Friday 21 July 2023

6. You don't have to care whether your contract holders pay their rent any more!

So the two main issues a landlord may have is the contract holder not paying and then thousands paid out to evict. But these issues are voluntary! You don't have to have any worries about this.

Simply take out Rent Guarantee Insurance and the stress goes away! 

  • Nil excess
  • £100,000 legal cover to help with evictions including the issue of relevant section notices, property legal disputes, repair and renovation disputes, health & safety investigations and tax investigations
  • Rental payments cover up to £5000* (£5000 cover available where 50 or more live policies are in place with us)
  • Vacant possession cover at up to 75% of the rental amount for a maximum of 3 months.
  • Section notices served
  • In-house claims service
  • 60-day claim reporting period
  • Manage your policies online via an online portal (purchasing, renewing, documents, claims)
  • Backed by one of the UK’s largest insurers Aviva

You can purchase cover directly as a standalone policy for £215.00 for the year inclusive of insurance premium tax using the following code - https://www.alanboswell.com/landlord-insurance/rent-guarantee/?utm_source=1335

As they say - Don't let your home without it!

 

Thursday 13 July 2023

Regaining Possession in Wales - no small task



So when all else fails and the contract holder does not cooperate and there's nowhere else to go we end up in a possession case in the courts.

So the first thing we do is check if we have all our ducks in a row before even thinking about notices etc.

  • Rent Smart Wales registration correct - names etc
  • Rent Smart Wales licensing correct - agent or personal?
  • Is the deposit protected and was it protected properly from the start? 
  • If we had an assured shorthold tenancy with the tenants was a written statement of conversion served?
  • Do we have a renewal contract?
  • Has a notice already been served and not used?
  • Is there an EICR, Gas safety, EPC
  • Has a tenants guide been served?
  • Are the smoke detectors installed?
  • I there a Co detector at the property?
  • Can we prove that all the above have been received by the contract holder?

So at the barefoot landlord we provide a set up service to get the case ready to move forward at a cost of a cup of coffee in order that you can move forward to the next stage with confidence and full knowledge of your case.

Most of the above can be remedied late but will attract fines as they are being remedied. But then we can progress to notice service. Do we serve -
  • RHW16
  • RHW20
  • RHW38
We have a relationship with possession specialists who can take the case forward once it has been packaged and at set charges. They can serve notices, take court action for possession, instruct bailiffs including High Court bailiffs, and chase any debts involved with the case afterwards for the landlord. 

Let hope in the future your lettings do not have to go down this road but it's possible that some existing contracts have to be ended and then using the systems on this blog a new relationship can be fostered with your new contract holders.


Monday 10 July 2023

3. Holding Deposit Example template - WORD DOCUMENT AVAILABLE PLEASE REQUEST BY EMAIL

 


 

WELCOME!

 

THIS IS THE FIRST PART OF YOUR CONTRACT HOLDER JOURNEY WITH US.

 

You have indicated that you want to proceed with becoming the contract holder of the dwelling below and so we would like to give you all the details necessary so that you can be fully informed and take the decision to move forward.

 

Holding Deposit Agreement

 

Basic Information:

 

Proposed Contract Holder/s: 

                                                         Name  

                                                         Address

                                                         Postcode                                    Email address

 

                                                         Name  

                                                         Address

                                                         Postcode                                    Email address

 

 

Proposed Landlord:                Name

                                                         Address

                                                         Postcode                        Email address

 

                                                         Name

                                                         Address

                                                         Postcode                        Email address

 

 

Agent:                                     Agent name

                                                         Address

                                                         Postcode

                                                         Telephone Number

                                                         Email address

 

Proposed Dwelling:                 Address

                                                         Postcode

 

Proposed occupation date:  ~

 

 

THIS AGREEMENT is made on   date ~

 

1.               PAYMENT OF HOLDING DEPOSIT

1.1.           As the Proposed Contract Holder, you have made an offer to rent the dwelling on a Standard Occupation Contract for an initial fixed term of 6 months / 1 year / 2 years.~

 

1.2.           You are required to pay a refundable Holding Deposit of £~      (equivalent to one week’s rent) to the Agent. The holding deposit demonstrates your intention to rent the dwelling subject to the satisfactory completion of reference checks and right to rent checks. Of course, the dwelling will be withdrawn from the market whilst these checks are completed.

 

1.3.          This agreement is not intended to create a tenancy or Occupation Contract in respect of the dwelling. Neither does it oblige any party to enter into an Occupation Contract. For the avoidance of doubt, the Holding Deposit is not a tenancy deposit which is subject to protection under the Tenancy Deposit Protection Scheme in accordance with the provisions of the Housing Act 2004.

 

2.               DEADLINE FOR AGREEMENT

2.1.           The last date for both parties to sign the Occupation Contract is ~. Under The Renting Homes (Fees etc.) (Holding Deposit) (Specified Information) (Wales) Regulations 2019 this deadline is the fifteenth day from receipt of the Holding Deposit. 

 

2.2.           We will notify you in writing if the 15-day deadline is extended. If you need an extension to the 15-day deadline, you must ask for this in writing but the landlord is not obliged to agree an extension.

 

3.               RENT AMOUNT

3.1.          The rent amount is £  ~ per ~ payable in advance by  [standing order or bank transfer].

 

4.               TENANCY DEPOSIT

4.1.          A tenancy deposit of £  ~        will be required and will be protected by the Proposed Landlord, or their Agent, with the following deposit protection scheme:

            Tenancy Deposit Solutions - http://www.mydeposits.co.uk

Deposit Protection Service - https://www.depositprotection.com

Tenancy Deposit Scheme - http://www.thedisputeservice.co.uk

 

4.1            A deposit replacement will / will not be used?

 

4.2.          Your Check in Statement of account is shown below:

 

Item

£

First Month’s Rent

£

Tenancy Deposit

£

Sub Total

£

Less Holding Deposit

£

Balance Payable

£

 

5.               WHEN THE HOLDING DEPOSIT WILL BE REFUNDED

5.1.           The holding deposit will be refunded to you if:

·     the Proposed Landlord withdraws from this agreement

·     the deadline for agreement has passed and you have taken all reasonable steps to agree a contract by then

 

5.2.           The Holding Deposit will be refunded in full to you within 7 days of the deadline for agreement, or within 7 days of the Proposed Landlord’s decision if it is before the deadline for agreement.

 

6.               WHEN THE HOLDING DEPOSIT WILL NOT BE REFUNDED

6.1.           The Holding Deposit will not be refunded if:

·     you provide false or misleading information affecting the decision to let the dwelling

·     you withdraw from the proposed agreement

·     the deadline for agreement has passed and you have not taken all reasonable steps to agree a tenancy by then

 

6.2.           If we intend to keep the holding deposit, we will advise you in writing of the reason for this within 7 days of deciding not to enter an agreement.

 

6.3.           You also agree that if the Tenancy Agreement is signed by both parties, the Holding Deposit may be used towards the payment the first payment of rent due under the Tenancy Agreement.

 

7.     Contract terms – See attached draft agreement

 

8.     add here any specially agreed terms not in the draft agreement ~

 

9.     Guarantor

9.1.          A Guarantor is / is not required

 

9.2.          If required, the guarantor is expected to –

 

·     be a homeowner

·     have a clear credit history

·     confirmed earnings of 3 times the annual rent

·     have proof of identification and residence

·     be willing to take on the obligations in the tenancy agreement provided to the tenant

 

9.3.          Reference checks will consist of:

·        Full referencing undertaken by Rent Checks Ltd - forms attached

 

9.4.          The guarantor must provide the following information and documents:

·        All documents requested by Rent Checks Ltd - forms attached

 

The above information is required by The Renting Homes (Fees etc.) (Holding Deposit)

(Specified Information) (Wales) Regulations 2019

 

 

·        I/we confirm that all the information we have provided in relation to our contract application is true and accurate.

·        I/we confirm that I/we have read, understood and accepted these terms.

·        Also I/we confirm that we agree to receive all notices and documents by email and agree that the following have been received

 

1.     EPC

2.     EICR

3.     GAS SAFETY RECORD

4.     TENANTS GUIDE IN WALES

5.     A DRAFT COPY OF THE OCCUPATION CONTRACT & RHW2

6.     REFERENCE APPLICATION FORM

 

SIGNED BY THE CONTRACT HOLDER:

Signed:                                                                         Dated:

 

SIGNED BY THE CONTRACT HOLDER:

Signed:                                                                         Dated:

 

SIGNED BY THE CONTRACT HOLDER:

Signed:                                                                         Dated:

 

SIGNED BY THE CONTRACT HOLDER:

Signed:                                                                         Dated:

 

 

SIGNED BY THE LANDLORD/LETTING AGENT:

Signed:                                                                         Dated:

 

 

SIGNED BY THE LANDLORD/LETTING AGENT:

Signed:                                                                         Dated:

 

 

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