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Friday, July 08, 2011

Thursday, July 07, 2011

Why do you need a Break Clause?

I have had two calls this week about break clauses in Assured Shorthold Tenancy Agreements.

In both the situations there was a fixed term of 12 months with a break clause at 6 months into the tenancy. The Landlords wanted to exercise the break clause by issuing a section 21 notice, which their break clause allows.

The question is however, does the break clause stand up in Court. If the tenant stays in the property after the expiry of the Notice you will have to issue Court proceedings and ask a Judge to order possession. The Judge will then look at the break clause to see if it is valid. If the Judge is not happy with the clause you will not get possession.

Unfortunately this is one of those clauses that can be drafted and interpreted in many ways. If the break clause is clearly drafted and either equally fair to both parties or benefits the tenant more than the landlord you will have a better chance of getting possession. However if the clause is in the favour of the landlord it is very unlikely that it will be valid. Unfortunately when you have got to this stage you will have incurred a Court fee of £175 and possible Solicitors costs.

But why do you need a break clause - why not have an Assured Shorthold Tenancy for 6 months. If you want to renew the tenancy after this period you can.

Rebecca Brough is a Solicitor at Fidler & Pepper who deals with Residential Landlords on a daily basis. Rebecca offers landlords requiring legal help a Free initial consultation.

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Renters rise by 55%

The Government has just released data showing that in England, the number of people renting accommodation has increased by 55% in the past six years.

These figures show the number of private renters increased from (2003-04) 2.15 million to (2009-10) 3.35 million.  A massive increase.

Great news for landlords and a clear indication that we have the benefit of a growing market for our goods.  One of the prerequisites for a successful business.

Landlord insurance - discounted rates

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Wednesday, July 06, 2011

Well healed families have dogs

Hello Property Hawkers!

I am honoured to talk to you all from my hub in West Bridgford, Nottinghamshire where I run a small niche lettings and sales company called Nook & Cranny Nottingham Ltd, our strategy is threefold.... local local and local, with a strong tendency towards exceptional customer service!
Today's musings will be on the subject of how easy it is to make a big difference to your tenant, landlord, and profit, just by using great customer service. I feel, as a landlord and letting agent, that it is pretty easy to float to the top of the rankings for service just by using my God given brain and putting myself in the place of the potential tenant ...oh and thinking before we speak. And this is what I was thinking about when the phone rang last week....

"Hello", dejected but posh educated voice said (was that an Aston Martin I heard purring in the background?) " I'm looking for a fabulous 5 bedroom house with a large garden in West Bridgford or Edwalton but I've got a dog". Classic well healed families don't open with budget, length of contract, criminal records, credit ratings or appliances - it's the well loved dog which is the deal breaker here, and after the 3 kids and the private school the dog is an obligatory next step.

"Will you consider taking our dog? I've tried 6 agents before you and no-one will even show us a house, and we're hoping to come up from London to sign on something tomorrow."

So, do I take a sensible view, show them round the house which I know they will love, make my own judgement about whether they will be good tenants overall, including the large lollopping (sp?) quiet old dog, or do I say "no" like everyone else? Well, I have to say I've seen 3 year olds who will be worse wear and tear on a house than most dogs! So I decide to swim against the tide.

Well the way I look at it, they won't try to negotiate on the price, the length of contract or anything else, and I can take double the usual deposit as money is not the issue here, and I will have no void, a very happy landlord, and very grateful well behaved tenants, assuming that when I meet them I decide that they are decent folk. If they are not decent folk I wouldn't take them dog or no dog.

So there we are, many of the properties I look after have well behaved, well looked after dogs in them, oh yes and the well behaved family that brings them here too. They stay longer than average, pay on the nose, they look after the house, and Nook & Cranny grows a great reputation in the canine community!

That's all for now.....off to walk the dog....(joking)

Katie

www.facebook.com/nookandcranny





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Olympic Short Term Let? Top Tips for Renting

Want to earn some extra money during the Olympics? If you own a property near one of the venue sites you may be thinking of letting the property on a short term let during the Olympic Games. This can either be your own home or a property you already rent out.

If you are thinking of doing this you can earn a lot of money, however, there are some things you need to consider:-

  • Firstly check that your insurance covers you for short term lets, especially if it is your own home as your current insurance may not cover you for letting the property, you might need to pay an additional premium
  • Ensure you get an agreement drawn up between the parties which clearly defines the terms of the agreement.
  • Consider whether or not you want a deposit to cover you for any damage caused.
  • Ask for rent in advance before handing over the keys.
  • If you are moving out of your own home, make sure you remove any financial information from the property and secure or remove any personal items. Tenants would expect cupboards to be emptied so you may need to hire some storage for clothes and other items.
If you would like to discuss this or any other Landlord Legal Advice with me please either email or telephone 01623 448 331 begin_of_the_skype_highlighting 01623 448 331 end_of_the_skype_highlighting


Rebecca Brough is a Property Solicitor at Fidler & Pepper Solicitors.


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