Tenant Deposit and Letting Agency

Tyler119

Pixie5740 wrote: »

It doesn't matter whether a lease is for 999 years or 6 months and the relevance to the thread was you banging on about breaches to (unenforceable) terms in the TA and being "afraid" that tenants can't do what they like, I was just pointing out that they pretty much can. Even as a freeholder there's only so much you can legally do to the structure of a building without planning permission. If you can't get your head around those concepts then it's probably best that you are no longer going to be a landlord.

If you have evidence the property isn't in the same condition minus fair wear & tear, and can't agree with the tenant on the deductions use the deposit scheme's ADR that's what it's for.

If you want to make a complaint about the letting agency then use their complaints process and of that doesn't get you anywhere then use the redress scheme.

"banging on"...that is hardly fair now is it. The breach is an enforceable breach as they signed it, and followed that point in the TA

I understand property leasing, all variations just fine thank you. Some folk appear to getting confused....I mean you rent a property and basically own it till you leave...that is crazy tenant talk. The link you posted is not relevant as it refers to instances like a landlord thinking he can show up at the house whenever they please, etc. That is clearly not what is being talked about here. I was certainly not that sort of landlord, I mean I even extended the driveway to the side so it was wide enough for them to park their motor home on the driveway.

I will say it again, a tenant certainly cannot do what they like with the property, within boundaries anyway. Landlords for instance will not allow smokers to rent the property, or perhaps for them to have pets. This is the dealio with renting, I have been on both sides of the coin. When anyone rents a residential property, the rent they pay gives them the right to legally reside in that property, not the legal right to own it temporarily (and exercise the rights associated with ownership).

So far they are refusing to do anything like ADR, which means potential court action..arg that is just a load of time not being spent on things choosing which beer to open

Pixie5740

You can say it all you like, it doesn't make it so. The link was relevant because it explains property ownership in England & Wales and we're governed by the laws of the land, not your opinions.

Guest101

Tyler119 wrote: »

"banging on"...that is hardly fair now is it. The breach is an enforceable breach as they signed it, and followed that point in the TA

I understand property leasing, all variations just fine thank you. Some folk appear to getting confused....I mean you rent a property and basically own it till you leave...that is crazy tenant talk. The link you posted is not relevant as it refers to instances like a landlord thinking he can show up at the house whenever they please, etc. That is clearly not what is being talked about here. I was certainly not that sort of landlord, I mean I even extended the driveway to the side so it was wide enough for them to park their motor home on the driveway.

I will say it again, a tenant certainly cannot do what they like with the property, within boundaries anyway. Landlords for instance will not allow smokers to rent the property, or perhaps for them to have pets. This is the dealio with renting, I have been on both sides of the coin. When anyone rents a residential property, the rent they pay gives them the right to legally reside in that property, not the legal right to own it temporarily (and exercise the rights associated with ownership).

So far they are refusing to do anything like ADR, which means potential court action..arg that is just a load of time not being spent on things choosing which beer to open

You're wrong on so many levels.


The tenant can do what they like during the tenancy. Smoke, have pets, whatever.


They just need to return it to the condition it was, less wear and tear.


That's it. You clearly don't understand tenancy law

Miss_Samantha

A tenant cannot do "whatever they want" during the tenancy. They must comply with the terms of the lease.

The issue, so to speak, is that residential tenants are afforded a lot of protection and therefore landlords might not be able to do much apart from evicting through s.21 (if that is possible).

I would also urge not to take internet resources as gospel.

Tyler119

Guest101 wrote: »

You're wrong on so many levels.


The tenant can do what they like during the tenancy. Smoke, have pets, whatever.


They just need to return it to the condition it was, less wear and tear.


That's it. You clearly don't understand tenancy law

mmmm...No, you and the others do not understand tenancy laws with regards to residential tenancy. Even the government produced model tenancy agreement states the points that I stated, including getting permission for pets and for making any changes to the property, including decor and even putting up a blooming shelf.

My original point was permission was not requested and changes made were not rectified.

Guest101

Tyler119 wrote: »

mmmm...No, you and the others do not understand tenancy laws with regards to residential tenancy. Even the government produced model tenancy agreement states the points that I stated, including getting permission for pets and for making any changes to the property, including decor and even putting up a blooming shelf.

My original point was permission was not requested and changes made were not rectified.

Let me put it this way.


The tenants totally ignore your terms, all you can do is evict them.


So yes, the tenants can do whatever they want. There's no punishment for doing that.

Guest101

Miss_Samantha wrote: »

A tenant cannot do "whatever they want" during the tenancy. They must comply with the terms of the lease.

The issue, so to speak, is that residential tenants are afforded a lot of protection and therefore landlords might not be able to do much apart from evicting through s.21 (if that is possible).

I would also urge not to take internet resources as gospel.

Yes, so the tenants can do whatever they want....

buglawton

Guest101 wrote: »

So go to the DPS and start ADR.
I think you'll probably win, on the balance of probabilities.

This is the correct answer. You will probably get to keep most of the deposit if not all.
Does the agent or the property owner have the landlord side of the DPS account?
If it's you the landlord it's simplest of all. You need to take firm actions, collect a dossier of photos, this should suffice for the DPS.

Pixie5740

Tyler119 wrote: »

mmmm...No, you and the others do not understand tenancy laws with regards to residential tenancy. Even the government produced model tenancy agreement states the points that I stated, including getting permission for pets and for making any changes to the property, including decor and even putting up a blooming shelf.

My original point was permission was not requested and changes made were not rectified.

A model agreement with this disclaimer....

"Disclaimer
This document is being made available free of charge to anyone wishing to use it,
and whilst every care has been taken in its preparation ultimately only a court can
decide on the legal effect and enforceability of contractual terms. The Government
cannot, therefore, guarantee the legal effect of this model agreement and shall not
be held responsible for the consequences of the use of, or reliance on, this model
agreement, including for any financial loss suffered by any landlord, tenant or other
person. If you are in any doubt as to the implications of using this document you
should seek independent legal advice. "

Tyler119

Guest101 wrote: »

Let me put it this way.


The tenants totally ignore your terms, all you can do is evict them.


So yes, the tenants can do whatever they want. There's no punishment for doing that.

Wow I hate for you to be tenant with that attitude.

Well no, through the process of evidence (against no evidence), they will in all likelihood have to forfeit some deposit so I am not having to pay out of my own pocket to have issues created by themselves rectified.

You and others seem to think I was talking about a landlord shouting through the letterbox at tenants, "turn that TV down", or "clean your bedroom".........I was talking about people doing the decent and right thing...something that is lost in the world of today