Want my property back

Crashy_Time

ttaylor wrote: »

Thanks it looks like it's a little easier due to tenant signing before October 2015. I will probably use landlord action or something if tenant looks like they won't go easily. Not enjoyable bring a land lord

Why did you become one?

G_M

ttaylor wrote: »

It was let out 7/15 so does this mean those new regulations don't apply?[/QUOT

Was it originally let in July 2015 under a Fixed Term, or Contractual Periodic Tenancy?

If Fixed Term, then presumably that fixed term has since expired. I believe (but may be wrong....) that if a new fixed term was signed after 1/10/15, or if the tenancy later became periodic (Statutory or Contractual) then at that point the Deregulation Act 2015 should have been complied with (ie EPC provided, How to rent leaflet etc).

Cant see why I have to supply a renters guide! Where can I obtain this?

Because the law says so (Deregulation Act 2015 )
I've already provided the link once.

* government leaflet "how to rent"

ttaylor

Thanks as I said I did it for financial purposes to clear debts . Wasn't meant to be forever. If the SPT happened from July 16 does this mean the new regs have to be complied with or is it based on the July 15 AST 12 month fixed date?

lookstraightahead

I think you've got a major issue with not putting the deposit in a TDS

ttaylor

A deposit wasnt taken clearly ticked on the AST

need_an_answer

Was there a reason you didn't take a deposit?

Was an inventory completed?
Without one you leave yourself open to the tenant returning the property in whatever condition they choose with very little redress for you.

ttaylor

No deposit as didn't feel it was important . The property is unfurnished and no inventory as none of my possessions are left there.

need_an_answer

ttaylor wrote: »

No deposit as didn't feel it was important . The property is unfurnished and no inventory as none of my possessions are left there.

doesn't matter that you left no possessions there...your paint is on the walls,your carpet on the floor,fixtures and fittings make up a bathroom and a kitchen.....

you are now in the unfortunate position that the tenant has the upper hand,you have no deposit to fix breakages from and no inventory to record how the property was handed to the tenant.

And likewise they don't have any expectation to even leave the property clean on handback


I don't envy you....

foxy-stoat

need_an_answer wrote: »

doesn't matter that you left no possessions there...your paint is on the walls,your carpet on the floor,fixtures and fittings make up a bathroom and a kitchen.....

you are now in the unfortunate position that the tenant has the upper hand,you have no deposit to fix breakages from and no inventory to record how the property was handed to the tenant.

And likewise they don't have any expectation to even leave the property clean on handback


I don't envy you....

The issue of the deposit is not relevant, as is the reason why the OP didnt take one.

Renters guide can be downloaded and printed off. If you have an EPC that is valid then use that or pay for another one.

As I said before, probably best to have a chat first to see how it will play out....if you send a renters guide and epc recorded delivery and the next day a S21 you will probably cause no end of grief for yourself...even though the tenant has bounced rent payments on you....they need to be in arrears for at least 2 months before you can try to evict on that ground, but only if the judge doesnt side with the BS story the tenant will give.

Hasbeen

ttaylor wrote: »

Thanks it looks like it's a little easier due to tenant signing before October 2015. I will probably use landlord action or something if tenant looks like they won't go easily. Not enjoyable bring a land lord

Landlord action? If tenant refuses to leave and even stops paying it will take a good few months six? to get possession. Probably cost you over a grand in fees by the time it takes through court also hope you have been declaring all rent to HMRC and paying them as required?

Best as others have suggested is have a nice word and ask them what date they can move out as you need the property again.