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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2437
Experience:  Over 5 years in practice.
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I am a landlord and have a flat with an assured shorthold tenancy

Customer Question

I am a landlord and have a flat with an assured shorthold tenancy agreement. The tenancy agreement commenced and was signed on 15th April 2013. However at the time of signing the agreement I found that the tenant did not have the deposit I therefore would not part with the keys of the property until I received the deposit. The deposit was received on 22nd April 2013, seven days after the agreement was signed. Since that date the tenant has only paid part of one months rent, which means the tenant is considerably in arrears. After several thwart discussions with the tenant I have written to her and asked her to contact me within the next few days in order to discuss the arrears further, otherwise I would issue her with a notice for re-possession of the property (which I believe is a S8 notice) and instigate proceedings to recover the arrears. I have since received a text from her saying that I would be hearing from her solicitor and council benefits office regarding dates. I suspect that this may be because the tenancy started on 15th April whereas she may be claiming that her tenancy did not effectively start until she obtained the keys on 22nd April 2013. My questions are: 1) Is she liable for rent from the time she signed the agreement or from the date I handed over the keys? 2) Does the fact that I did not hand her the keys on the date the agreement was signed in any way affect or invalidate the tenancy agreement or prevent me re-possessing the property. Thanking you. Linda Hicks
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank your for your question. My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What are the exact start and end date actually on the agreement?
Customer: replied 3 years ago.

The start date is 15th April 2013 and the end date is 14th April 2014

Expert:  Remus2004 replied 3 years ago.
Can I presume you didn't amend the AST to reflect the new dates?

I just need to go offline for 30 mins but I'll be back soon if thats ok?
Customer: replied 3 years ago.

For JOMo1972

I did not amend the AST to reflect the new dates

No problem
Expert:  Remus2004 replied 3 years ago.
Hi,

I'm afraid my signal keeps dropping out and I would ask that you bear with me for an hour. I should then should be then be home and have a stable connection. Thank you for your patience.
Customer: replied 3 years ago.
For JOMO1972

Dear Remus


I have to go out, is it possible to let me have a answer to my questions before 9.30 am. This morning

Kindest regards

Linda Hicks
Expert:  Remus2004 replied 3 years ago.
Just to let you know, I've asked somebody else to look at this for you as I'm not sure about the dates issue

I will chase them up for you
Customer: replied 3 years ago.

For JOMO1972

Dear Remus

Have you any more info

Kindest regards

Linda Hicks
Customer: replied 3 years ago.
Dear Remus

Please see if you can you chase things along as this is now getting urgent


Kind regards

Linda Hicks
Customer: replied 3 years ago.
For JOMO1972

Dear Remus

If I can not have a complete answer now. Is it possible to have a answer to question 2

Kind regards

Linda Hicks
Customer: replied 3 years ago.
Relist: Incomplete answer.
I have not received a answer to either of my questions. Please can I have a answer at least to my question 2

Regards

Linda Hicks
Expert:  Nicola-mod replied 3 years ago.
Hello Linda,

I am sorry for the delay. We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola

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