Deposit for rental property

middleclassbutpoor

Thank you.

My mum likes the house and she is happy there. She pays the same day each month 2 days before the due date by standing order without fail so no arrears - her income is secure being retired so don't see this becoming an issue.

The clarity around defending possession is useful and yes makes perfect sense upon reflection.

So assuming that my mum refuses access to the estate agent and any viewings/surveys etc. it may be difficult for them to sell full stop? They cant put a sign up now until Section 21 served and is within 30 days of end date in March 20?

Really appreciate your responses GM.

FBaby

Your mum can make it all difficult but it will only delay the inevitable and it will be a very stressful period for her.

You haven't stated what evidence your mum can give that she has indeed given a deposit. Without it, the LL can just deny that he asked for one let alone received one. It leaves the gas certificate but all they would need to do is give one to her and re-issue the S21.

If all she cares to do is to get more time to find somewhere else, she is better off trying to negotiate with them a longer term and it ending when she deos find somewhere so she doesn't have to pay an extra month. If she hope to stay there indefinitely, it isn't going to happen no matter what she does.

Her priority would be to get that receipt for evidence but I expe t the LL might have realised their mistake by now hence ignoring all mention of its receipt.

00ec25

middleclassbutpoor wrote: »

So assuming that my mum refuses access to the estate agent and any viewings/surveys etc. it may be difficult for them to sell full stop? They cant put a sign up now until Section 21 served and is within 30 days of end date in March 20?

since you want to be clear on the legal position, your mother has accepted a contract in which she agrees to allow reasonable access.

why you think you can ignore clauses you don't like whilst at the same time seeking to enforce clauses that suit you on the LL is a mystery

that said, the repercussions of her refusing access that she has already agreed to allow in principle is something only a court could decide.

if you want to be "middleclass" then behave reasonably. Be clear what battle you are trying to fight? As mentioned above, is she trying to remain there come hell or high water, or are you simply out for money ?

middleclassbutpoor

00ec25 wrote: »

since you want to be clear on the legal position, your mother has accepted a contract in which she agrees to allow reasonable access.

why you think you can ignore clauses you don't like whilst at the same time seeking to enforce clauses that suit you on the LL is a mystery

that said, the repercussions of her refusing access that she has already agreed to allow in principle is something only a court could decide.

if you want to be "middleclass" then behave reasonably. Be clear what battle you are trying to fight? As mentioned above, is she trying to remain there come hell or high water, or are you simply out for money ?

Is there any particular reason you are taking a more aggressive tone in your response? Or are you just trying to be clever?

I am trying to establish where the tenancy agreement states access has to be granted? I don’t profess to be any kind of expert in these matters and if I missed something which is more obvious to you than it is to me at this moment, I would rather you refer me to that point than try and start having a pop at me?

If you are happy to discuss like a reasonable adult rather than petulant child - My mum wishes to remain in the property but doesn’t want people coming into the house. She wants a quiet life and not to have her possessions all over Rightmove etc. I’m simply trying to understand in the absence of any mention of access rights in the tenancy what the landlord has the right to do in terms of access.

If you don’t want to discuss without being petulant then please refrain from responding.

Slithery

middleclassbutpoor wrote: »

My mum wishes to remain in the property

Probably not going to happen I'm afraid. The current/new LL will eventually get the proceedings correct and the courts will have no choice but to evict.


Either she starts planning to move now with very little stress or fights for months entailing lots of stress then still has to move. Her choice.

middleclassbutpoor

She can remain though for another 11 months as I see it.

There is no stress by simply referring them to their contract to say they should serve notice for when the tenancy is due to end in March 20. She will keep up payments and keep the property clean/tidy etc.

If they wish to sell to another landlord, she is happy for them to do so but If the contract doesn’t permit a for sale sign until feb 20 then the house will need to go up for sale without internal pics and no viewings permitted internally nor a for sale board unless there is something I’m missing which is what I’m trying to understand.

If the landlord wants to do an inspection then that’s ok to check condition of property. This can be done without resistance.

If they want to serve notice, then we will deal with that in the correct way thanks to GM.

Equally given the fact they are unlikely to be able to serve a valid section 21 notice at present, they are likely to miss the next renewal as that will fail which will then renew for another 12 months as I have understood it.

By the time they sort out there side, I’m more relaxed about it as there may be other options by that point for her where she may be looking to move anyway. We may serve notice ourselves in due course but until that is decided, I don’t want either party to be acting outside of the tenancy agreement.

G_M

00ec25 wrote: »

since you want to be clear on the legal position, your mother has accepted a contract in which she agrees to allow reasonable access.

why you think you can ignore clauses you don't like whilst at the same time seeking to enforce clauses that suit you on the LL is a mystery

Though to be fair, the contract apparantly states:

During the last 30 days of this agreement, the landlord or the landlords agents will have the privilege of displaying the usual For Sale/To Let signs on the property and the tenant agrees to allow the landlord or its agents reasonable access to the property at reasonable times for the purpose of displaying such signs upon the property.

This seems a strange clause - possibly misquoted and/or poor cut/paste by the landlord?


Or there may be an additional clause relating to access for viewings.


But we can only comment here on the information we are given!