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1  General Category / Houses in Multiple Occupation / Re: Gas safety certificates on: April 16, 2007, 09:26:21 AM
If its anything like a normal AST tenancy it will be a legal requirement.  I would hope guest houses do have to have the gas inspected.

I would beleive the enforcement is at a time when a problem occurs. The onus is likely to be on the owner of the property making sure they do have a valid gas safety cert and service.

Similar with monitoring - its not unless there is a problem or reported as not being done.

If you know of a problem then report it. Carbon monoxide is a killer.
2  General Category / Variations of Terms of Tenancy / Re: Change of Name on Tenancy Agreement - how much should this cost on: April 13, 2007, 01:24:41 PM
I would suggest that its not 'simply' a name change. 

The agent/owner will want to take up full references up on the new tenant, a new agreement will need to be sent to the others to sign and the owner, registration under the TDS will now have to occure and further admin at the end of the tenancy.

There will be a fair amount of costs incurred for doing all of the above and for the end of the tenancy which wernt there when the tenancy started which will also affect the fee
3  General Category / **Tenancy Deposits** / Re: Tenancy Deposit Scheme on: April 13, 2007, 01:13:12 PM
Unfortunalty more red tape from the government. More cost to us all.

You need to give the prescribe info to the tenants or you will be fined 3x deposit and wont beable to give them notice.
4  General Category / Tenancies / Re: Tenant wishes to buy the property on: April 13, 2007, 01:04:55 PM
only if the agents terms and conditions with you say so - it wont be in the tenancy agreement.
5  General Category / Tenancies / Re: TDS Scheams on: April 13, 2007, 01:03:43 PM
rules and regs are now published 

https://thedisputeservice.co.uk


regards
www.thelettingagents.co.uk
6  General Category / Disputes / Re: Deductions from deposit for dis repair when we moved in. on: April 13, 2007, 12:49:51 PM
Sounds totally unreasonable.   The owner must allow fair ware and tear after 6 and half years.

The broken appliances are his responsibility, decoration would be required after that sort of time, you have proof of cleaning carpets. - how old are the carpets? door stripping - arguable but doesnt sound unreasonable what you did.

I would write and ask for the full deposit back within 14 days or else start a county court summons.

good luck
7  General Category / Disputes / Re: landlord wants to end tenancy early on: April 13, 2007, 12:36:42 PM
Slightly confused over the tenancy agreements but if the tenancy agreement you/your agents have in their hand is  signed by the tenants has been altered to allow dogs then the agent should have checked with you before giving out keys to the tenants.

It sounds like your best action is to give them normal notice for the end of the tenancy period. Get another agent.

Make sure you have the property fumigated.
8  General Category / General Discussion / Re: AST term length on: April 13, 2007, 12:29:35 PM
Slight differentt emphais, but similar effect.

You can have an AST for less than 6 months, it will be a fixed term but the courts wont order possession until 6 months are up.  Thats the only difference.
9  General Category / General Discussion / Re: Damp on: April 13, 2007, 12:26:48 PM
It sounds terrible.

I would be more concerned at this stage about the electrics.  Ask the agents to have the electrics inspected for safety asap.

If you are in a flat if its anything but a ground floor it is unusual to be 'damp'. It is more likely to be condensation due to inadeqate heating and ventalation.

The time span for the works does sound too long. Perhaps stopping the rent would galvanise the owner to doing the work quicker or get a quote yourself and give them notice you will arrange it and pay from the rent you are holding.

Make sure you put everything in writing.
10  General Category / General Discussion / Re: My landlord & compensation on: April 13, 2007, 12:21:58 PM
It would be diplomatic if the LL did give some compensation.

Its arguable if you are entitled or not.

how far you wish to argue is another matter, you need to plan what you will do if you dont get it, what is your relationship like with the owner generally, would you take them to court, do you wish to renew, etc.



11  General Category / General Discussion / Re: Early Termination of AST on: April 13, 2007, 12:15:05 PM
I would disagree.  If you would post the case name/number and full details I would be keen to view. Although Scottish laws for property do differ to English.

You cannot force a tenant to stay but certainly they can be sued for the loss of rent until new tenants move in and expences during a fixed term tenancy with no break clause.

The cases we have assised with the owners have won - county courts in England. - about 4 over the last 9 years.

It rarely gets that far as when the tenants take legal advice they are told they are liable and will lose.
12  General Category / General Discussion / Re: rent increase on: April 13, 2007, 12:02:15 PM
It depends on what your tenancy contract says.

It sounds like you were on a fixed 6 months and now are rolling on a month to month basis, so long as the tenancy allows for a rent increase they can give you notice to incease.  You either pay/negotiate or they give you notice.

If you are on a fixed 12 month with no increase for that time then they cant.
13  General Category / Agency Issues / Re: Agent commssion on: April 13, 2007, 11:55:39 AM
As the other poster has said....

we would also just charge a one off fee  (10% vat of the first 6 months) but it depends on what the small print says.
14  General Category / Agency Issues / Re: Non-resident landlord on: April 13, 2007, 11:53:16 AM
Simple answer is to deduct NRL tax.  Let the owner claim it back if they are exempt.

You will be liable if you get it wrong or dont have an exemption cert if they are classed as a NRL.

(non resident landlord)

You will also need to make quater/annual returns to the NRL section
15  General Category / Agency Issues / Re: Letting Agent witholding rent on: April 13, 2007, 11:45:30 AM
Hello

What does your contrct with the letting agents say?
Normally you cant cancel your contract with them to pay commission during the duration of the tenancy of the tenants they have found.

I would have thought they would have still paid you less their commission.

Are the agents a member of NALS or other trade body?  It is strange that they are not returning you calls.

I would write and contact their trade body, write to the tenant to confirm if they have paid the rent and to who?
The trade body may be able to help.

keep us posted.
www.thelettingagents.co.uk
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