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Once a Section 146 Notice has been served does the landlord then need a Court Order to action eviction or can he just come in and change the locks? — by Maria Mason — last modified 2008-09-05 16:57

If you are served with a Section 146 Notice on your lease does the landlord need a Court Order to action eviction or can he just come in and change the locks - thus seizing the property and contents? We are in the midst of a battle with the landlord to renew our lease. He wants to clear the site for re-development. We have been good tenants and now he's pulling all the stops out to get rid of us because we've been standing our ground.

I am renting and initially had a six month contract. When this ran out I asked for a new contract but never received one. I now want to move out, how much notice do I need to give? — by Maria Mason — last modified 2008-09-05 11:25

I am in a privately rented flat and I paid £550 as a deposit when I first moved in. I had a six month contract and when this ran out I asked for a new contract but I never received one. I have now been living at the property for a year and want to move out. I just want to know how much notice I need to give and how soon I should get my deposit back?

Is there a maximum amount my rent can be put up in one go? — by Maria Mason — last modified 2008-09-02 17:47

Is there a maximum amount my rent can be put up in one go? I have a new landlady who wants to raise the rent after refurbishment work is complete, from £250 pcm to between £400 and £450 pcm.

My partner has rented his property but the tenant has not paid any rent, nor a deposit. How can we get them out of the property? — by Maria Mason — last modified 2008-09-02 15:58

My partner decided to rent his property. The tenant claimed Housing Benefit which was fine except that they have now lived there since the beginning of June and have still not paid a penny, not even a deposit - which my partner agreed that they could pay along with the rent in smaller amounts until it was paid in full. They signed a contract for a year but they have continually evaded meetings with my partner to sort out the payment, instead we have received a number of rather rude text messages saying they will be paying money along with a number of excuses, yet still not one single penny has arrived. We are very sure that they are in receipt of Housing Benefit. We have given them Notice to leave but now seem to have entered into a debate as to when the four weeks notice should begin from. We just want them out, what should we do?

Dogs are getting into the garden of my rented property through an insecure fence. Who is responsible for securing the garden? — by Maria Mason — last modified 2008-08-20 10:55

I have just moved into a rented property and am having a problem with dogs invading my garden. The garden is tree/hedge lined down both sides, with some rickety wire wound into the hedges, but there are gaps, and the wire is very low anyway and can easily be jumped. This morning a pair of dogs came into our garden (I believe they're from a couple of doors down, but not sure). I started to chase them away with a broom; one promptly ran back through the fence, the other started to come towards me as though to attack. I threw a bucket of water over it and it then ran away. My toddler has, until now, been playing out in the garden on his own and I am terrified that he might come under attack if this happens again. Who legally needs to secure their garden - me, as the tenant, my landlord, or the household with the dogs?

As a tenant with an assured shorthold tenancy, what is my legal position if the property is repossessed? — by Maria Mason — last modified 2008-08-19 13:31

As a tenant, if I have signed an assured shorthold tenancy contract for a property, what is my legal position if the property is repossessed? Are the new owners obliged to honour the contract and let me stay in the property to the end of the tenancy?

My tenant does not pay his rent and the Tenancy Agreement has expired. What is the best way to evict him? — by Maria Mason — last modified 2008-08-19 12:46

My tenant does not pay his rent and the Tenancy Agreement has expired. What is the best way to evict him? I have tried issuing him with a Section 8 Notice but his Solicitor has said it was not filled in properly so I cannot rely on it in Court. I have now issued him with a Section 8 and a Section 21 Notice - have I done the right thing?

If a tenant does not give back their keys are they liable for rent for the months awaiting return of keys? — by Maria Mason — last modified 2008-08-13 13:16

If a tenant does not give back their keys are they liable for rent for the months awaiting return of keys?

Should a landlord by law provide a fire extinguisher/blanket and should a smoke detector be mains powered rather than battery powered? — by Maria Mason — last modified 2008-08-06 18:12

Should a landlord by law provide a fire extinguisher/blanket? Also the smoke detector in the property was battery operated. Does this have to be run via the mains or is battery power sufficient?

My landlord has taken part of my deposit as I did not have the carpets professionally cleaned. My contract only states the carpets should be "cleaned" and I cleaned them myself. Is this acceptable? — by Maria Mason — last modified 2008-08-06 18:05

I have recently just finished my tenancy of a one bed flat (rented through estate agents). They have taken money from my deposit for not professionally cleaning the carpets. Now in my contract it states the following: "keep blankets, carpets, curtains and soft furnishings (if any) clean and to have them cleaned at the end of the tenancy". I did not have the carpets cleaned professionally but did clean them with my own personal carpet cleaner. Is this acceptable as my contract does not state they should be professionally cleaned?

I agreed to act as guarantor for my son and his girlfriend on their Tenancy Agreement, they are now splitting up, can I take my name off the guarantee? — by Maria Mason — last modified 2008-06-27 12:51

My son and his girlfriend are splitting up three months into a Tenancy Agreement which I signed as guarantor. If my son moves out can I take my name off the guarantor agreement? I don't see why I should have to be a guarantor for someone who is nothing to do with me anymore.

My landlord has increased my rent by £100 per month. Is there anything I can do? — by Maria Mason — last modified 2008-06-24 18:04

Can you please tell me if there is a certain percentage that a landlord can increase the rent by? My rent has increased by £100 per month. I was paying £415 and now been told to pay £515. I think this is a bit of a large increase and just wanted to know if there was anything I could say or do?

Am I able to claim housing benefit while I am in prison? — by Conrad Murray — last modified 2008-06-14 09:34

I am a pensioner living in London in sheltered accommodation and I receive housing benefit. I may have to go to prison. Will I still get housing benefit when I am in prison?

I have four tenants with a joint and several tenancy. They all owe me money, do I take action against each one or all of them? — by Maria Mason — last modified 2008-06-10 11:54

I have a student property with four tenants who each owe me around £900. The tenancy is a joint and several tenancy and states that they are all jointly and severally liable for any arrears at the property. My question is - when I go to the Small Claims Court to recover the arrears, do I ask the Court to award me just what each person owes or do I ask the Court to award me the grand total amount due? I'm not clear how I can enforce person A to pay me the rent owed by persons B, C and D?

I told my landlord and the letting agent I worked from home but now they say this is against my lease: if I move out where do I stand in breaking my rental agreement? — by Conrad Murray — last modified 2008-06-09 08:47

When I rented out my flat I advised both the landlord and the letting agency that I was a counsellor and worked from home, and would have people coming round the property. My letting agent has now called saying they have received a complaint from another resident about a possible business being run from the apartment which is proving to be disruptive and providing parking problems. They add that that this behaviour must cease as it is in violation of the terms of the lease. I have made the decision to find somewhere else to live as I have a small child, and wondered in the eyes of the Law where I stand in breaking the contract as signed for a year?

I have a joint tenancy and the other tenant has not paid his share of the rent for six months: can I have him removed from the tenancy? — by Conrad Murray — last modified 2008-06-09 08:20

I am currently renting a private property with a friend on a joint tenancy. My friend does not work and is currently claiming housing benefit. The problem is the other tenant isn't and has not paid rent for the last 6 months. As the rents is in joint names I have had to make up the difference. I told the letting company that I wasn't prepared to keep paying his part of the rent and I wanted him off the tenancy which they said they could not do. They have said that they will chase me for the rent money (my parents are the only guarantors).What is likely to happen?

I am a landlord and my tenant has not paid for two months. Can I evict them using their two months non-payment as notice? — by Maria Mason — last modified 2008-06-05 21:36

I am the landlord of a property and the tenant has not paid for two months. Their agreement finishes at the end of this month and I am being told I cannot evict as I have to wait until the end of the month and then issue Section 21 notice giving them two more months notice! Is this correct? If they have gone past ten days without payment, why can't you just evict and use their two months non-payment as notice?

I am a landlord and my tenant has asked who his deposit is being held with. I had not heard of the new deposit scheme, can I pay his deposit into a scheme retrospectively? — by Maria Mason — last modified 2008-05-30 11:23

I am a small time residential landlord, I do not use letting agents to find tenants but have always found them privately. I have a tenant who is due to end his tenancy in June 2008. He called me this week and asked me who his deposit was being held with. I said that I did not know what he was talking about and that I was holding it. He then explained the new deposit scheme to me which was the first I had heard about it. He told me I was breaking the law and that I would have to pay him three times the deposit. I have since looked into this and found this to be correct. Not having been aware of this law, can I retrospectively pay his deposit into a scheme before his tenancy finishes to avoid getting into trouble if he decides to report me?

My sister wants to replace the heating system at her own expense in her Council owned bungalow but the Council will not allow her to, are they acting legally? — by Maria Mason — last modified 2008-05-16 10:34

My sister is severely disabled with arthritis and lives in a Council owned bungalow. The property is heated by electric storage heaters which are very old and inefficient. My sister wanted them replaced with more efficient ones but the Council refused. She then got a quote from EDF Energy to supply and fit new storage heaters and she was going to pay for all the work. When she informed the Council of her plan to upgrade the system at her own expense, they wrote and told her she must not do any work on the heating at all. Do you consider the Council's action legal?

Can a landlord be held responsible if a tenant's aggressive dog attacks someone on the premises? — by Conrad Murray — last modified 2008-05-03 10:21

I am a landlord and just learned a new renter of mine has an aggressive dog. Will be responsible if the dog attacks someone on my property?