SMF - Just Installed!

LEASE EXTENSION & OTHER QUESTIONS

Started by Daisies, April 11, 2018, 07:50:23 PM

Previous topic - Next topic

Daisies

Hi,

1) I have today appointed a solicitor to work on my lease extension. Please can anyone advice if there is an insurance that I can buy - just in case the process falls through for whatever reason ? I am opting for voluntary extension. (I thought of this when I remember this kind of insurance is available for home buyers).

2) I asked my estate agent to provide me with documentations of Deposit Protection of my tenants that they have for my keeping. I was informed I am not able to have any copies of them due to Data Protection policy. Is that right ?

3) What kind of electrical certificate must I have in the change of tenancy ?

Looking forward to kind advice. Thank you.

theangrylandlord

1. What event are you trying to insure for?
2. Your agent is a buffoon or worse they haven't protected the deposit
3. No electrical certificate is required - however if your house is in licensing scheme area then you may require one as part of the conditions of that licence.

Best of luck

Hippogriff

Quote from: Daisies on April 11, 2018, 07:50:23 PM3) What kind of electrical certificate must I have in the change of tenancy ?

There is a lot of misconception here... you do not require any formal Electrical Safety Certificate for what you'd call a normal house. You must competently inspect the electrical installation. This generally means that you look for sockets hanging off the walls, bare wires, things like that. You might test the sockets with a socket tester (one of my favourite tools, along with my damp meter). You do not have to be qualified to do this... you must be competent. You do not need a piece of paper proving you have done it.

Some Landlords prefer the belt-and-braces approach. Some Landlords are misled by Agents who mark up these services with their known contractors.

I completed a gov.uk survey recently. It was seeking information from Landlords in the private rental sector. I could tell - from the way the questions were going - that it may be the case that a new set of legislation might come down upon us in this area. It was absolutely asking about certificates for gas safety (obviously a requirement) but also electrical installations and you can certainly imagine interested parties will be leaning on legislators to make this a requirement / cash cow.

Daisies

Dear Hippogriff, and Angrylandlord,

Thank you for kind replies.

1) When we buy a flat / house, there is an insurance we can buy to protect us from fall through of the process. It will pay for solicitor costs and other costs should sale fall through. I wonder if there is an insurance we can buy for lease extension ? I am working on lease extension (voluntary) with my freeholder and would just like to be protected accordingly.

2) As for the Deposit protection document, I think they have them. What can I tell them to let them know I have the right to have the documents ?

3) Thanks for kind advices on the electricity working. Will keep all that in mind.

Looking forward to further advice.

Thank you.

theangrylandlord

1. I don't know that one. How about asking a property purchase insurance vendor if he also covers a lease extension?

2. At the very least you should have
A. A copy of the deposit certificate
B. The Deposit ID
C. Where the deposit is lodged
D. A copy of the terms and conditions as given to the tenant

You will need the above if you ever need to evict your tenant.
None of the above has anything to do with personal information protection so if the agent doesn't give you all that then you have some serious issues to face (unless you are within the 30 days of the start of the tenancy).

As a further piece of advice (which I know you didn't ask) I would get the deposit transferred into your name asap.  The agent will use the deposit over you at some stage (likely it is sitting in his bank account under an insured deposit scheme and he doesn't want to tell you) by ensuring his repeat business/deduct his fees from the deposit etc.

Furthermore and this is where the data protection policy stuff is total BS you better have certainty/proof of the Right to Rent checks (assuming this is a recent tenancy) in which case you need to have their information anyway!  [Technically under the law the agent can be liable for not doing the checks but the onus will be on the landlord at first instance].

Best of luck.

Daisies

Dear Angrylandord,

Thank you for kind advice :

1) I will check with regards to the insurance.

2) As for the Deposit Protection, my very sincere apoloiges. I should have mentioned this earlier. They are for my 2 tenants that I have had with the agent. The tenants have moved out, but If I am not mistaken (reading somewhere on here) - I need to keep infos of the tenants' deposits for a number of years. At the  moment, my flat is not being rented out as my tenancy has just ended. I have just asked the estate agent about 2 weeks or so ago on this regard. Would appreciate further advice on this. Thank you.

theangrylandlord

2. In that case (assuming you settled the return of the deposits) then you should still get the Deposit Certificate.
[I realise now items B and C will be stated in the certificate]
Likely you don't need it but they have 6 years to claim they paid a deposit and you didn't protect it.
If the tenants have left then the agent should have no issue providing that Certificate to you.

Best of luck

(In the future though do the Deposit work yourself)