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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a relatively new Letting Agent. An investment landlord

Resolved Question:

I am a relatively new Letting Agent. An investment landlord has signed over 2 properties for me to manage. Both properties have tenants who have been in residence for over 12 months and the tenancies are no periodic. At the time of signing the original tenancy agreements the landlord did not take depositis. He now wants
a) A new tenancy agreement which replaces the original tenancy agreement and
b) To obtain a deposit from each tenant equivalent to one month's rent.
I don't think the tenancy agreement is too much of an issue as effectively they are the same other than naming me as the agent for the landlord, however I don't think the tenants can be made to pay a deposit at this stage and it certainly wouldn't be any grounds to remove them from the property.
Any advice gratefully received

Thanks.

Nigel Crowe
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi Nigel,

 

If the tenancies are periodic tenancies then you may serve a s21 notice under the Housing Act giving them 2 months notice with such notice to expire on the final day of a rent period. He does not need to give a reason for this. After the notices have expired he may then apply for a Court order for possession if the tenants did not vacate. It's very important that the notice is in the correct form and served correctly, there are a number of online document providers who you can google in this regard.


There is nothing illegal about offering the new tenancy with deposit but stating that if this is not accepted then he will serve the s21 notice period and issue possession proceedings if they do not vacate. It's hard bargaining, it's not illegally - it's the landlord's prerogative on what terms he is to offer.

 

Remember, of course that any deposit taken will have to placed in a tenancy deposit scheme:-

http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/DG_189120

 

If the deposit is not so placed then the tenant may be able to sue you for the return of the deposit and a fine payable by the landlord to him of three times the deposit amount..


if this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
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