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Serving S21,Tenancy Deposit rules and Sword of Damocles
Comments
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MissMoneypenny wrote: »So why is an S21 a problem if you have a fixed term contract? Why don't tenants just insist on a fixed term contract? Am I missing something?
There is nothing wrong with a Section 21 Notice. Landlords need it to get out a "bad tenant" or to gain possession of a property when an agreed term of tenancy comes to an end or any other genuine reason for possession.
What is wrong is the all to common practice of LL's or LA's issuing one with the tenancy agreement, at the start of the tenancy.
THIS IS "VILE" PRACTICE!!!!! :mad:0 -
I'm sure all the schemes will have teething problems, but TDS managed to screw up their online payments and now they have stated that they won't be notifying tenants of the deposit and landlords should do this.
Doesn't this mean that if the LL fails to do this within the set time scale (whatever it is), then they can be taken to court to pay the tenant 3 times the deposit back?They now say that on a renewal of AST you need to unprotect the original deposit and protect it again! Can't decide if that means you need to do an inspection and agree any charges before renewing a smaller amount or not.
I assume they have to notify the tenant again within the time scale?RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
""" They now say that on a renewal of AST you need to unprotect the original deposit and protect it again!""
presumably for more fees for them .....0 -
So long as the landlord hasn't expressed a willingness to let you stay (which would have to stand up in court as a defence to a possession hearing) then yes that is correct.Guy_Montag wrote: »Finally according Franklee if you stay beyond the end of the tenancy the landlord can let you live happily for months if not years, but then apply for immediate possession using the S21 even though it was served months ago & dated to end at the end of the tenancy (is that right Franklee?)A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.0 -
""they won't be notifying tenants of the deposit and landlords should do this"
so unscrupulous landlords will now be able to keep the deposit anyway as the tenant will not know where their deposit is !!!!!!!
But doesn't that just leave the LL open to being sued by the tenant for 3 times the deposit back and maybe even the deposit back too if the judge decides that? It is a criminal offence for the LL not to give their full name and UK contact details to their tenant, so the tenant has the details they need to sue the LL.RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
yes moneypenny you are right - but how many tenants have the fortitude of eagerlearner against a determinedly abusive landlord ?
if tenants dont know their rights - the wont take landlords to court - this is why sites such as this and landlordzone are so useful0 -
BobProperty wrote: »So long as the landlord hasn't expressed a willingness to let you stay (which would have to stand up in court as a defence to a possession hearing) then yes that is correct.
Could continued receipt of rent not be considered willingness to let you stay. Perhaps not a month or two, but after three months if no approach had been made to the tenant I would claim that we had entered into a de facto periodic tenancy."Mrs. Pench, you've won the car contest, would you like a triumph spitfire or 3000 in cash?" He smiled.
Mrs. Pench took the money. "What will you do with it all? Not that it's any of my business," he giggled.
"I think I'll become an alcoholic," said Betty.0 -
Whether your in a Deposit Scheme (which you have to be now) or not. In practice, you have always - and will always - have to sue a landlord who will not return your deposit.0
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I issue Section 21s on day one because you never know how a tenancy is going to turn out, people can appear nice initially, but, can turn into something quite different. i have never taken any of my tenants to court, so have never had to use the Section 21. i always explain to my tenants that it is a notice to quit.
Why issue it on day 1 of a fixed term contract, when you could just issue it 2 months before the end of the fixed term?
How does it work if your tenant decides to stay in your property on another fixed term of say 6 months? Do you have to withdraw the S21 you have served?RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
i could issue it at the 4 month stage, you're quite right. A new AST supercedes any conditions of an earlier one.0
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