 wrote: »

Yes i do partly blame the council. On countless occasions i have phoned and vusited the offices requesting ANYTHING official i.e. Paperwork proof/guidance notes... Theyve provided me with NOTHING.
It took them approx 3MONTHS to reply to an email when i was questioning the lack of payments.
Yes i can and will take part blame ( for not having a deposit) but anything else is only inexperience in my part... The council SHOULD know better. They SHOULD be more forthcoming with information with the landlord.

I have tried my best by doing everything by the book i.e. Registering as a lanflord/Gas safety certs/Providing AT5 form/an EPC...

Since only recently finding out the the council WILL DO NOTHING should the tenant run off with the last rent payment, all im trying to do is cover myself (albeit maybe too late) but thats what im trying to find out..

I even tried to get the rent come straight to me from council, to which the tenant DID agree to a while back, but now she suspiciously DOESNT...

With all this in mind, am i within my rights to provide tenant with a new agreement in june? What is the correct procedure for doing so?

Thanks