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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello Estate Agent paid tentant 1st months deposit and rent

Customer Question

Hello Estate Agent paid tentant 1st months deposit and rent on friday 16th August. Tenants want to move into my property on the 18th of August.

My Bank says the cheque can be recalled up to the 27th of August. Can I protect myself by placing clause in ast to claim back property quickly. Or would it be advisable to wait until the 27th of August when checque cannot be recalled before handing over keys
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

AlexWatts2013 : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
AlexWatts2013 : You can not place a clause in the property once they have possession but you could insist on cleared funds such s bankers draft, bank transfer or cash.
AlexWatts2013 : But you can not have a clause saying you can take possession quick once they move in I am sorry to say.
AlexWatts2013 : Can I clarify anything for you?
JACUSTOMER-s1no8c4y- :

Hi Alex

JACUSTOMER-s1no8c4y- :

Hi Alex , under special condition in my AST I have inserted the following

The agreement is subject to receipt of cleared bank funds of £2,300 by the 27th of August 2013, if payment recalled before this date then this agreement is null and void.Are you saying still require S8 if cheque recalled for non payment of rent

AlexWatts2013 : Yes if they have already moved in.
AlexWatts2013 : Does that make clarify for you? Alex
JACUSTOMER-s1no8c4y- :


AlexWatts2013 : If this answers your question, please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex