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common problems |
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End of Contract
Where would we be without Section 21? |
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If you have problems claiming possession of your
property at the end of the Agreement, there is a set process for eviction which
must be followed meticulously - or the Judge will throw it out and you start all
over again. |
- At least two months before the determination date of the Agreement, you must
serve the required Notices, in the correct way, by some recordable means and on
the right day.
- If the Notice is served incorrectly, it will be rejected by the Judge and you
will have to restart the process. This can take several months, so get it
right first time.
- If you have failed to register a tenant's deposit then you will be unable to use
the 'end of the contract' to gain possession. This is vital, as this is
the most common way of regaining possession.
- Provided that the process has been administered properly, the Section 21
guarantees possession.
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Condition: |
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- If your problem at the end of the contract is not possession but condition,
then, if the deposit is protected you can make your representations via your
TDS. If the Agreement is prior to April 2007, you can deduct from the
deposit in the old way and/or sue for damages through the County Courts.
- Your chances of deducting their deposit to address damages, is far easier to
establish if you have an inventory completed prior to Commencement.
- Inventories should be a condition report and not just a list of present items
and should be signed by the tenant, where possible.
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