Tag Archives: Tenant Rights

13Jan 2012

Tenant issues: Notice to leave must be correct.

⋅ Leave a Comment

By Steve Roulstone

One issue which happens again and again is the need for a Tenants notice, to be in line with the rental payment period and time and again, we receive notices which do not reflect the correct timescale. The problem that has arisen in our offices this month, highlights another way in which this occurs and despite the fact that I have written about this before, I feel that there is an additional point here which could help to both clarify and assist in enabling Tenants to get this right.

Last person to hear.

The problem this week, in both cases, was that we ended up being the last person to hear what the Tenant was planning, and it has struck me that the reason is because it is highly likely (confirmed in one of the cases I am referring to) that the Tenant feels that when notice is given, it is not what we wish to hear and will be looked on as bad news. This is of course, not the case. In fact, when available property stocks for marketing are low, exactly the opposite!

Minds at rest.

The issue for the Tenant is to be assured that when they advise us of their intention to leave, it will not be bad news and that by being involved from day one we may be able to assist the timing and circumstances surrounding the move to the benefit of all concerned. Certainly advance notice as far as the Landlord is concerned is always good news and should we be able to allow the existing Tenant to leave early (only of course when a new Tenant is moving in to replace them) nobody is disadvantaged.

Keeping people informed.

The media is quick to jump on any situation where Tenants are ill informed and rightfully so, but if we can re-assure our Tenants from day one that any news, including the desire to move on, is welcome, then perhaps we can save ourselves and all involved the problems that occur when we have to point out that the notice, which normally coincides with the date they have already arranged to move, is not actually in line with the payment dates and (at times) still has a further three weeks to run for which they remain liable!

Communication.

So, not so much Location, Location , location – more Communication – well you can see where I am going. At Stafford we will be introducing notification which tries to assure the Tenants that any news will be treated equally by our office, no matter what and try to encourage them to advise us as soon as they are able when they are considering moving, so at the very least, they understand the existing liability and need to serve notice in the correct manner. But the issue here is not what we say to Tenants, rather what Tenants say to us, because it is they who need to improve their communications and all we can do is encourage them to speak to us.

Point of contact.

How we deal with this, because we have a busy office where any tenant may find themselves speaking with any of our different Agents, is ensure that the person who originally moved them in to the property, deals with them through to and including the Check in and out. Therefore they will be referred to somebody they already know and that, hopefully, makes it easier for Tenants to speak with us!!

17Nov 2011

Tenant advice: Notice period and final days.

⋅ Leave a Comment

By Steve Roulstone

It is a real advantage to be able to comment on situations which arise through the daily activity in our office as letting Agents, because it means that the Blogs are always relevant. This week is no different. Once again a theme which crops up on a regular basis has been discussed and I felt would make a good subject to advice Tenants about what to expect at the end of a Tenancy.

A full month’s rent?

It is rare for a Tenant to pay a full month’s rent for both the first month or the last month of their Tenancy and this would only happen, if for example, the Tenancy started on the 1st day of the month and ended on the last day of the month! There are two ways of dealing with rent payments and at Castle Estates Stafford, we opted for the system of taking a payment for the first month for the days remaining in that month and from then on rent is due on the 1st of the month for each calendar month in full. The other is to always take a full month’s rent due on the date that the Tenant moves in and the due date remains as that day throughout the Tenancy.

Matter of choice.

The problems are present for both systems, for example having the date a Tenant moves in as a due date, causes problems for any move after the 28th, because of February and months that only have 30 days. With our system, it is explaining why they do not just pay for a full month on the day the Tenancy commences. But as it is our job to look after Landlords first and foremost, we find that arrears are easier to control if all rents are due on the same day, then all arrears are of the same length and letters are all sent at the same time.

Monies due at the end of Tenancy.

The issue that does arrive though is not when Tenants leave at the end of a month, in line with the required length of notice, but when they leave at any other day in the month and for some reason feel that for example, if they leave on the same date they move in, the rent paid at the beginning of the Tenancy covers the extra days – is does not!

Best solution.

Has got to be good communications! It is important that Agents make it clear to Tenants what is due when and why, and of course systems in place to cover this ensure all Tenancies are treated the same. With the Tenants Deposit Scheme ensuring both parties to a deposit are happy prior to any return, it is doubly important to get this right. Bad communication in my experience leads to people digging their heels in and unless we as Agents can show clear instruction and reasoning, our customers, our Landlords, may lose out.

Proper dues.

Of course it is only what is legally due that Agents will collect and the best solution when all else fails, is to add up in total the number of days associated with any part months (only ever the first and last months) and with a daily rate to hand, calculate the rent due for both periods. Of course the daily rate has to be in line with the manner in which the courts approve daily rates to be calculated which should be confirmed as well, hopefully then as is the case with most Tenants the calculation is both understood and accepted. Unlike the Tenancy that ended badly because the Tenant expected a full month’s rent to be returned as well as the deposit, because he paid his rent in advance, even though his last payment was at the start of the month and he left on the last day!

17Jun 2011

Rental Issues: Tenant Notice in periodic agreement.

⋅ Leave a Comment

By Steve Roulstone

This is one of those subjects that always causes problems when Tenants wish to end a Tenancy but do not understand the manner in which the agreements have to be handled once an agreement has become periodic, so I would like to clarify, without giving to many ifs and buts, which is what you find whenever you research this issue, in simple terms.

Periodic agreement.

Firstly, let’s confirm what a periodic agreement is. This is when an Assured Shorthold Tenancy agreement has gone past its original fixed period and whilst the agreement still applies to both parties, it has not been superseded by another agreement and nobody has given Notice. This is a very common form of allowing Tenants to stay in the property, but without having to tie them down to another fixed period. As I have stated before, flexibility is usually the choice of the Tenant in reality and Landlords who wish to have fixed terms only, can cause Tenants to move on anyway, because they feel they no longer have the freedom to move when they wish.

Notice when they choose.

And this is why it is popular with so many Tenants, because the opportunity to move when they wish ensures they can make that move when it suits the Tenant. In reality, it is my experience, that just to have the flexibility does not mean that they will then leave. Rather being given a choice to make about committing to another period of time actually forces a decision as against moving when a Tenants agreements become periodic after the initial term, but it is when that notice is given, that problems can occur if the manner of notice is not followed correctly.

Correct Notice.

The correct way to give notice on a periodic agreement is firstly to do so in writing (some agents will accept e-mail, but always check rather than assume) and then if a problem occurs it is because of the timing of this notice. Any notice on a periodic agreement must be in line with the payment dates of the agreement. Therefore, if rent is paid from the first to the last day of the month, as the easiest example, whatever day notice is given, the Tenant will be responsible for the rent and property until the last day of the following month the notice was produced and handed over. To clarify further, no matter what date the notice is handed in, from the 1st to the last day, when the payment period is the 1st of the month to the last, the Tenant,’s notice will end on the last day of the following month, ensuring that the notice served covers a complete payment period from the 1st to the last day.

Varients.

The situation can alter if rent due date continues to be from the date the Tenancy started. In my case we always make the payment date the first, ensuring Tenants always leave on the last day of any calendar month. But if you moved in on the 10th, then your payment period is from that day until the 9th and your Tenancy will end on the 9th, and your notice will therefore always cover a full monthly payment period between the 10th and the 9th.

Knowledge.

Of course, knowledge is everything and hopefully your Agent/Landlord would have explained this at the start of the Tenancy, but because it is complicated and so many people believe that notice is just a four week period starting from the day notice is given, this so often becomes a confusing situation at the end of what has hopefully been an enjoyable stay. Again from personal experience, even when this is explained at the beginning of a Tenancy, if the Tenant has lived at the property for two to three years, then of course remembering becomes very difficult. So please bear with your Agent or Landlord when they explain this situation, they are after all, only explaining how the law works!

24May 2011

Current Porperty News: TDS Legislation under threat.

⋅ 1 Comment

By Steve Roulstone

There have been reports in the press recently about the recent judgement in the Court of Appeal on the Gladehurst Properties Ltd v Hashemi. This case will undoubtedly have an effect on the Tenancy Deposit protection legislation, but rather than being a decision that will drive a nail in the coffin of the intended protection for Tenants, I believe that it will leave the door open for the matter to be addressed by the Government in the upcoming  Localism Bill and indeed this decision may encourage further legislation which could impose further requirements on the Industry as it is highly possible that such ‘holes’ will attempt to be plugged as well as any perceived problems brought to light by this judgement are considered as well.

Joint action required.

The case failed in the full award of the penalty as prescribed in the bill (Three times value of deposit as a fine) because of two problems the first being that this was a joint Tenancy and the action was bought by one Tenant (Hashemi) without the knowledge of the second (Johnston) (For clarity Gladehurst Properties Ltd were the Landlords) The implications of this are that Tenancies involving more than one person, such as Student or any joint Tenant situation, especially for example if one Tenant is not accessible (left the area, left with debt to the other parties) as it would become impossible for the second / remaining Tenant/s to take any action to recover the deposit. This is the kind of area I mean the Government may want to get involved in addressing. Then if the Tenants disagree? Well let’s just leave that one hanging!

Part returned Deposit.

Another area that could invite further legislation is the situation where some of the deposit has been returned, but not the whole. This is of course a common occurrence, especially for Private Landlords, as agents we should be aware of the implications, which will be clear no matter which scheme is used for Deposit protection. So the Landlord does not register, returns half the deposit and leaves the Tenants with no comeback or protection. This is where the main ‘hole’ will need to be fixed, but there is no doubt again that the Government will look at other areas where legislation could further protect the Tenants rights as intended under the initial legislation.

Further appeal.

I have also heard that many feel the case should be referred to the Supreme Court because of the long term implications to the TDS legislation but because of the sums involved this could be a none starter. But I think it is important to state and for Tenants and Landlords to understand that the implications are not yet fully known but it is not a case of the legislation being filed in the draw marked bin just yet! There is no doubt that it will be addressed and re-enforced by the Government 

There have been reports in the press recently about the recent judgement in the Court of Appeal on the Gladehurst Properties Ltd v Hashemi. This case will undoubtedly have an effect on the Tenancy Deposit protection legislation, but rather than being a decision that will drive a nail in the coffin of the intended protection for Tenants, I believe that it will leave the door open for the matter to be addressed by the Government in the upcoming  Localism Bill and indeed this decision may encourage further legislation which could impose further requirements on the Industry as it is highly possible that such ‘holes’ will attempt to be plugged as well as any perceived problems brought to light by this judgement are considered as well.

Joint action required.

The case failed in the full award as prescribed in the bill (Three times value of deposit as a fine) because of two problems the first being that this was a joint Tenancy and the action was bought by one Tenant (Hashemi) without the knowledge of the second (Johnston) (For clarity Gladehurst Properties Ltd were the Landlords) The implications of this are that Tenancies involving more than one person, such as Student or any joint Tenant situation, especially for example if one Tenant is not accessible (left the area, left with debt to the other parties) as it would become impossible for the second / remaining Tenant/s to take any action to recover the deposit. This is the kind of area I mean the Government may want to get involved in addressing. Then if the Tenants disagree? Well let’s just leave that one hanging!

Part returned Deposit.

Another area that could invite further legislation is the situation where some of the deposit has been returned, but not the whole. This is of course a common occurrence, especially for Private Landlords, as agents we should be aware of the implications, which will be clear no matter which scheme is used for Deposit protection. So the Landlord does not register, returns half the deposit and leaves the Tenants with no comeback or protection. This is where the main ‘hole’ will need to be fixed, but there is no doubt again that the Government will look at other areas where legislation could further protect the Tenants rights as intended under the initial legislation.

Further appeal.

I have also heard that many feel the case should be referred to the Supreme Court because of the long term implications to the TDS legislation but because of the sums involved this could be a none starter. But I think it is important to state and for Tenants and Landlords to understand that the implications are not yet fully known but it is not a case of the legislation being filed in the draw marked bin just yet! There is no doubt that it will be addressed and re-enforced by the Government