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Landlord.co.uk:: Q&A
181 questions, and 3 questions waiting for answers.
Q: tenant always late apying rent now 1 week away from being 2 months unpaid. Can I change the locks and put him out? Lorraine - Lorraine A: You should speak with paul at landlord action 0845 881 0011 he can start proceedings against the tenant.Disclaimer The advice given should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor and not take landlord.co.uk ltd advice literally.
Q: I began renting out my property in Dec 07 and have tenants in there on a years lease. They are always late paying their rent, even though I remind them prior to due date they have not made 1 payments on time and are always 4-5 days late. They seem to have trouble setting up a standing order for rent money as I requsted. Since renting the property my financial situation has changed aswell as being 8months pregnant and not wanting the added hassle of chasing for rent every month. My current mortgage deal comes to an end in July and this will cost an extra £150 pcm than they are paying. Am I able to serve notice to them on the property even thought they have a lease until Dec? - Emma Upton A: You can as the landlord negiotate terms for tenants to move out but if they want to stay there isnt alot you can do about it as they have the lease in place unless there are any clauses in the lease which release the landlord or tenant from the rented property. Disclaimer The advice given should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor and not take landlord.co.uk ltd advice literally.
Q: On my first night in newly rented property I could hear rodents of some kind running about on the roof as well as some squeaking. My contract binds me for 6 months before I can move out. Please can you tell me what rights I have with regards to giving immediate notice? Many Thanks, Louise Appel - Louise Appel A: You have to give the landlord notice of the problem to get it sorted if the problem hasent been sorted or strted to be after 10 days you should be able to give immediate notice to the landlord to vacate the rented property Disclaimer The advice given should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor and not take landlord.co.uk ltd advice literally.
Q: Do you have a landlord/tennant template for a tennancy agreement that i can download? - Heather Peet A: go to the document store page on the front of landlord.co.uk all landlord and tenant agreements are on this page
Q: Write your question here I had an offer from a prospective tenant to rent my property through and Agency Chesterton. THey paid their deposit in order that I would take it off the market. There move in date was 7th May. THey have now changed their mind want their deposit back. Are they entitled to this? - Name nikkishelley A: This maybe seen as as holding deposit which should be kept if they dont complete due to lost rent while holding the property off the market. Disclaimer The advice given should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor and not take landlord.co.uk ltd advice literally.
Q: there are bugs in the house that we rent(7-months ago) before we moved in, who is responsible? - Valerie A: Infestations of a rented property are normally the resposibility of the landlord unless it has been caused by the tenant from dogs cats etc. Disclaimer The advice given should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor and not take landlord.co.uk ltd advice literally.
Q: Whose responsability is it to fix the fence of my backyard.Is it my responsability or is it my neighboor's responsability and mine? My neighboor told me it was my responsability because the fence was facing my house. - Cristal A: You need to see whos boundary it belongs to and if there are any covenants on it, a solicitor can do this for you. Disclaimer The advice given should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor and not take landlord.co.uk ltd advice literally.
Q: I HAVE A LADY WHO HAS BECOME IN ARREARS WITH HER RENT AND KEEPS BOUNCING CHEQUES ON ME. HER CONTRACT BECAME DUE FOR RENEWAL ON THE 1ST APRIL BUT SHE HAS GONE TO POLAND TO VISIT FAMILY FOR THREE WEEKS AND HER CHEQUE HAS AGAIN BOUNCED. SHE HAS BECOME A COMPULSIVE HOARDER AND HAD TAKEN OVER THE WHOLE HOUSE WITH EXTREME AMOUNTS OF PAPERS ,CLOTHES ETC AND I HAVE GIVEN HER LETTERS GOING BACK SINCE MAY 2007 AND FINALLY GAVE HER NOTICE TO QUIT ON THE 26TH JANUARY 2008. I GAVE HER TILL THE END OF MARCH TO GET HER RENT UP TO DATE AND MAKE THE HOUSE BACK TO THE CONDITION IT WAS WHEN SHE TOOK TENNANCY BEFORE I WOULD CHANGE MY MIND.I HAVE ALSO BEEN TOLD THAT SHE HAS LOST HER JOB . DUE TO HER PROBLEMS I AM HAVING TROUBLE KEEPING THE OTHE TWO ROOMS OCCUPIED. I HAVE TRIED TO CONTACT HER IN POLAND AND LEFT HER MESSAGES FOR HER TO REMOVE HER POSSESSION BUT HAVE HAD NO REPLY. I NOW WANT TO CHANGE THE LOCKS AND RE LET HER ROOM. SHE HAS REMOVED SOME OF HER POSSESSIONS FROM THE COMMUNAL ROOMS TO HER ROOM , BUT IT NOW IMPOSSIBLE TO GET IN AS IT IS FULL EXCEPT FOR A SMALL ALLEY TO THE BED. I LET THE HOUSE MYSELF AS IT WAS PREVIOUSLY MY FAMILY HOME. I HAVE COPIES OF ALL THE LETTERS SENT TO HER. COULD YOU PLEASE TELL ME IF I CAN CHANE THE LOCKS AND RE LET THE ROOM THANK YOU - NameLINDA A: You need specialist legal advice as a landlord your tenant still has some right even if she has done the afore mentioned things. Contact Paul (0845) 8810011 at landlord action he should be able to help. Disclaimer The advice given should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor and not take landlord.co.uk ltd advice literally.
Q: is there a way a Landlord can get around using a Tenancy Deposit Protection scheme for an AST which commenced after 6th APril 07? My colleague has warned me that my prospective Landlord may try to get out of using the scheme. Can they term the security deposit something othewr than a secutrity deposit. if the sum of the deposit was over a certain figure is it still classed asa a deposit? - carl Roberts A: Landlords should by law use a tanancy deposit scheme. Seek legal advice from the citizens advice or housing law website they should be able to help with your landlord. Disclaimer The advice given should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor and not take landlord.co.uk ltd advice literally.
Q: My tennant is now 2 months in arrears with his rent and despite assurances he would pay on 15th April 2008 we have not received payment. He will not answer our phone calls, he just rejects the calls. What do we do now to get him out of the property a.s.a.p. His tennance expires on 10th June 2008. - Vicky Huck A: Give Paul (0845) 8810011 a ring at landlord action they normally get things sorted say landlord.co.uk sent you and they will look after you.Disclaimer The advice given should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor and not take landlord.co.uk ltd advice literally.
Q: We have had lots of promblem with our landlord frist our washing machine wasn't worked for over 5 month, he gone a way for up 3 month without say how contat him let us know he has gone which in this time has 2 bad leak from the upstairs flat could not get hold of him. On hes return there was a problem mine flat mate payment not go through which he inform us then she pay in the rent straight to hes bank, text him to say had done so for 2 month worth of rent. Then she got a text about ten days later say he given 48hrs notices if not he will lock us out which we didn't understand as we up to date with payments. Two day later he had change the lock to flat then we found out that hes bank had miss lay the payment which bank contact him say was their misstake we enter the falt by using locksmith as the ploice say we are within our right to do so. He call just text to say owe him £250 for he time. We repaly to him in wirtting the we feel £250 wasn't fair chrange also we with hold some rent as washings machine still not working he never contact us back now our 1 year is up so have move out but renturn any call from us he still got the deposit! - H A: You need to read the landlord and tenants rights on our front page. I would also seek legal advice from the citizens advice they should help with all the rental problems.Disclaimer The advice given should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor and not take landlord.co.uk ltd advice literally.
Q: our landlord has change the locks on our flat and he only give notice by text given 48hours, we now found out that he's bank has miss lay my flat mate rent for 12 day so where do we stand? - Hannah A: The landlord has to follow proceedings to evict a tenant for what ever reason. Cahanging locks doesnt really conform to a landlords responsibilities. You should talk to citizens advice they should help you with the landlord. Disclaimer The advice given should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor and not take landlord.co.uk ltd advice literally.
Q: My elderly parents rent a house out from which the tennant has done a runner owing approx £3k, any ideas how to track someojne down or any action that could be taken. - NameGareth A: You can try here this somtimes works or a private investigator could also help.http://www.electoralcommission.org.uk/your-vote/access.cfm Disclaimer The advice given should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor and not take landlord.co.uk ltd advice literally.
Q: I have a tenant on a short assured tenancy in Scotland (six months) and we renew the agreement every time it expires. The tenant has asked me if he can lease the property for five years. On the face of it, this suits us both. I live abroad and do not plan to return to UK until retirement. So a long-term tenant gives me peace of mind. The tenant loves the village and also wants the security of a long term let. What are the main advantages/disadvantages to a landlord of a long-term lease over a short assured tenancy? I'm told that one advantage of a lease is that the tenant assumes the landlord's responsibilities for repairs? - Name george thomas A: Long term lets can always give peace of mind. The way to do this is to get a solicior to draw up a lease as a normal one will not do you can add things into the lease like the repairs on the rented property. This will ensure it is done properly. Please read below as the landlord must act to sort the problem especially as it is a risk to health and safety Landlord's Responsibilities • Maintain and repair the premises to comply with housing codes and regulations. • Maintain structural components of the dwelling (roofs, floors, walls, fireplaces). • Provide adequate locks and keys. • Maintain electrical, plumbing, heating, and other appliances in good working order. • Keep the premises in reasonably weather-tight condition. • Control infestations by insects, rodents, and other pests before the tenant moves in. The landlord must continue to control infestations except in a house (e.g., single family dwellings) or when the problem was caused by the tenant. • In apartments, studios, or any dwellings excluding houses, the landlord must provide garbage cans and arrange for garbage removal. • Keep common areas such as lobbies, stairways and halls reasonably clean and free from hazards. • Make repairs to keep the unit in the same condition as when the tenant moved in, except for normal wear and tear. • Provide smoke detectors, and ensure they work properly when a new tenant moves in. (Tenants are responsible for maintaining detectors.) A landlord is not responsible for the cost of correcting problems which are caused by the tenant. Repairs When something in the property needs to be repaired, the tenant's first step is to provide written (or otherwise agreed upon form of) notice of the problem to the landlord or person who collects the rent. The notice must include the address and apartment number of the rental and a description of the problem. If possible, it's a good idea to deliver the notice personally. After giving notice, the tenant must wait the required time for the landlord to begin making repairs. Those allowable waiting times are: • 24 hours for no hot or cold water, heat, or electricity, or for a condition that is imminently hazardous to life • 72 hours for repair of refrigerator, range, and oven, or a major plumbing fixture supplied by the landlord • 10 days for all other repairs If repairs are not started within the allowable time, and you are paid up in rent and utilities, you may exercise the following options: • Move out. After waiting the required time, the law allows tenants to give written notice to the landlord and move out immediately. Tenants are entitled to a prorated refund of their rent, as well as the deposits they would normally receive. • Litigation or arbitration. A tenant can hire an attorney and go to court to force the landlord to make repairs, or, if the landlord agrees, the dispute can be decided by an arbitration service. Arbitration is usually less costly and quicker than going to court. • Hire someone to make the repairs. In many cases, the tenant can have the work done and then deduct the cost from the rent. Before the work is done, the tenant must submit an estimate to the landlord. To speed up the repair process, the estimate can be given to the landlord along with the original notice of the problem. The total cost of the repairs that may be deducted from the rent cannot exceed the amount of one month's rent. Despite what you may hear from trusted and well-meaning advisers, you may not withhold your rent payments until the landlord makes repairs. You can be evicted for doing this. Disclaimer The advice given should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor and not take landlord.co.uk ltd advice literally.
Q: I have recently moved into a rented flat,and am not happy at all with it now.There are quite a few holes in the property,some I have filled,and have have just discovered lots of mouse droppings in a kitchen cupboard. Can I get out of a 6 month lease over this??? Thank you - NameWendy Clark A: Please read below as the landlord must act to sort the problem especially as it is a risk to health and safety Landlord's Responsibilities • Maintain and repair the premises to comply with housing codes and regulations. • Maintain structural components of the dwelling (roofs, floors, walls, fireplaces). • Provide adequate locks and keys. • Maintain electrical, plumbing, heating, and other appliances in good working order. • Keep the premises in reasonably weather-tight condition. • Control infestations by insects, rodents, and other pests before the tenant moves in. The landlord must continue to control infestations except in a house (e.g., single family dwellings) or when the problem was caused by the tenant. • In apartments, studios, or any dwellings excluding houses, the landlord must provide garbage cans and arrange for garbage removal. • Keep common areas such as lobbies, stairways and halls reasonably clean and free from hazards. • Make repairs to keep the unit in the same condition as when the tenant moved in, except for normal wear and tear. • Provide smoke detectors, and ensure they work properly when a new tenant moves in. (Tenants are responsible for maintaining detectors.) A landlord is not responsible for the cost of correcting problems which are caused by the tenant. Repairs When something in the property needs to be repaired, the tenant's first step is to provide written (or otherwise agreed upon form of) notice of the problem to the landlord or person who collects the rent. The notice must include the address and apartment number of the rental and a description of the problem. If possible, it's a good idea to deliver the notice personally. After giving notice, the tenant must wait the required time for the landlord to begin making repairs. Those allowable waiting times are: • 24 hours for no hot or cold water, heat, or electricity, or for a condition that is imminently hazardous to life • 72 hours for repair of refrigerator, range, and oven, or a major plumbing fixture supplied by the landlord • 10 days for all other repairs If repairs are not started within the allowable time, and you are paid up in rent and utilities, you may exercise the following options: • Move out. After waiting the required time, the law allows tenants to give written notice to the landlord and move out immediately. Tenants are entitled to a prorated refund of their rent, as well as the deposits they would normally receive. • Litigation or arbitration. A tenant can hire an attorney and go to court to force the landlord to make repairs, or, if the landlord agrees, the dispute can be decided by an arbitration service. Arbitration is usually less costly and quicker than going to court. • Hire someone to make the repairs. In many cases, the tenant can have the work done and then deduct the cost from the rent. Before the work is done, the tenant must submit an estimate to the landlord. To speed up the repair process, the estimate can be given to the landlord along with the original notice of the problem. The total cost of the repairs that may be deducted from the rent cannot exceed the amount of one month's rent. Despite what you may hear from trusted and well-meaning advisers, you may not withhold your rent payments until the landlord makes repairs. You can be evicted for doing this. Disclaimer The advice given should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor and not take landlord.co.uk ltd advice literally.
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