http://www.lettingslawyer.co.uk Full list of questions answered by Lettings Lawyer - fine for browsing, but use the search facility to find specific answers by keyword. daily 1 2008-04-29T05:10:14Z http://www.lettingslawyer.co.uk/questions/i-have-a-tenant-who-hasnt-paid-for-three-months-we-have-threatened-eviction-what-are-we-now-legally-entitled-to-do I have a tenant who hasn't paid for three months. We have given two written warnings and threatened eviction, what are we now legally entitled to do and what is the correct procedure to follow? No publisher MariaMason 2008-11-14T16:21:44Z Rich document http://www.lettingslawyer.co.uk/questions/my-heating-and-hot-water-boiler-has-broken-down-and-the-landlord-is-taking-a-long-time-geting-it-repaired-what-can-i-do My heating and hot water boiler has broken down and the landlord is taking a long time geting it repaired. What can I do? No publisher MariaMason 2008-11-13T11:15:07Z Rich document http://www.lettingslawyer.co.uk/questions/does-my-landlord-have-to-provide-me-with-a-live-bt-landline-in-the-property Does my landlord have to provide me with a live BT landline in the property, otherwise I can't get my comunications activated (internet, phone, TV)? I moved into the property three days ago and I realised that I can't transfer my landline and sky TV/Internet provider because apparently the line isn't active. The landlord and letting agency are forcing me to make a one off payment of £129.00 but I think that it is the landlord's house so he should pay it. No publisher MariaMason 2008-11-13T09:39:34Z Rich document http://www.lettingslawyer.co.uk/questions/please-can-you-advise-how-much-notice-is-to-be-given-to-a-tenant-renting-a-property-i-have-heard-that-it-is-one-month-plus-42-days-as-i-have-young-children-is-this-correct Please can you advise how much notice is to be given to a tenant renting a property? I have heard that it is one month plus 42 days as I have young children, is this correct? I have been living in the property for six months and my terms are now up for renewal. I have been told that they will not be renewing my tenancy. No publisher MariaMason 2008-11-05T09:59:55Z Rich document http://www.lettingslawyer.co.uk/questions/please-could-you-outline-the-county-court-possession-procedure-to-obtain-possession-in-rent-default Please could you outline the County Court possession procedure to obtain possession in rent default? The tenancy is a twelve month assured shorthold. Landlord and two joint tenants in two bedroom dwellinghouse. No pre-existing disputes or problems with the property. Second month of lease. This is the first month in default. I need the tools to act quickly. No publisher MariaMason 2008-11-04T18:43:54Z Rich document http://www.lettingslawyer.co.uk/questions/i-have-been-a-tenant-in-a-business-capacity-and-was-given-notice-to-quit-is-there-a-statutory-right-for-me-to-be-paid-financial-compensation-to-vacate-the-premises I have been a tenant in a business capacity for 32 years but was given notice to quit by 24 October 2008, which I complied with. Is there a statutory right for me to be paid financial compensation to vacate the premises? If so, could you please tell me what my rights are and what compensation I could expect to receive? No publisher MariaMason 2008-11-03T11:10:27Z Rich document http://www.lettingslawyer.co.uk/questions/our-landlord-made-us-leave-our-flat-five-days-before-our-contract-had-ended-now-he-will-not-give-us-our-deposit-back-what-are-our-rights Our tenancy started in July this year but the landlord never gave us details on where the deposit was being held. Our landlord then made us leave our flat five days before our contract had ended. We have moved out but have not received our deposit back and as we had to leave five days early we ended up leaving quite a bit of stuff behind. What are our rights? He owes us £900. No publisher MariaMason 2008-10-20T11:28:36Z Rich document http://www.lettingslawyer.co.uk/questions/how-should-we-proceed-with-giving-our-tenants-notice How should we proceed with giving our tenants notice? Our tenants are in rent arrears, part of last month and half of this month's rent. We have also found out that they are keeping a dog against the terms of the tenancy agreement. Unfortunately we have already sent them a tenancy renewal although they have not yet returned the signed agreement. No publisher MariaMason 2008-10-15T12:05:14Z Rich document http://www.lettingslawyer.co.uk/questions/the-shower-in-my-rented-flat-does-not-work-and-the-landlord-is-doing-nothing-about-this-is-this-a-breach-of-contract-and-can-i-leave-without-paying-any-more-rent I rented a flat in September and signed a six month agreement. However, when I moved in the shower didn't work and I have no other washing facilities apart from a sink. I have been onto my agent and the landlord many times but still nothing has been done. Surely the landlord has breached his contract? I want to leave now but I'm being told I can't leave because I will still have to pay the six months rent by law under the contract. I thought the contract is now void. Is there any legal way I can get out of this property or am I stuck here? No publisher MariaMason 2008-10-15T10:47:01Z Rich document http://www.lettingslawyer.co.uk/questions/what-is-the-legal-definition-of-a-family-in-relation-to-a-restriction-in-a-lease-i-rent-my-flat-to-four-sharers-operating-as-a-single-household-under-one-ast-but-have-been-told-i-cannot-do-this I own a shared freehold flat and have let it to a group of four sharers who are operating as a single household on one AST. I have received a letter threatening legal action by the Chairman of the Residents Association if I do not evict my tenants because lease states "Not to use the demised premises nor permit the same to be used for any purpose whatsoever other than as a private dwelling-house in the occupation of one family only and not at any time to permit the demised premises to become overcrowded within the meaning of the Housing Act 1957...". I understood this clause to concern overcrowding and not refer to a family in the parent/children sense. If they are right, is such a clause legal in view of modern Human Rights? The dictionary defines the word family, amongst other definitions, as "a group of people operating as a single household and/or a group of people with something in common such as origin, language etc". My tenants are actually Chinese and I am concerned that this could be a racist issue. No publisher MariaMason 2008-10-14T09:57:04Z Rich document http://www.lettingslawyer.co.uk/questions/i-have-signed-a-lease-agreement-but-do-not-want-to-go-ahead-with-it-the-landlord-has-not-yet-seen-references-which-the-contract-is-subject-to-i-am-willing-to-forfeit-the-deposit-but-will-i-be-liable-for-anything-else I have signed a lease agreement which is due to begin tomorrow. I have not yet moved into the property and now do not want to go ahead with the tenancy. I am willing to forfeit the deposit but am wondering what the ramifications are for me having signed the lease already? The landlord has not yet seen references and has said the contract is subject to references. No publisher MariaMason 2008-10-13T08:47:10Z Rich document http://www.lettingslawyer.co.uk/questions/i-own-a-leasehold-flat-and-am-not-satisfied-with-the-building-insurance-fee-do-i-have-to-abide-by-the-building-insurance-which-the-property-management-has-chosen-or-can-i-shop-around-for-a-more-competitive-quote I own a leasehold property in a block of two flats. I am not satisfied with the building insurance fee, which I feel is above average. Do I have to abide by the building insurance which the property management has chosen, or can I shop around for a more competitive quote? No publisher MariaMason 2008-10-08T09:00:19Z Rich document http://www.lettingslawyer.co.uk/questions/i-am-a-private-tenant-and-i-have-found-out-that-the-property-is-to-be-re-possessed-what-rights-do-i-have-if-this-happens I'm currently a private tenant on an unfurnished basis and I have found out that the property is to be re-possessed. What rights do I have if this happens? The owner has not paid mortgage for ten months and legal proceedings are to be taken. No publisher MariaMason 2008-10-07T10:08:49Z Rich document http://www.lettingslawyer.co.uk/questions/i-have-received-an-offer-notice-from-my-landlord-as-he-is-selling-the-freehold-of-the-building-what-exactly-are-we-being-offered We have received a 'Offer Notice' from our landlord, as part of the Landlord and Tenant Act 1987. The landlord is selling the freehold of the building of which there are five apartments. We have been offered first refusal of our apartment, but what exactly are we buying? Is it the lease of the apartment? Also, the offer will only stand if 50% of the tenants agree to buy their apartment and in effect we will be our own landlords, but will we be able to sell the apartment later on without any complication? Will the apartment be ours to sell? No publisher MariaMason 2008-10-05T15:31:29Z Rich document http://www.lettingslawyer.co.uk/questions/what-are-the-legal-implications-of-carrying-out-work-altering-internal-layout-on-a-leasehold-flat-without-a-landlords-licence What are the legal implications of carrying out work (altering internal layout) on a leasehold flat without a Landlord's Licence? I am the freeholder of two flats and also own the lease on one of the flats. The bottom flat was recently sold and the owners are carrying out refurbishments which include altering the internal layout - moving walls, blocking up doors etc. They have not acquired a Landlord's Licence from me and I am concerned about the quality of the works being completed. What is my legal position here? No publisher MariaMason 2008-10-03T10:43:01Z Rich document