Before you say its over

“Before you say Its Over!!!!!

In my soon to be published book, I made a comparison between the relationship in marriage and that of a landlord with his/her tenants.

Today I am looking at the dreaded section 21 what I refer to has the divorce process and the common mistakes landlords make when the file for divorce.

The prenuptial agreement 

Some landlords often apply for the Section 21 without protecting the deposit.

Section 215(1) of the Housing Act 2004 states that If a tenancy deposit has been paid in connection with a shorthold tenancy, no Section 21 Notice may be given in relation to the tenancy at a time when—

·          The deposit is not being held in accordance with an authorised scheme, or

·          The initial requirements of such a scheme (see Section 213(3) have not been complied with in relation to the deposit.

·          The deposit must be protected and the prescribed information must be served within 30 days of the deposit being taken.

Many landlords find this a hard bill to sallow has the deposit must be returned to the tenant before serving the section 21. Even after swallowing the bill it leaves a bitter taste in the landlord’s mouth has most times rent might be in arrears or the condition of the house not at its best.

Section 8 notice and procedure seems to be a good workaround, if the has not conformed to the terms of the Assured Shorthold Tenancy. However it is only a good workaround if the deposit has been protected probably, has the tenant might counterclaim which sometimes can carry a penalty between 1-3 time deposit amounts.

Who exactly did I marry?

One other thing that seems a “no brainer”, is what landlord name is stated on the AST. I have witness some cases where the property is owned by an individual, but the name on the Assured Shorthold Tenancy is either a company or the director of the company. Another common one is when someone is acting on behalf of the landlord and they are on the Assured Short hold Tenancy and not the landlord. Even a common spelling error and things that would affect serving the section 21.

Due diligence must be carried out by all parties involved before the Assured Shorthold Tenancy is signed.

Ok you are reading this now and noticed you have done the Assured Short Tenancy wrong, don’t worry all hope is not lost.

Serve the tenants with section 48 notice with the right landlord details, if deposit was protected with wrong details this must be returned has highlighted about. After doing this then you can serve the section 21.

Civil Licence

Often times before getting married some legal and religious permits must be obtained. This is different in private rental.

Earlier this year, most local authorities introduced a selective or additional licensing for private landlords, note this is not the same has an Houses in Multiple Occupation licence. If you fall under such licensing rules than you must have obtained this license before you can serving the section 21.

It’s not too late to do this so if you have rented without knowing the licensing rules of your local authority, make enquires now comply with all the provisions. If you need to serve a section 21 soon apply to the authorities get confirmation of your application, and in most cases the section 21 can be served before the licence is issued.

Is our Home Safe?

The start of a new life has married couple is very important and the house plays a very important part in that. Knowing you are moving into a home having to cope with your partners new habits it hard enough without the stress of no hot water or a blown fuse.

The same applies in the private rental, has a matter of fact has of 1st October 2015, landlords are required to provide their tenant with a how to rent book, gas safety certificate and the energy performance certificate.

“Yes you got that right” the section 21 cannot be served if the tenant has not been given copies of the above.

If you have not given the tenant the Rent Checklist the EPC and GSC at the start of the tenancy, or you simply cannot remember it would do no harm to provide them one before serving the section 21. Most courts often insist that this is in place before giving the possession order.

Watch one for my upcoming book.  Why Landlords and Tenants Fall Out Of Love!!

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