Nelsons Solicitors will answer as many email questions as practical but the firm cannot guarantee to respond to all. Responses, which will be posted in the ‘Law Lab’ section of Residential Landlord, are professional opinions based on the information provided. Although every care is taken with replies, the advice that is given will be general in nature and should not be relied upon without further consultation with Nelsons Solicitors LLP. By posting a question you are also registering to receive Residential Landlord email updates.
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Joint Ownership
I jointly own a property which I have been living in with the co-owner. He is now moving out and renting out his room to a tenant. Does my co-owner still have automatic right of entry to the property, or does he need permission from the tenant to enter the property?
This is a complicated issue and unfortunately, it's not something that we are able to answer on the information that you have provided due to the variables involved. You will need to speak to a lawyer so that you can discuss the circumstances and issues involved in more detail and they will then be able to advise you on your situation. If you would like to discuss this further, please get in touch with us directly.
Deposit responsibilies
Just a quick bit of history I rented out my property in 2002 with a deposit
of £575 which was the current rent, every year I gave the tenants a renewed
yearly policy with the rent sometimes rising but NO change to the deposit.
Last month they finished there tenancy & moved out but whilst I was painting
and cleaning the property I found out that the cat had damaged all four
doors & frames, I called in a carpenter for a quote which was £420 & I had
to get the oven professionly clean was £40.
As a good will gesture I did give them a cheque for £100 as they had been
good tenants who payed with no problems, now they have sent me a solicitor
letter.
Can you confirm if a deposit is taken in 2002 does that mean it is exempt
from the tenancy deposit scheme?
Can you confirm that deposits of less than £600 are excluded from the
scheme?
Any assured shorthold tenancy agreements entered into on or after 6 April 2007 must comply with the tenancy deposit scheme, irrespective of whether the initial tenancy commenced prior to this date.
The tenancy deposit scheme only applies to assured shorthold tenancies irrespective of the amount of deposit taken. Therefore, resident landlords, high rent properties and company lets are exempt from this scheme.
