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Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.
I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.
May I confirm if you still require assistance with the above please?
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thank you. Could you kindly assist me with my above two enquiries please? For your ease of reference, I will reproduce them again below:
thank you. My the query was whether you have yet agreed to use the dispute resolution service to resolve the dispute?
thank you. The advice given to you by the agent is wholly defective as is the agreement that they have prepared. A company tenant cannot enter into an assured short hold tenancy and the agreement they prepared despite the label they have given it will take effect as a contractual tenancy not as an assured short hold tenancy. Accordingly, you may wish to make a complaint to the agent as regards ***** ***** and service they gave and carried out for you and asked them to confirm that they will cover any losses you suffer in terms of costs as a result of their poor advice in this respect. You have up to 6 years to make a claim against the agent and you can use the property redress service of which they must be a member to pursue any claim. This is started by raising a formal complaint and then you have the right to escalate your claim to the ombudsman service having waited either for their response or eight weeks whichever is the earlier.
in terms of the current dispute resolution, if you have already agreed to use the dispute resolution service, there is no specific facility in the scheme rules for you to withdraw their consent but anybody can issue proceedings against another party at any time. My experience is that the dispute resolution services will defer to court providing proceedings are issued before they have made any substantive decisions in relation to the dispute. This seems to be confirmed by the email that has been received. If you decide to proceed with court proceedings, then you will need to take steps to issue proceedings because you have agreed to use the ADR process now and I note that there is a deadline of 24th November to provide evidence in this respect. Accordingly, the steps that would appear to be required would be to notify the dispute resolution process that your intention is to issue proceedings immediately and provide them with a copy of the issue notice before the above deadline else you may find a make a decision against you in default by which it would seem to me you would be about having agreed to use the ADR process.
thank you - I noted as much. To be clear, what I was suggesting is not that this was the deadline for a decision that rather, if you failed to either submit evidence or advise them that you have issued proceedings prior to this date, they may proceed with the decision in relation to the claim without further reference to you. If you decide to issue proceedings in court, these should be against the tenant alone.
thank you. The authority for the reason the tenancy cannot be assured short hold tenancy is section 1(1)(a) of the housing act 1988 which sets out that a tenancy will be assured short hold tenancy as long as the tenant or tenant's are individuals. Plainly, a company tenant is not an individual and therefore this cannot be an assured short hold tenancy because the Act says it cannot be.
I do not think it will be difficult to convince the adjudicator as assuming they are properly qualified, they will be well aware that the company cannot hold an assured short hold tenancy the authorities there if you feel it is needed
A summary can be found here:
A company let is a contractual tenancy with virtually no regulation other than some limited protection under the Protection From Eviction Act which does not relate to deposits. There is no regularity requirement to protect a deposit whatsoever.
I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.
I believe we have discussed the approach above - namely issuing proceedings against the other party directly and notifying the DPS. Alongside this you have the option of a complaint to the agent for indemnity for any loss due to their faulty advice.
Thank you again for visiting JustAnswer and see you again in the future I hope.