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R J Dearden

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  1. Apologies to Mods - not offering advice here. Just seeing if could assist the OP with a buyer for their rented property. Information could be personal and therefore sent PM in case OP did not want it in the public domain.
  2. I would only send them your agreement (extensions thereto) if you are currently within a fixed term tenancy, as informing them the alternative ie that your are within a statutory periodic or month to month gives them the potential ammunition to serve 2 months notice upon you (if you are on an assured shorthold tenancy). I would not inform them about the rent arrears - let them demand the rent arrears from you as they may not even know about it. Difficult to say what they will do with the property but they have the option of keeping it rented out or serving notice to sell - same as with any owner/landlord.
  3. IMHO it depends on how the original contract and break clause were written and how the subsequent extensions to the original agreement were written. If the landlord issued a full new tenancy agreement for each of the six months it could be argued that the landlord's notice to quit will not effect until the end of the 6th month of the current contract. If however the contracts to extent the extent the original tenancy are purely addendas to the original contract (agreement to carry on the original contract with new dates) it could be argued that the landlord has every right to serve notice and seek possession. In any event if you stay until the 20th May the landlord is unlikely to get anything done (under law) to evict you by this time due to the lengthy processes.
  4. I suggest you email and write a letter to the MD of the agency stating that they are breaching your statutory right to quiet enjoyment at your home and require reasonable notice for any access in the future. Failure to do so could result in your seeking action against them for their breaching your quiet enjoyment and harassment. You may wish to copy the landlord in too.
  5. Ask what the landlord's costs are in finding a new tenant. If reasonable offer to pay the cost on the basis that from the start date of the new tenancy your liability under your agreement ceases completely - ideally sign a surrender agreement. This way the landlord has a new tenant at no cost to them nor any void periods and does not have to pay the relet costs & voids which are coming up in Sept.
  6. You could just request for the tenancy to fall into a statutory periodic tenancy or month to month notice - this happens automatically under law following the end of a fixed term AST and does not need expensive contract extensions to confirm it.
  7. Looking at the agents website unfortunately they appear not to be a member of a governing body such as ARLA or RICS. Good luck with your dispute with TDS.
  8. No ... specialist & renowned landlord tenant lawyers - yes there is the possibility that the tenant gets in contact following the change of locks and wants back in after going through the whole procedure - if so let them back in!! So what do you do in the scenario I have set out above - take the tenant that you cannot find to court to get an eviction order? Taking months whilst your property is sat empty and you know your tenant is not there? At least if the tenant does come back hard at you, you have shown that you have done everything within your power to contact them and ensure that they no longer live there.
  9. Yes illegal eviction IF the landlord knows the tenants are still there! What is abandonment? Abandonment of the property is a situation whereby the tenant(s) has vacated the property without notification and without returning the keys during the tenancy. If the tenant has returned the keys and vacated or notified the landlord that they have vacated, then the property has not been abandoned. If the landlord has willingly accepted keys and/or let the tenant go, it may be deemed that the tenancy has been surrendered and no further rent is lawfully due. How to determine whether the tenant has abandoned the property: The landlord may be alerted to the property being abandoned by: Tenant(s) missing rent payments Tenant(s) not answering telephone calls/messages left/knocks at the door over a reasonable period of time Communication with the neighbours who inform the landlord that they have not seen the tenant for some time If all attempts to contact the tenant have failed, the landlord should send a letter stating that if no contact is returned, access will be made after 24 hours, following delivery of the letter. Following the expiry provided, maybe possible to enter the property to check for signs of abandonment. Checking for signs of abandonment at the property Upon entering the property, check the fridge for fresh food, the wardrobe for clothes and check mail but do not open. Unfurnished / part furnished property Where the furniture is owned by the tenant, if all the furniture (and related belongings) have been moved out, it MAY be safe to assume that the tenant no longer resides at the property. In this case, the landlord is free to change the locks and re-let the property to mitigate losses. If some or all of the tenant’s belongings are in the property the landlord should place an ABANDONMENT NOTICE clearly stuck on the inside of the front door so as to be seen by the tenant. Fully furnished property In a fully furnished property, it can be difficult to know whether the tenant has abandoned the property. It is recommended that an ABANDONMENT NOTICE is clearly stuck on the inside of the front door. Once the abandonment notice has expired without contact from the tenant, the landlord is entitled to change the locks. A golden rule: Landlords must not change the locks unless absolutely sure that the tenant has left the property permanently. The landlord could be sued/counter-sued for wrongful eviction.
  10. Really!!! I'll think you'll find that specialist Landlord/Tenant lawyers are aware of them as are reputable letting agents. It may not be in a prescribed form nor part of any std legal procedure but they are used. Agreed they should not be used in an attempt to get possession when the landlord KNOWS the tenant is still in occupation BUT if a landlord is uncertain whether a tenant still resides at a property and wants to ensure the security of their property then a notice upon the back of the front door stating that the locks will be changed within 14 days due to the landlord believing the property has been abandoned. The tenant if still in residence would contact the landlord on the number provided on the notice if they still reside there thus stopping any change of locks. There are other indicators as to whether a tenant is resident or not - talking to neighbours etc
  11. So if a tenant connects the phone line with a provider and ALL the sockets are shot/broken which are provided as part of the property and are on the inventory you would still not repair the socket?
  12. If there is not another socket working correctly within the house, then I would say the landlord has an obligation to repair it. Otherwise unless it specifically states in the contract that the landlord will supply a working telephone socket within the study then I would say you have little grounds to enforce a repair.
  13. If a landlord believes a property has been abandoned but is not 100% sure then they should place an Abandonment Notice within the property allowing it to expire (usually following 14 days) before changing the locks if the tenant does not contact the landlord. You MAY wish to inform the landlords representative that if they send a locksmith you will be contacting the police.
  14. I was going to suggest exactly what you intend - serve notice on the basis of the clause in the contract and see what they say!
  15. I agree that it's poorly drafted. Looks like a mistake to me that has not been amended from a std 6 month term. Question is: are you wanting to leave and therefore serve notice (or attempt to) prior to the expiry of the 12 month term?
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