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Long term tenancy agreements

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climbing67


Joined: 21/04/2008
Posts: 16

Message Posted:
27/08/2009 16:09

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Message 1 of 20 in Discussion

Hi there, i am based in UK but have a villa in Karsiayaka, with someone interested in long term rent. Does anyone have a long term tenancy agreement that I can access or recommend anyone that can provide one without reinventing the wheel! Many thanks



the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
27/08/2009 19:37

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Message 2 of 20 in Discussion

Hi Paula,



If you go on to google and type in tenancy agreement, you will be able to print one off.

Alternativly you can buy them from Rymans stationers or WH Smith



The butlers wife



climbing67


Joined: 21/04/2008
Posts: 16

Message Posted:
27/08/2009 22:25

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Message 3 of 20 in Discussion

Thanks very much will have a look!



Pogle


Joined: 28/08/2008
Posts: 1536

Message Posted:
27/08/2009 22:29

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Message 4 of 20 in Discussion

Climbing 67, I suggest you get your lawyer here to draw one up, it was £80 when we did it. You can tell him/her what terms and conditions you require. A contract from Rymans may not fit the bill if there is trouble with the tenants now or later. You can re-use the one your lawyer draws up for future tenancies.

Good luck with your tenants.



the butler


Joined: 22/06/2007
Posts: 1958

Message Posted:
27/08/2009 22:44

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Message 5 of 20 in Discussion

Hi Pogle,



I disagree with you on this, you don't need to pay £80 to a lawyer. You both sign the contract and keep a copy. You both go to the tax office and get it stamped. The tenants will need this for residency and they will have to pay for a stamp on it, which is a few lira. If you have problems with a tenant, having a form drawn up by a lawyer won't help.



The butlers wife



yorgozlu



Joined: 16/06/2009
Posts: 4437

Message Posted:
27/08/2009 23:06

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Message 6 of 20 in Discussion

I agree with Pogle,only you dont need to go to a lawer.A local "noter"would do the same job for 50tl.

One opposite land regitery office.He did mine for that price,and it covers everything.



Hector


Joined: 26/08/2008
Posts: 2352

Message Posted:
27/08/2009 23:13

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Message 7 of 20 in Discussion

Little doubt that you don't need an advocate in the TRNC except for purposes of throwing money away. Good advice so far. Biggest issue is the reliability of the tenants, getting them out and running up huge bills. . Heard too many horror stories. Good luck.



Pogle


Joined: 28/08/2008
Posts: 1536

Message Posted:
28/08/2009 01:02

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Message 8 of 20 in Discussion

Only a suggestion. The mention of Lawyer makes most tenants behave a little better in my experience but choice is yours of course. I note on my contract it says " subject to the laws of the TRNC", guess this is not required then.



Wiser


Joined: 30/07/2008
Posts: 796

Message Posted:
28/08/2009 08:52

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Message 9 of 20 in Discussion

Dear Paula if you send me your email address to lydia@epluscyprus.com I will send you a copy of the tenancy agreement that I use. Best regards, Lydia



elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
28/08/2009 10:22

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Message 10 of 20 in Discussion

I have seen many tenancy agreements drawn up by Lawyers and so called "Noters". I say so called because there are no official Noters in Cyprus, only Certifying Officers who ar empowerred to certify your signature. Any knowledge of the law is not essential. They may (if you are lucky) or may not know the law. In some cases it may make a differrence.



Most areas have been liberalised now and hence you can get rid of the tenants after some fight in Court. In some limited areas the tenant hav greater protection and only under specific conditions you can get them out. Your lawyer can inform you on these areas.



Make sure the electricity and the water is in the name of the tenant. Even so, they both try to get it off the landlord if the tenant runs away with huge debts. There is a recent High Court Decision that found the landlord responsible. It is a diabolical decision and I am trying to get this publicized in the legal journals but they are delaying its publication.

ismet



climbing67


Joined: 21/04/2008
Posts: 16

Message Posted:
28/08/2009 13:11

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Message 11 of 20 in Discussion

Thanks Lydia, really appreciate that and everyone's advice, really useful to hear others experiences. My email address is powerpaula@btinternet.com



Many thanks



cyprusairsoft



Joined: 22/06/2009
Posts: 2066

Message Posted:
28/08/2009 13:15

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Message 12 of 20 in Discussion

top stuff as usual elko thanks



gabbichurch


Joined: 18/09/2009
Posts: 3

Message Posted:
18/09/2009 16:39

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Message 13 of 20 in Discussion

Hello,



Can anyone help me...my dad owns a villa in Karmi Village and he hired Remax in Kyrenia to look after it for him. They found the tenant, a student with wealthy parents and he was given a 6 month tenancy agreement. He never signed an inventory that Remax took but the contract says that if he moves in he accepts the inventory as correct.



He was due to move out on 22nd June, however, he departed (and we have witness statements from neighbours) to say he actually left on 10th July an hour before we arrived for our holiday. We entered the villa at 6.30am on the 10th to find that alot of items had been stolen including sheets, pillows, towels etc. Many other things were broken.



Remax had not done an inventory despite their contractual obligations and had been negligent on several other aspects such as they were asked to ensure that no dog was in the house after hearing rumours that there was...they took pictures and deliberately avoided the kennel at the front door. We have



gabbichurch


Joined: 18/09/2009
Posts: 3

Message Posted:
18/09/2009 16:39

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Message 14 of 20 in Discussion

res to prove that there was a dog there and all the dog hair I bloody cleaned up.



Now to the legal bit...



I know english law this would be burglary as they had no permission to be in the villa after 22nd june and they took items with the intention to permanently deprive. However, our solicitor over there is trying to say that because this guy was a tenant we cannot sue him for the stolen or damaged items. I find this ridiculous, can anyone shed any light on this???



Or recommend what we can do next?



Many thanks



Tenakoutou



Joined: 27/07/2009
Posts: 4110

Message Posted:
18/09/2009 16:51

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Message 15 of 20 in Discussion

Throwing good money after bad comes to mind - with nil redress.



elko2



Joined: 24/07/2007
Posts: 4400

Message Posted:
18/09/2009 16:54

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Message 16 of 20 in Discussion

I am not sure about the English law as it is today but I do know that before the days of Thatcher once you let your house it was theirs for life



in TRNC:

1. You can sue them for rent or "mesne profits" in the legal jargon for their overstay.

2. You can sue them for damages and the goods they have "stolen" but the onus of proof is on you.

3. You may lodge a complaint with the police about the "stolen" goods but you will have to prove it. The terms of your contract and whatever it says is no proof that they actually had those items. It would have been totally different if they had signed the inventory before they moved it.



You must thank your lucky stars that they left before you arrived. They could have remained there, pay no rent and you would have to book a place in a hotel for the length of your holiday unless you were here for a lengthy holiday

ismet



AlexF065


Joined: 07/09/2009
Posts: 271

Message Posted:
18/09/2009 19:16

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Message 17 of 20 in Discussion

I think you might well be better sueing remax!



but first ask yourself why did you not ask for a copy of the inventory they were supposed to have taken?



why did you not refuse permission for remax to allow the tenant in the property without a signed inventory

why did you not insist on 2 months rent up front? as per the uk



gabbichurch


Joined: 18/09/2009
Posts: 3

Message Posted:
18/09/2009 20:25

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Message 18 of 20 in Discussion

Remax - they gave us a copy of the inventory before the tenant moved in. The contract says that when the tenant moves in he accepts that the inventory is correct.



Remax told us that they did not do an inventory AFTER the tenant left. Whilst we were over there we reported it to the police etc and took all the formal steps. Remax are now claiming to the police (despite telling us they didnt do one) that they did do an inventory after the tenant left, which is lies as remax aint going to be checking a property between 5am and 6.30am!!!



We took a deposit and one months rent, but thy haven't paid like 4 months rent, bills etc and have stolen lots of things. The tenant apparently accepted this was true because he offered to come round and pay us if we could show him what was missing....but never turned up!



Elko2 - I think he did sign the inventory but we have the contract as backup too, he has breached so many aspects. But what I need to know is, can we sue? As we are being told n



ataturk


Joined: 09/09/2008
Posts: 712

Message Posted:
18/09/2009 20:39

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Message 19 of 20 in Discussion

I personally would have the electric on my name because if you have a problem with the tenant you can cut off the electricity and get them out quicker. It works like a treat as no lawyer can make a water tight agreement and you will have to go to court which take a long time.



AlexF065


Joined: 07/09/2009
Posts: 271

Message Posted:
18/09/2009 20:47

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Message 20 of 20 in Discussion

I cannot speak for what goes on in TRNC but it is usual to do the inventry just before letting and agree with the new tenant

you then as a rule visit on the morning they are due to leave and check off the inventory as it is normal at that pint to give the tenant his/her deposit refund

you take the meter readings (most landlords due to problems have pre payment meters fitted and the telephone incomming calls only)



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