Ex tenant problems

Reply to the comment left by "Mary Latham" at "30/08/2013 - 15:36":

Thanks for this, I have heard of people stealing properties. Usually it's those which have no mortgage ot the owner overseas as there is no other party to query the transaction. The Land Registry now allows you to restrict the sale by insisting on certified ID and I think all landlords would be well advised to consider doing so, it's form RQ. It's been advertised for a while but has only just been put on the website.

I also saw a scam on Heir Hunters where someone had forged a will which fortunately had been discovered but the criminal had previously been successful and was only caught when the property became subject to an inheritance investigation as it was thought that there was no will and one suddenly appeared after about three months.

Reply to the comment left by "Mark Alexander" at "30/08/2013 - 16:40":

That is interesting - is it a criminal offence? Presumably not, so you would have to apply to a court under civil law?

The complaint can be taken to the Property Ombudsman and need cost the tenant nothing

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What if the letting agent is not a TPOS member?

PS there is also a law which says what an estate agent is and that all estate agents need to be a member of a redress scheme. I can find no evidence of enforcement of that either. All Property Sourcers are technically estate events according to the law but I reckon less than 10% of them have any PI insurance so they don't qualify to be members of TPOS or Ombudsman Services.

Reply to the comment left by "Puzzler " at "30/08/2013 - 12:12":

I'm not quite sure myself which is why I recommended seeking good legal advice but eg, Section 47/48 notices invalid

This letter is to clarify the legal position that exists when a tenant wishes to end a tenancy.
 
Our tenancy agreement stipulates that you should give 4 weeks written notice and grant us access to allow advertising to be placed etc.
 
 That is an agreement between ourselves and as such can be negotiated on a case by case basis.
 
 However, in addition there is a legal requirement that must be met to comply with current legislation.
 
 The law is the Prevention from Eviction Act 1977 and it describes what the criteria from both parties must be to avoid breaching the law.
 
 I won’t go into too much detail, to do so, you should contact a solicitor, citizens advice or a local housing officer, who can advise you further, but my own personal understanding of the law is that the following points must be met, before a legal notice period can be accepted. (This is called “Prescribed Information”).
 
 ·  The notice must be in writing
 
·  It must be delivered at least 4 weeks before the notice period ends or 1 month if rent is paid monthly
 
·  It must bring the tenancy to an end at the end of a full rent period.
 
 Obviously, you may wish to check this information out yourself, so I have listed below some web site links to various organisations that also provide this information.
 
 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/11894/138304.pdf
 

 
http://www.thompsons.law.co.uk/factsheets/assured-shorthold-tenancy.htm
 
 
I hope that this clarifies why your notice is required.

Even Shelters web site instructs on 4 weeks notice.

I am not aware of the Act being repealed and so there are various case law incidents where the landlord has stuck to their guns and won.

Reply to the comment left by "Gary Dully" at "03/09/2013 - 09:09":

Hi Gary

I think you are confusing the notice which must be given by the tenant to vacate with the notice that a landlord must give to a tenant prior to seeking possession via the Courts.

Reply to the comment left by "Mark Alexander" at "03/09/2013 - 09:27":

Thanks for your response mark,

I can assure you there is no confusion - the law quoted states what the tenants obligations are for both parties.

In Section II - Part 5 its states...

Validity of notices to quit.(1)[F14Subject to subsection (1B) below] no notice by a landlord or a tenant to quit any premises let (whether before or after the commencement of this Act) as a dwelling shall be valid unless—
(a)it is in writing and contains such information as may be prescribed, and
(b)it is given not less than 4 weeks before the date on which it is to take effect.

Please check this at the following link -http://www.legislation.gov.uk/ukpga/1977/43

because it saves me a great deal of money from tenants who scream when I do something wrong, but think they can get away with murder when they have messed up my property and leave after giving me two nanoseconds notice..

Reply to the comment left by "Gary Dully" at "03/09/2013 - 10:09":

If we are discussing what the tenant needs to do about serving notice, please explain the relevance of your comments in terms of Prescribed Information. Whether or not a landlord served prescribed information property or even not at all has no bearing whatsoever on the tenant being able to give notice.

If we are talking about the notice periods which the landlord must give prior to seeking possession the correct periods are either two weeks or two months depending on the basis of the notice being section 8 or section 21 of the 1988 Act.Insofar as prevention of eviction and prescribed information the relevant legislation is the Localisation Act 2011.

Four weeks notice is only applicable to the notice required for tenants to serve landlords assuming a fixed agreement has expired..

Therefore, I maintain that you are confusing this thread.