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The Landlord Law Blog from Tessa Shepperson
Tessa is an English solicitor who specialises in residential landlord and tenant law.
Tessa's legal services are provided via her online service Landlord Law. This service is provided as part of Tessa's legal practice TJ Shepperson, which is regulated by the Solicitors Regulation Authority No 78852.
Note that any readers wishing to instruct Tessa professionally to do legal work, should do this via the Landlord Law service. Tessa's one-to-one legal work is now limited to the fixed fee services provided to Landlord Law annual members, plus Tessa also has a separate Lodger Landlord web-site with guidance for people taking in lodgers.
Tessa also has a training website for landlords at School for Landlords, and you can Find us on Google+. Tessa is also a director of Your Law Store, has a Google page and the Landlord Law facebook page
The purpose of this blog is to provide information, comment and discussion. Although Tessa, or guest bloggers, may from time to time, give helpful comments to readers' questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts. Any comments or suggestions provided by Tessa or any guest bloggers should not therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.
Nothing on this website should be construed as legal advice or perceived as creating a solicitor-client relationship.
Please note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog.
Helpful links from the Landlord Law site include the Which Tenancy Agreement Guide and the Landlords Tips and Tenants Tips
B is for Bond
This is security for the landlord to cover any expenses he has at the end of the tenancy for breach of the terms of the tenancy and/or damage to the property or breakages.
There are two types of bond.
Payments
As I hope you are all aware, this now needs to be protected with a government authorised tenancy deposit scheme within 30 days or penalties apply.
Unfortunately not knowing about the regulations or forgetting to register the deposit are not valid excuses (as the optimistic landlords who write to me about this, seem to think).
So it is REALLY important that landlords get to grips with this and make sure that the payments get protected. Otherwise you are at risk for being sued for between one to three times the tenancy deposit amount for the next six years – with no defence (see the post from yesterday for more information on this).
Guarantees
There are many schemes around to help people get accommodation where a guarantee is provided by an organisation in lieu of an actual payment.
These are often very good – so long as the organisation is reliable you should get paid your (reasonable) claim if the tenants leave a trail of breakages behind them. AND they don’t need to be protected in a scheme! (Because you don’t actually get given the money).
The bad news is that they don’t usually cover rent arrears (as ordinary deposits do), just damage and breakages.
Note that if a guarantee is offered by an individual, rather than by a local authority or similar organisation – this is not as reliable. You need to be very sure that this person is actually going to pay up if called upon.
You can of course go to court and get a CCJ if necessary, but an unpaid CCJ is nowhere near as good as an actual deposit protected with a scheme. Even with all the scheme paperwork.
Next week, C.
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