Section 21 Notice to Quit.

G_M

Butts wrote: »

Suprisingly they are not a member of ARLA or any other Trade Body !!

Are they members of one of the ombudsman schemes?


Since 1st October 2014, the Enterprise and Regulatory Reform Act 2013 S83 requires letting agents in England to sign up to one of[STRIKE] 3 [/STRIKE] 2 schemes:

* The Property Ombudsman
[STRIKE]* Ombudsman Services Property[/STRIKE] (no longer works in property sector)
* Property Redress Scheme

Butts

G_M wrote: »

Are they members of one of the ombudsman schemes?


Since 1st October 2014, the Enterprise and Regulatory Reform Act 2013 S83 requires letting agents in England to sign up to one of[STRIKE] 3 [/STRIKE] 2 schemes:

* The Property Ombudsman
[STRIKE]* Ombudsman Services Property[/STRIKE] (no longer works in property sector)
* Property Redress Scheme

I am in Wales - not England, does that make a difference ?

G_M

Butts wrote: »

I am in Wales - not England, does that make a difference ?

Good question.

Territorial Extent and Application

6.This Act extends to England and Wales, Scotland and Northern Ireland, as described below.
...........



17.In Part 6 (miscellaneous and general), sections 83 (Redress schemes: lettings agency work) to 88 (Redress schemes: supplemental) extend to England and Wales but apply only in England.

Anyone understand how it can extend to Wales but apply only in England.......?

Butts

G_M wrote: »

Good question.

Anyone understand how it can extend to Wales but apply only in England.......?

Indeed, could you possibly have a look at my queries on the Inventory and DPS Registration if you have time ?

Not in relation to the Posession but in general.

Pixie5740

G_M wrote: »

Good question.

Anyone understand how it can extend to Wales but apply only in England.......?

That is odd but apparently letting agencies in Wales do need to join a redress scheme.

You must join a redress scheme if you’re:

* An estate agent dealing with residential properties in the UK
* A letting agent or property manager in England or Wales

Source: https://www.gov.uk/redress-scheme-estate-agencies

Letting agencies in Wales also have to become licensed through Rent Smart which means there is a Code of Practice they are supposed to comply with.

Pixie5740

Butts wrote: »

Yes, I did look at the Guide. If you read my post in full they are asking to conduct an inspection of the Property shortly so they can be prepared to do another one when I leave. This intimates that they are expecting me to leave on December 1st.

I appreciate the Inventory/DPS matters do not have a bearing on whether the Tenancy ends or not. I was just seeking some separate advice on these matters.

With regard to claiming I have a binding agreement until January I would rather they find that out in Court after they have expended a considerable amount of money for the privilege.

I did read your post in full where you once again stated that the Section 21 requires you to leave 1st December, I was reiterating that the Section 21 does not end the tenancy. You also asked what bearing the inventory had on matters and the answer is none.

Whilst the lack of inventory has no bearing on how your tenancy can be ended it does have some bearing on the return of your deposit. The onus is on your landlord to prove any deductions are reasonable. How will the landlord achieve that if he no longer has a check-in inventory? What will be his point of reference? Any inventory done now won't account for the full span of your tenancy and you could easily claim that any damage was there when you moved in.

Your deposit is protected and at the end of your tenancy your landlord is responsible for returning your deposit to you. Your landlord has probably made things more difficult for himself by being sloppy with his admin but that's his problem not yours.

G_M also produced this guide for Deposits: payment, protection and return.

Butts

Pixie5740 wrote: »

That is odd but apparently letting agencies in Wales do need to join a redress scheme.



Source: https://www.gov.uk/redress-scheme-estate-agencies

Letting agencies in Wales also have to become licensed through Rent Smart which means there is a Code of Practice they are supposed to comply with.

According to the Tenants Section of the Rent Smart Wales Website one of the questions to ask is do they belong to an Independent Complaints scheme or one of the trade associations such as ARLA so it looks like it's not compulsory.

G_M

Butts wrote: »

According to the Tenants Section of the Rent Smart Wales Website one of the questions to ask is do they belong to an Independent Complaints scheme or one of the trade associations such as ARLA so it looks like it's not compulsory.

Correct. It is the ombudsman scheme that is compulsory.


Trade associations etc are good practice, and can provide benefits to a LL/agent, but are discretionary.


Rent Smart Wales Website probably advises this because membership gives additional security via the association's COP, and possibly complaints process.

G_M

Butts wrote: »

It is my belief that they do not have a copy of the inventory or move in inspection as this was conducted by the original Agency - does this have any bearing on matters ?

And what about the fact the DPS Tenancy Cerificate does not name them as the landlord or letting agent - it shows the previous letting agent. I accessed it today just to check.

* what makes you think they do not have the original inventory? Standard practice when a LL changes agent would be for the documentation, including inventory, would be passed across.


Indeed, the LL may well have been given a copy of the inventory by the agent when it was first done.


* if the LL/new agent do not have the original inventory, any later inventory would have little value. This would not affect your notice period, but would make deductions from your deposit harder, though not impossible.


* your deposit is protected, as required by law. The agency name under which it is protected is not your concern - it may cause administrative difficulties for the LL but that is his problem, not yours.

Butts

G_M wrote: »

* what makes you think they do not have the original inventory? Standard practice when a LL changes agent would be for the documentation, including inventory, would be passed across.


Indeed, the LL may well have been given a copy of the inventory by the agent when it was first done.


* if the LL/new agent do not have the original inventory, any later inventory would have little value. This would not affect your notice period, but would make deductions from your deposit harder, though not impossible.


* your deposit is protected, as required by law. The agency name under which it is protected is not your concern - it may cause administrative difficulties for the LL but that is his problem, not yours.

So if I do leave amicably will it be a problem retrieving my deposit ?

The administrative difficulties faced by the Landlord will not cause a delay in it's return to me ?