SMF - Just Installed!

How to Rent book and other certificates

Started by UnicornsRule, March 25, 2016, 08:50:18 PM

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UnicornsRule

Helllo everyone, lim new to all this. I have copies of the Gas certificate, Energy Certificate and Government "How to Rent" book. Is it enough to hand these to my tenant, or should l insist they are signed for?  They have an assured six month tenancy after which l would like them to leave. They were reluctant to sign any tenancy agreement ( they had lived in the house rent free) so l am trying to protect myself

theangrylandlord

I get them to sign for it...AND DATE.
Don't forget also smoke alarm check form (done on day they move in)
Can also add fire risk assessment (if needed) and legionnaires risk assessment
You haven't mentioned deposit protection PI?

Sadly these days protection is needed as it easy to be trapped by paperwork.

Best of luck

(Am a little troubled by the fact they are in the house already rent free - please elaborate or consider under what terms they were in the property)

UnicornsRule

Thankyou so much for your reply. They lived in the house while a relative was in a Home. Paid no rent but did pay bills and Council Tax. They said they would maintain the house. It was my ex brother in law and new wife and they had fallen into hard times and couldn't sell their house abroad. He had cared for my sister before she died. They said they would be tenants and after two years rent free we arranged a buy to let mortgage. When it came to signing they said they had changed their minds. We would lose all the Solicitors fees. Eventually she alone signed for six months saying she will set up a direct debit. We never took a deposit or rent as we trusted them Famous Last Words. Now l want to make sure l protect myself and can get them out at the end of six months

theangrylandlord

Ok I see now why they already have the AST.  I assume that a solicitor was involved at the time due to the loan.
You are good to go.

Just to be clear though even with all the paperwork you may not get them out at the 6 month point....looks like they will resist your section 21 notice.
Oh you have served that right? Or is it time barred right now? Just check.

Best of luck.

UnicornsRule

Thank you again for your reply. The house was left to my husband and his sister. My husband and daughter  have bought  his sisters half. They now have a buy to let mortgage. The tenancy will begin on  29 March ( if the rent go's  in) and is for six months. I have handed over gas cert energy cert government handbook but want them out after the tenancy ends .I am confused  re notice dates and although  they said they didn't  like the house and wanted to move l am worried  they will try and stay. I am aware l sound particularly  stupid but l didn't  see their  behaviour coming and l need to protect myself

theangrylandlord

Sorry thought the tenancy had started and you were looking for the documents you had provided.
You cannot serve a section 21 in the first four months.
There is a useful guide somewhere on this site about the new section 21 rules.
Technically speaking you can only get possession after 7 months (someone couldn't draft the deregulation act well enough)
Stick a pin in the calendar for the appropriate date and serve the s21 by first class post and get a certificate of posting
Then come back for help if you think they won't leave.

Best of luck

UnicornsRule

Thank you. I am so glad l found this site and very grateful for your help. The first months rent went in yesterday  so l just need to follow the correct eviction procedures by the sound of it.