Last minute surprises - do not accept a cheque for the first month's rent and/or deposit on the first day of the tenancy!
It sounds obvious but you'll be amazed how many times we have to advise Landlords that irrespective of the fact the cheque bounced the Tenants now have legal possession of the property. The tenancy has already started and should the Tenant not remedy the bounced cheque you would be left with having to start court proceedings to get back the property. Should you find yourself in this situation there is a possibility you have a problem Tenant who knows full well it will take potentially 5 months to evict them. During this time there is a possibility you may not receive any rent.
Be careful of accepting part payments - This is where you receive monies part cash part cheque
Sometimes the Tenant will give you cash and a cheque [one amount for deposit, one for rent]. If both amounts are the same and the cheque bounces which bounced the rent in advance or the deposit?
Where the complexity arises is with deposits - Due to the deposit legislation being so onerous there is a strong argument that first monies received are
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.