letter to tenant

[saturnz]

The one disadvantage i have found with Rentshield's no deposit policy , should the tenant invoke the CPA 20 day cancellation notice , you have 30 days to find a tenant with no financial liability / penalty to the tenant.

you can sue for any potential loss of income as a result of the cancellation before the lease is over, and rentshield would have vetted the tenant so it would be an easy claim once judgement is received

to answer your question differently, if my current tenant obstructs my viewing to the extent I can't find a tenant when he vacates the property, he will be liable for atleast one month's rent

 

[3Gee]

The CPA basically invalidates lease terms longer than one month. 12-month contract? No, it's not. Along with the RHA, the "standard lease" is virtually unenforceable and might as well be reduced to one sentence: "read the Acts and sign on the dotted line".

The solution is bigger rent increases for bad tenants, lower ones for good tenants. If you don't get to make binding arrangements or charge contingent fees, you make up the expected cost in rent.

Sucks for good tenants mistaken for bad, but that's par for the course. Regulations usually do the opposite of what they say on the tin.

The CPA allows you to impose a 'reasonable" penalty which can be interpreted differently, to my knowledge it has not been tested in our courts.

 

[Tomtomtom]

The CPA allows you to impose a 'reasonable" penalty which can be interpreted differently, to my knowledge it has not been tested in our courts.

Yes, and presumably Rentshield doesn't want to be the one to be finding out what "reasonable" means in court, hence their policy.

 

[saturnz]

just as a general observation, the impression I get from rentshield is that they do take ownership of the problem as opposed to finding ways to shirk their duty, this is not something agents are known to do, and they cost more or less the same amount

 

[Idiosyncratic]

Just thought I'd post here as I'm not familiar with another thread dealing with this - if there is please point me in the right direction...
I'm getting tenants of some garage space on a property I'm renting. We want to work month to month, but since said tenants will be using the space for stock storage (for a business venture of theirs), I want to be sure I'm covered in case they blame any missing items on me etc. Hence I think a month-to-month contract is necessary... How do I go about this? I'm guessing I can just add a clause which limits liability but if we work on a month to month basis - how will a contract work (do we need to sign again each time, I'm guessing no)?

 

[saturnz]

Just thought I'd post here as I'm not familiar with another thread dealing with this - if there is please point me in the right direction...
I'm getting tenants of some garage space on a property I'm renting. We want to work month to month, but since said tenants will be using the space for stock storage (for a business venture of theirs), I want to be sure I'm covered in case they blame any missing items on me etc. Hence I think a month-to-month contract is necessary... How do I go about this? I'm guessing I can just add a clause which limits liability but if we work on a month to month basis - how will a contract work (do we need to sign again each time, I'm guessing no)?

First question does your lease allow for you to sublet

 

[Idiosyncratic]

First question does your lease allow for you to sublet

Yes

 

[saturnz]

Yes

I speak under correction but storage facilities in general are month to month, maybe just get one of their contracts and use those terms and conditions.

Raise specific risks with your tenant and agree to terms, in the case of something breaking etc

You don't need to sign a new agreement every month, unless you or him cancel in writing, you accepting payment is tacit acceptance of monthly renewals.

 

[Idiosyncratic]

I speak under correction but storage facilities in general are month to month, maybe just get one of their contracts and use those terms and conditions.

Right, but the catch is they considering placing someone in there during office hours to keep track of things and do some admin... So not just storage that is taking place? A commercial lease agreement will do, no? I can just include a clause that makes the safeguarding of their property inside the building their responsibility?

 

[saturnz]

Right, but the catch is they considering placing someone in there during office hours to keep track of things and do some admin... So not just storage that is taking place? A commercial lease agreement will do, no? I can just include a clause that makes the safeguarding of their property inside the building their responsibility?

I don't know now, I think too much detail lacking to assess risk properly.

 

[saturnz]

just as an update, the extent that Rentshield has taken ownership of this issue is really impressive.

I just had a look at the communication between them and my tenant and its hilarious how even Rentshield has lost patience with him, I had to respond to a mail for them to relax a little.

 

[saturnz]

the tenant defaulted on the rental payment this month, I expected it given it his last month and he paid no deposit.

However renthshield paid me the rental with no problem and they are anticipating that he may overstay his welcome come the end of the month.

I'm not worried though, they will still cover my rental payments and any potential damages and start the eviction process immediately- they also mentioned blacklisting him, I'm not sure if they can do that but that will be an extra bonus.

In the meantime I'm exacting my revenge by simply telling the truth (with email proof) to landlords requiring a reference, the tenant made a huge mistake defaulting this month.

 

[Splinter]

How did I miss this gem of a thread!

 

[Splinter]

this is my clause for viewings



In the notice I stated I intend to do viewings this Saturday and the next, and will inform him as per the lease of further viewings if required.

The tenant has now come back and stated without reason Saturdays are unreasonable and a more convenient time would be between 12 and 3pm on Mondays and Fridays. Note that this tenant came to view my property on a Saturday.

Oh my word. Simply looking at the beginning of this thread, the gripe was you wanted to "view"? And now the further conflict is that you continue to want to have "viewings"? I have had rental property for 8 years - and I have never insisted on a "viewing". dat be odd.

 

[Venomous]

Oh my word. Simply looking at the beginning of this thread, the gripe was you wanted to "view"? And now the further conflict is that you continue to want to have "viewings"? I have had rental property for 8 years - and I have never insisted on a "viewing". dat be odd.

So as the old tenant is leaving, new tenants cannot view the place to see if they are interested in living there?

 

[EMAM]

So as the old tenant is leaving, new tenants cannot view the place to see if they are interested in living there?

"Squatters, unfortunately, have more rights in this country than landlords!

I sold my house a few months back and was looking to rent. I saw a house advertised through an agency (this was the beginning of March) - I was told by the agent that they cannot get access to the property as the tenant would not allow them acces as she had not paid rent for the whole year she had been here, and without an eviction order, there was nothing they could do. They had even tried coming in with the police but she would still not let them in - she knew her "rights". It took the landlord 11 months to get the eviction order and this order was only granted if she was not blacklisted.
The order was that she had to be out the house the 31st of March (which was a Friday) - weekend they couldn't do anything but that Monday morning, while she was out - the sheriff and locksmiths arrived and cleared everything out. She arrived home from gym and her car was taken too.
I got access to the house that afternoon and signed the lease straight away.

So, no, some "tenants" know their "rights". Apparently she has done this a few times before so she knows how the law will work in her favour.

 

[Venomous]

"Squatters, unfortunately, have more rights in this country than landlords!

I sold my house a few months back and was looking to rent. I saw a house advertised through an agency (this was the beginning of March) - I was told by the agent that they cannot get access to the property as the tenant would not allow them acces as she had not paid rent for the whole year she had been here, and without an eviction order, there was nothing they could do. They had even tried coming in with the police but she would still not let them in - she knew her "rights". It took the landlord 11 months to get the eviction order and this order was only granted if she was not blacklisted.
The order was that she had to be out the house the 31st of March (which was a Friday) - weekend they couldn't do anything but that Monday morning, while she was out - the sheriff and locksmiths arrived and cleared everything out. She arrived home from gym and her car was taken too.
I got access to the house that afternoon and signed the lease straight away.

So, no, some "tenants" know their "rights". Apparently she has done this a few times before so she knows how the law will work in her favour.

Only one way to discribe her.

Fukking bitch

 

[EMAM]

Only one way to discribe her.

Fukking bitch

Yup, and this ain't no cheap rental either, so the owner lost a shyte load of money plus the costs for eviction.

The squatter has probably moved onto the next victim (and she has very good taste in houses!!!)

 

[Cius]

This is why I doubt I will ever be a landlord. Heard of too many people who got caught in a similar situation. Those that make it work are those that are

a) willing to either swallow the loss and go the legal route (costs the earth and sets you back years in terms of rental income/legal costs)
b) willing to take the law into their own hands and generally send in some kind of dangerous person to threaten the person with violence if they are not gone by date X.

 

[crackersa]

just as an update, the extent that Rentshield has taken ownership of this issue is really impressive.

I just had a look at the communication between them and my tenant and its hilarious how even Rentshield has lost patience with him, I had to respond to a mail for them to relax a little.

damnit....share!