Need a bit of advice about tenancy agreements, please.

Comms69

bris wrote: »

Your in for the long haul. I have had two abonments, both took around 7 months to resolve.


The new laws in Scotland make it easier for us and dramatically reduces the time and effort to get abandoned houses back. But England hasn't caught up with us yet so you need to go down the old route that includes a court order.


I was also under the impression that waiting for the fixed term to end doesn't actually end the tenancy as a periodic tenancy takes place unless the tenant gives notice of their intent to leave, in writing or handing the keys back is intent. I might be wrong about that though.

If the tenant vacates on or before the fixed term ends; the tenancy ends on the last day of the fixed term.

ambc

Thanks for all the info. Really useful. I've saved GM's info so I can refer back to it.

Just a quick update... today's visit was actually a pre-arranged visit, organised when the agency first got wind that the tenant was having issues with paying rent. I'd forgotten about that. My mistake.

However, the tenant obviously wasn't there today when the agent visited, and they're not 100% sure whether he's still living there or not. The agent has left a note asking the tenant to contact them.

So, that's as much as we know. I guess we'll just need to see what happens over the course of the next week or two.

I do trust the agent - but I also like to have some understanding of the law/processes, etc.

Thanks again.

G_M

ambc wrote: »

...... today's visit was actually a pre-arranged visit, .....Good. Make sure the agency knows/agrees that any future visits must also be pre-arranged. It is YOU who gets the blame if they mess up....

However, the tenant obviously wasn't there today when the agent visited, and they're not 100% sure whether he's still living there or not. Not good enough. Ask them to state whether the tenant has or has not left possessions in the property. Is it
a) abandoned with nothing but your inventory items present?
b) apparantly abandoned but with miscelaneous cheap possessions of the tenants left?
c) still occupied ie with clothing, furniture, TV etc of the tenants still present


The agent has left a note asking the tenant to contact them. Good

As Sajaan said above, either you

1) get written agreement from the tenant of an Early Surrender. Quickest/cheapest/easiest option
2) wait till the fixed term ends AND the tenant has clearly left
3) use a S8 ground 8 when 2 rent payments are outstanding and geta court order
4) use a S21 served 2+ months before the fixed term ends, then wait for FT expiry and go to court for possession.

Mr.Generous

Some tenancy agreements have a clause along the lines of … If the property is left empty for 28 days or more without prior agreement it will be deemed that the tenancy has been given up and the landlord can re take possession … or something like that. Check if you have any clause like that, I certainly wouldn't rely on the agent knowing.

G_M

Mr.Generous wrote: »

Some tenancy agreements have a clause along the lines of … If the property is left empty for 28 days or more without prior agreement it will be deemed that the tenancy has been given up and the landlord can re take possession … or something like that. Check if you have any clause like that, I certainly wouldn't rely on the agent knowing.

I've never come across that, but I'd be surprised if that clause would stand up if tested in court.


Such a clause would be subordinate to the primary term of the contract - the 12 months fixed term.

Comms69

Mr.Generous wrote: »

Some tenancy agreements have a clause along the lines of … If the property is left empty for 28 days or more without prior agreement it will be deemed that the tenancy has been given up and the landlord can re take possession … or something like that. Check if you have any clause like that, I certainly wouldn't rely on the agent knowing.

Can’t see it being lawful.

Certainly wouldn’t risk it

need_an_answer

Mr.Generous wrote: »

Some tenancy agreements have a clause along the lines of … If the property is left empty for 28 days or more without prior agreement it will be deemed that the tenancy has been given up and the landlord can re take possession … or something like that. Check if you have any clause like that, I certainly wouldn't rely on the agent knowing.

I've never seen that clause in a tenancy agreement,however for insurance purposes some insurers suggest that if the property is unoccupied for a set period of time without prior knowledge/consent from the LL it may invalidate the landlords property ionsurance policy.

Thats not to be confused with the tenancy agreement which is a totally separate thing.