Assured Shorthold Tenancy Agreement
Written by The Landlord on 19 May 2008What is an Assured Shorthold Tenancy Agreement?
A tenancy agreement is a legal contract between landlord and tenant, . It maybe written or oral. The agreement contains the terms and conditions of the tenancy, such as the length of the agreement, the rent payable, and what is and isn’t allowed in the property, such as pets.
An Assured Shorthold Tenancy is one of the most common in the private rented sector. If your tenancy began, or was agreed, on or after 28 February 1997, it is likely to be an Assured Shorthold Tenancy. Tenancies starting, or agreed, before that date but after 15 January 1989, are more likely to be Assured Tenancies. Yes, there is a difference between a “Assured Shorthold Tenancy Agreement” and a “Assured tenancy” Both these types of tenancy were introduced to promote lettings. The primary difference between the two types of tenancy is the legislation regarding the landlord regaining possession of the property.
An Assured Shorthold Tenancy is the most commonly used tenancy agreement in the letting of residential properties. This type of agreement is also referred to as an ‘AST’ or ‘Shorthold Tenancy’. An AST should be used where you are renting a property to just one person, or where you are renting to multiple tenants (that know one another). The advantage of this type of agreement with shared properties is that the tenants have ‘joint and several liability’ i.e. the landlord can claim all of the rent from each of the tenants, not just their own share.
An AST is not suitable for some circumstances where it should NOT be used:
- If the property receives more than 25k per year in rent (This will, however, change to 100k from October 2010)
- If the property receives very low, or not rent at all
- If the property is a holiday home
- If the property is let to a private limited company
- If the property is owned by the Crown or a government department
- If the property is being let with more than two acres of agricultural land or an agricultural tenancy
Do I need a written tenancy agreement?
It is not legally required to have a written tenancy agreement in place to start a tenancy. A tenancy agreement can be a oral contract between landlord and tenant. However, written tenancy agreements are highly recommended so important terms and conditions don’t get forgotten.
When a landlord rents out a property to a tenant, this is a legal contract, so it’s important to have the T&C’s in the contract written down so both tenant and landlord knows what the contract specifies. If everything is written in black and white, there can never be any question of what was agreed. If T&C’s are only verbally agreed, it’s easy to forget what was agreed.
Additionally, if under any unfortunate circumstance, complications between landlord and tenant surfaces which requires the aid of the court, the tenancy agreement can prove to be vital.
Different types of Tenancy Agreements
Tenany Agreements can range from 2 pages to more than 20, and they’re available from various sources. However, it’s important to note that any tenancy agreement must be “Fair” and “Clear” and not intended to mislead the tenant in any way.
How do I know if I have an Assured Shorthold Tenancy Agreement?
There are serveral factors which will determine whether or not an Assured Shorthold Tenancy has been agreed. You will have an AST if:
- If the tenant pays less than 50k per year in rent
- If the tenant moved into the property on or after 28th febuary 1997
- If the tenant is renting from a private landlord
- If the tenant has rights to have privacy in the property where the landlord cannot enter the property without mutual agreement
How long can the agreement last for?
An Assured Shorthold Tenancy can now be (after 28th February 1989) for any period of time, it does not have to be “short” (Prior to 28th February, there was a requirement for a tenancy to be for a minimum of six months, there is no longer this minimum set.)
The landlord and tenant may agree on a fixed term of less than six months. However, the tenant has a right to stay in the property for a minimum period of six months, regardless of what the agreement stipulates.
At the end of the term if the tenancy agreement is not renewed, it then becomes what is known as a Statutory Periodic Assured Shorthold Tenancy Agreement. The terms of the original tenancy agreement still apply, but the tenancy continues on the rent schedule. For example, if rent is paid on a monthly basis, then the contract will become a monthly periodic tenancy.
There’s also what is known as a Contractual Periodic Tenancy; this is when no term for the end of the let is set and the tenancy agreement simply continues until either party decide to bring it to an end.
Regardless of which status your agreement is in (fixed term or statutory), the landlord still has to give two months notice to the tenant and can’t obtain possession (before 6 months of the tenancy agreement has elapsed) other than by satisfying certain of the prescribed grounds.
Tenancy Deposit Protection Scheme
All landlords and letting agents who take deposits for Assured Shorthold Tenancies in England and Wales must join a Government-authorised tenancy deposit protection scheme. Within 14 days of receiving the deposit the landlord must provide the tenant with details of the scheme chosen by him to safeguard the deposit. More details on Tenancy Deposit Protection Scheme.
Who keeps a copy of the Tenancy Agreement?
The landlord and each tenant should have their own copy of the tenancy agreement. Each copy should be signed by tenant and landlord.
It’s important that everyone keeps their own copy, as it may prove to be useful in court if any legal issues occur.
What’s in a Assured Shorthold Tenancy Agreement?
Here are just a few of the issues the contract should cover:
- The amount of rent and deposit payable and the term of the tenancy
- Right of landlord to charge interest on late rent payments
- Tenant’s obligation to pay bills and council tax
- Tenant’s obligation to keep the property and any garden in good order and repair
- To use the property for residential purposes only
- Not to cause nuisance or annoyance to others
- Not to keep pets without written permission
- Not to leave property unattended for more than 21 days without informing landlord
- Prescribed information about the tenancy deposit scheme.
Remember, an agreement can be amended by adding or removing any terms as required, as long as they do not conflict with law. Both the tenant and landlord have rights and responsibilities given by law. The tenancy agreement can give both the tenant and landlord more than statutory rights, but cannot give less than your statutory rights.
Basic rights
There are basic obligations a tenant and landlord must obey even if they aren’t set down in the agreement, but which are given by law and are implied into all tenancy agreements. These terms form part of the contract, even though they have not been specifically agreed.
Some of the most common implied terms are:
- The landlord must carry out basic repairs
- the landlord must keep the installations for the supply of water, gas, electricity, sanitation, space heating and heating water
- in good working order
- the tenant has the right to live peacefully in the accommodation without nuisance from the landlord
- the tenant has an obligation to take proper care of the accommodation.
Changing the tenancy agreement
A tenancy agreement can be changed if both the landlord and tenant agree to the new conditions. The change should be recorded in writing, either by drawing up a new written document setting out the terms of the tenancy or by amending the existing written tenancy agreement.
An oral agreement can also be changed. Usually the change will be oral too. In the case of a dispute, evidence of the variation can be provided if there were witnesses to the new agreement or simply by both parties acting on the variation, for example, by paying and accepting a new rent.
Ending a tenancy agreement in the middle of the terms
It both parties agree to terminating the agreement, they can legally do so. This is called ‘surrender’. There are two ways that surrender of a tenancy can occur: by “operation of the law” or by a “declaration of surrender”.
Surrender of operation by law
This is when the tenant gives up their occupation of the property to the landlord and the landlord accepting this. This could involve the tenant handing over the property’s keys to the landlord and the landlord accepting that the agreement is over and that they now have possession.
Declaration of operation by law
This is when the tenant signs a “Declaration of Surrender”. This written document then acts as proof that the tenant has given up possession of the property to the landlord.
For a surrender to be legal, both parties must agree. It’s advised for everything that has been agreed to be writen down so everyone knows where they stand. If a joint tenancy is in place, all the joint tenants and the landlord must agree to the surrender.
When a tenant has legally surrendered the tenancy, then the landlord has the right of possession of the property under Section 5 of the Housing Act 1988. The landlord needs to end the agreement properly, before re-letting the property, otherwise the landlord could be accused of unlawful eviction.
Discrimination in tenancy agreements
The landlord must not discriminate against the tenant because of your race, sex, disability, sexuality or religion. It is against the law for the landlord to do any of the following:
- rent a property to a tenant on worse terms than other tenants
- treat the tenant differently from other tenants in the useage of facilities such as the garden
- evict or harass the tenant because race, sex, disability, sexuality or religion
- refuse to make reasonable changes to a term in the tenancy agreement which would allow a disabled person to live there.
Discrimining against sex, disability, sexuality or religion, generally don’t apply if your landlord lives in the same property as you. However, the landlord still cannot discriminate against race.
Pet Clauses in Tenancy Agreements
Most good tenancy agreements will have a pet clause, but what it stipulates can vary from contract to contract. In general, they will say whether a tenant can or can’t keep pets. But even if the tenancy agreement does say NO PETS permitted, a landlord can change his/her mind, and in that case the landlord should give written permission so there is no confusion.
In case of any damage caused by pets, the tenant will still be held liable and responsible. Damage is exactly that, so it doesn’t matter if it’s a tenant, their friend or their dog that cause it. The security deposit can be used to cover damages caused by pets. However, just so tenants are clear about what is expected, landlords can provide a supplement Pet Clause Policy Form with the Tenancy Agreement.
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259 Comments - join the conversation...
Showing 210 - 259 comments (out of 259)
Tony2011-06-09 20:21:50
I have a 12 month contract that expires on 31/10/11. The Agent is telling me that if I intend to stay in the property I'll need to sign another 12 month agreement (with the same get out clause at 6 months). Can they do this or do they have to let me stay on a rolling month basis? What's the minumum duration I can sign up for? Any advice will be gratefully accepted. Many thanks.
210
David Rooper2011-06-15 22:21:49
I had agree via email to my tenant that he can leave the property before the end of fixed term if the tenant lets me retain his deposit.
The tenant agreed to this and vacated the apartment, after that I thought to safeguard my interest I wanted to add a condition for that I should get the new tenant by next month.
My ex tenant is not agreeing to this,stating that this was not agreed when I asked him to vacate the apartment and now after he has vacated the apartment the clauses cannot be changed.
I want to know as my tenant has left the apartment before the end of contract , can I take a legal action against him in case I don't get a new tenant.
Thanks,
David
The tenant agreed to this and vacated the apartment, after that I thought to safeguard my interest I wanted to add a condition for that I should get the new tenant by next month.
My ex tenant is not agreeing to this,stating that this was not agreed when I asked him to vacate the apartment and now after he has vacated the apartment the clauses cannot be changed.
I want to know as my tenant has left the apartment before the end of contract , can I take a legal action against him in case I don't get a new tenant.
Thanks,
David
211
Harry2011-06-24 09:20:19
I rent a house on a short term assured tenancy with furnishing provision. It is 5years now the landlord hasn't replaced the beddings and sofas which are in a very poor state; and the landlord has been made aware but does not take replacement task. What is his obligation under the law and what are the tenant's rights on this?
212
Harry2011-06-24 09:23:11
Is it legal to have rent paid directly to landlord's hands or there is an obligation to pay through the bank.
213
mrsbrown2011-06-28 09:22:47
We have just applied for a reference check with the company 'Rentshield' who have contacted our previous letting agent for a reference. This letting agent has refused to give any information about our tennancy unless we pay them a £24 fee. Is this the norm? I have paid the fee because I want the reference check to run smoothly but I am really annoyed at what seems to be a really dodgy hidden charge. I have checked our old tennancy agreement and there is nothing in it about information release fees post-tennancy. Any ideas?
214
Spinningt2011-07-05 09:47:14
Me and my partner have just signed a 12month AST. The noise from upstairs and next door is unbearable. Can we cancel the agreement and move out? As its only been 4 days since we moved in? Is there a cooling off period? Thanks in advance.
215
Kostja Paschalidis2011-07-06 22:16:55
I have a 1 year agreement and i want to extend for two months am i allowed to do so even if the landlord doesn't agree?
216
Tracy2011-07-13 01:39:59
Please help.
I have been in my current property for nearly 5 years. I initially signed an assured shorthold tenancy with a company that went bust (and who held my deposit which was not protected which I have obviously not received back). Since the company collapse my landlord has moved agents. I have been dealing with the new agents now for nearly 2 years. I signed a new contract with them when they took the property over but nothing since.
I have just received a letter from the agents today, telling me that the rent is going up by £25 per month (doesnt say when from though). The letter also asks if i wish to sign a 6 month or 12 month contract to renew; at a cost of £50 + VAT. If I dont sign a new contract, they will serve me with a 2 months notice to quit. If they do not hear from me in reply to the letter (no timescale given) the notice will be automatically served.
I am in a total panic now and dont know what to do.
My landlord is aware that my tenancy would be very long term and I would ideally like (if I have to sign one) have the tenancy for 3 years, can I do this.
I have put a lot of money and effort into the property regarding decor and improvements, which also includes new kitchen units etc. and paying for repairs and jobs to be done which the landlord had said he would do when I first moved in nearly 5 years ago.
I have been in my current property for nearly 5 years. I initially signed an assured shorthold tenancy with a company that went bust (and who held my deposit which was not protected which I have obviously not received back). Since the company collapse my landlord has moved agents. I have been dealing with the new agents now for nearly 2 years. I signed a new contract with them when they took the property over but nothing since.
I have just received a letter from the agents today, telling me that the rent is going up by £25 per month (doesnt say when from though). The letter also asks if i wish to sign a 6 month or 12 month contract to renew; at a cost of £50 + VAT. If I dont sign a new contract, they will serve me with a 2 months notice to quit. If they do not hear from me in reply to the letter (no timescale given) the notice will be automatically served.
I am in a total panic now and dont know what to do.
My landlord is aware that my tenancy would be very long term and I would ideally like (if I have to sign one) have the tenancy for 3 years, can I do this.
I have put a lot of money and effort into the property regarding decor and improvements, which also includes new kitchen units etc. and paying for repairs and jobs to be done which the landlord had said he would do when I first moved in nearly 5 years ago.
217
hi can any one help2011-08-04 12:16:51
hi what it is is i moved into my property a month ago and my landlord has now told me he want us out so he can move back in but we have a 6 month writtern agreed contract can he still evict us bare in mind i have never been late with my rent
218
julie2011-08-06 09:28:26
hi i have singed a contract for my new house was ment to be moving in on the 1st of september i have given a months rent and bond up front i recived a phone call him and her are parting companie so he wants to sell it i have given notice on my old hous wich ends on the 28 the only writen paper work is a recipet for the bond what can i do im going to be homlass dont know were i stand
219
Alex2011-08-10 10:30:23
Hi there.
i think some1 from you will be help .
we signed a contract for 36 months. once we view the property we have noticed there is damp and bath ceiling leakage in flat and also damp in bedroom as well as no heating. we spoke with letting person he said once you signed contract you will do nothing just contact your assigned property manager she will sort it out for you everthing. we contacted her through tel calls and also sent her emails with damp and property fotos which show it really needs extra attention but nothing has been done . we been there for last 15 months and we tried to call letting manager and property but nothing. from last 5 months my wife got problem due to damp and poor living condition and im also suffering from nose blockage , itching etc.
Last week our GP wrote a letter for us stating that we have on going health problem due to poor living conditions.
what should we do.... plz help us we are really struggling there
thanks
waitng for reply
i think some1 from you will be help .
we signed a contract for 36 months. once we view the property we have noticed there is damp and bath ceiling leakage in flat and also damp in bedroom as well as no heating. we spoke with letting person he said once you signed contract you will do nothing just contact your assigned property manager she will sort it out for you everthing. we contacted her through tel calls and also sent her emails with damp and property fotos which show it really needs extra attention but nothing has been done . we been there for last 15 months and we tried to call letting manager and property but nothing. from last 5 months my wife got problem due to damp and poor living condition and im also suffering from nose blockage , itching etc.
Last week our GP wrote a letter for us stating that we have on going health problem due to poor living conditions.
what should we do.... plz help us we are really struggling there
thanks
waitng for reply
220
alex2011-08-10 21:34:56
You should visit your nearest council and meet the tenancy relation officer over there Lodge a complain to him that the landlord is making you live in a bad condition.
in other case , contact a citizens advice beaureau.
in other case , contact a citizens advice beaureau.
221
Eva2011-08-15 16:08:15
Hi
I'm about to sign an AST and I want to ask if a solicitor is needed for that. My landlord and his witness have already signed, sent to me and my flatmate the contract and we need to sign, scan it and send it back through email. Is that a proper way to be done? Not at the same time and without a solicitor involved? I also want to add the spaces to be filled in are hand-written, not typed on a computer.
Thank you.
I'm about to sign an AST and I want to ask if a solicitor is needed for that. My landlord and his witness have already signed, sent to me and my flatmate the contract and we need to sign, scan it and send it back through email. Is that a proper way to be done? Not at the same time and without a solicitor involved? I also want to add the spaces to be filled in are hand-written, not typed on a computer.
Thank you.
222
mike de2011-08-20 06:01:26
Warning to all public@@@@
Never rent from Whittle and Jones they are corrupt and steal money .
Never rent from Whittle and Jones they are corrupt and steal money .
223
Jules2011-08-24 20:46:45
My tenant paid rent monthly in advance on 15th of every month. She gave one month's notice to leave the property but did so at the end of a month. She had therefore already paid for the two weeks after she left the property. Do I have to give this mmoney back? There is nothing in the tenancy agreement to say that I have to.
224
CJA2011-08-25 15:54:55
I hope someone could help I am desperate.
me and my partner have just moved into a 2 bed rented house £850 a month on the 1st of aug and I have just found out that i am pregnant.
my new job wont pay me maternity leave so i will be unemployed for a while when I have had the baby, so all our money has to go to savings and we have to move back home. We have only lived there for a month and have said that they can use the deposit as a months notice.
can anyone help?
me and my partner have just moved into a 2 bed rented house £850 a month on the 1st of aug and I have just found out that i am pregnant.
my new job wont pay me maternity leave so i will be unemployed for a while when I have had the baby, so all our money has to go to savings and we have to move back home. We have only lived there for a month and have said that they can use the deposit as a months notice.
can anyone help?
225
Jambox2011-08-28 17:03:15
Hi,
Part time landlord, full time tenant. My circumstances have changed and as such I have to break my AST as soon as possible. We have a two month break clause, but due to having to move into a new place in two weeks, i'd ideally need to break next month. Can this be done with the agreement of our landlord? Can it be done without their agreement?
Cheers
Part time landlord, full time tenant. My circumstances have changed and as such I have to break my AST as soon as possible. We have a two month break clause, but due to having to move into a new place in two weeks, i'd ideally need to break next month. Can this be done with the agreement of our landlord? Can it be done without their agreement?
Cheers
226
Eric2011-09-15 18:54:49
hi,
I moved into a shared professional let 3 months ago on the basis of a 6 month AST. However I never signed the tenancy agreement as we recieved it and it went missing and before I had a chance to sign it, it went missing and the estate agents have also confirmed that they do not have a copy that I have signed.
Considering I never signed the agreement am I free to walk away from the tenancy without fulfilling my 6 month agreement with no liability towards the rent and bills for the property?
I know this is slightly immoral but the other tenants are driving me crazy!
Thanks
Eric
I moved into a shared professional let 3 months ago on the basis of a 6 month AST. However I never signed the tenancy agreement as we recieved it and it went missing and before I had a chance to sign it, it went missing and the estate agents have also confirmed that they do not have a copy that I have signed.
Considering I never signed the agreement am I free to walk away from the tenancy without fulfilling my 6 month agreement with no liability towards the rent and bills for the property?
I know this is slightly immoral but the other tenants are driving me crazy!
Thanks
Eric
227
cardifflandlord2011-09-16 10:21:55
@Eric - the AST is assumed in Law even if you do not have a signed agreement. Your rental payments in return for being provided a room/house whatever prove that a transaction has taken place. You are obliged (as is your landlord) to the 6 months. You cannot just walk away.
@CJA - Don't understand the question because you have only asked if someone can help? Help with what?
@Jules: - depends if you want to be seen as a nice person or just another dodgy landlord. Use your morals and make a decision.
@Eva - No solicitor needed if standard Assured Shorthold Tenancy Agreement. Tenancy agreement should be signed and witnessed in presence of ALL parties otherwise how do you know if there is actually a witness or the LL using his other hand? Not all AST's require witnesses however.
Alex - If the damp is that bad you should have make note of it when you viewed the property and BEFORE signing the agreement. Contact your local council's environmental health dept or private sector housing dept. Also 36 month agreement is frankly stupid since if you have to leave/lose your job tomorrow you are still technically liable for the balance of the initial period.
@CJA - Don't understand the question because you have only asked if someone can help? Help with what?
@Jules: - depends if you want to be seen as a nice person or just another dodgy landlord. Use your morals and make a decision.
@Eva - No solicitor needed if standard Assured Shorthold Tenancy Agreement. Tenancy agreement should be signed and witnessed in presence of ALL parties otherwise how do you know if there is actually a witness or the LL using his other hand? Not all AST's require witnesses however.
Alex - If the damp is that bad you should have make note of it when you viewed the property and BEFORE signing the agreement. Contact your local council's environmental health dept or private sector housing dept. Also 36 month agreement is frankly stupid since if you have to leave/lose your job tomorrow you are still technically liable for the balance of the initial period.
228
jane2011-09-19 15:23:21
Hello
we have been renting a property for 2 years via an agency, the first year we signed the assured shorthold tenancy agreement, however we never signed the renewal contract. Now we want to move out a month before the end of the contract (which was never signed). The agency are refusing to accept our 1 month notice and keep saying that we have to pay the rent until the end of the contract. Are they right? what happen if we move out a month before the end of the contract?
The original contract does not have a brek clause and doesn't mention anything about ending a tenancy agreement.
Your help will be much appreciated.
many thanks
we have been renting a property for 2 years via an agency, the first year we signed the assured shorthold tenancy agreement, however we never signed the renewal contract. Now we want to move out a month before the end of the contract (which was never signed). The agency are refusing to accept our 1 month notice and keep saying that we have to pay the rent until the end of the contract. Are they right? what happen if we move out a month before the end of the contract?
The original contract does not have a brek clause and doesn't mention anything about ending a tenancy agreement.
Your help will be much appreciated.
many thanks
229
ROGER COTTON2011-09-25 19:49:15
my landlord is trying to evict me has given my section 21 notice ona assured shorthold tennecy periodic tennacy i ahve no secured deposit and an ection notice of a web site called law depot not any court order i was told no scetion 21 notice with no secured deposit is this true and is eviction notice legal
230
cardifflandlord2011-09-26 17:47:58
@Roger - sorry - no idea what you are on about.
@Jane - The agency are correct - you are contracted to the end of the initial term. if you signed for two years you would not have to sign for a renewal unless you are over the two year period (which you have not clarified). At the end of the contract you have to give one months notice to leave.
@Jane - The agency are correct - you are contracted to the end of the initial term. if you signed for two years you would not have to sign for a renewal unless you are over the two year period (which you have not clarified). At the end of the contract you have to give one months notice to leave.
231
hertz2011-09-27 16:26:46
Hi my tenancy aggreement is due shortly,everytime it is renewed it costs me £75 ,the landlord pays the other half I,m finding this costly as they renew annually it use to be 6mths which was worse is there a way round this so I dont have to pay it.
232
stella avery2011-10-10 20:28:01
whats the chance of living in Cornwall, and buying a property to let in lancashire working.being so far away,havnt signed anything yet.would like comments.
233
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234
poppy2011-11-04 11:36:50
Hoping someone can help with the legal side of things.
My friend just signed an AST ( 12month, NO BREAK CLAUSE-scream!)starting 6th Oct and the kitchen is riddled with damp and mould. The ceiling also leaks when it's raining as it's a flat roof this isn't helping either, the ceiling now bows in.
She contacted the letting agent (LA) 24hrs after moving in as it rained the first night. They claimed that the mould must have 'come up over night!' but would contact the LL.
LL said it wasn't a problem before so how can it have happened in 24hrs and then on a further chase up changed his mind as to who's responsible for it; not him apparently as he is just the LH not FH.
The LA now constanly claim she must speak to the 'admin' dept of which noone answers the phone there.
She happened to speak to the previous tentents in the last week who are taking the LA to court as they have withheld all of the deposit claiming the damage for the damp and out issues has cost them their deposit.
The previous tentents claim that the reported the damp and mould from day one and nothing was ever done about it. Therefore am I right in thinking that the LA 'willing let an unfit property'... or is that wishful thinking??
She has contacted Environmental Health as 'Shelter' told her there is nothing she can do but ''put up with it'' and they can't force the LL/LA to repair the ceiling only ask for it to be done in a reasonable amount of time ( I understand this 'reasonsable amount of time' to be 28days but not sure if this changes if it's dangerous to health?!). EH have an appointment at the flat on Tuesday so we are hoping that a) the ceiling will hold out until then and
b) EH will state the property is 'unfit for habitation'.
If this is the case we are aiming to tell the LA that she wants;
-immediate exit from the property
-no further rental payments to be made
-full deposit to be returned within 14days as per the legal requirements.
We're not sure how the above will go down but in the eyes of the law so feedback would be great but she's going to try it anyways, that is if EH state the above.
Having read her contract I noticed that there were several things wrong/unusual about it they are;
- no break clause for her, only the standard 2 months for the LL
- the list of obligations for the LL is only 2, yes 2 long. They are the he will 'agree to let the property' and 'will make good the common ways and keep them lit' nothing about the repair and upkeep of the property on his part, it does however state that the tentant will repair or pay for 'sinks, drains, guttering,plumping' should they need replacing!!!
One of the first clauses for the LA states the usual about using the DPS for the deposit, 14days for them to place it with the DPS. We found out that the DPS don't have the deposit registered with them and we checked the other 2 agents for it. On calling the LA they claimed they were within the 14day limit and we reminded them that it was 6weeks past the moving in day. They have now registered the account but no actually paid anything into the account with the DPS.
We are looking at the possiblity of taking the LA to court over the DPS situation re; 3x the amount but understand that this could depend on which judge we get.
My friend has no paperwork regarding the upkeep of the boiler and the last date on the sticker on the boiler is 2009, not annually.
Again the contract doesn't state that the boiler will be checked but reading the above information we're a little confused as to whether the contract actually HAS to state;
-The landlord must carry out basic repairs
-The landlord must keep the installations for the supply of water, gas, electricity, sanitation, space heating and heating water
in good working order.
or whether it is part of an unwritten 'basic right' and therefore this is illegal on the part of the LA/LL.
In short, we are looking for a 'get out clause' for her as she is signed up for 12months and frankly wants to get the hell out as her health is starting to suffer regarding what can only be the damp.
The LA have implyied that as they are students that they have difference human rights to living in the flat!!
The LA has a massive reputation for being terrible, something she only found out after signing, there aren't any good reviews online for them! Sadly my friend was desperate for a property as she's in the final year of Uni and this is her first rented property so doesn't really know what to expect.
Any help on the above or any areas of the law we can use to get her out would be really helpful please.
Thanks
Poppy
My friend just signed an AST ( 12month, NO BREAK CLAUSE-scream!)starting 6th Oct and the kitchen is riddled with damp and mould. The ceiling also leaks when it's raining as it's a flat roof this isn't helping either, the ceiling now bows in.
She contacted the letting agent (LA) 24hrs after moving in as it rained the first night. They claimed that the mould must have 'come up over night!' but would contact the LL.
LL said it wasn't a problem before so how can it have happened in 24hrs and then on a further chase up changed his mind as to who's responsible for it; not him apparently as he is just the LH not FH.
The LA now constanly claim she must speak to the 'admin' dept of which noone answers the phone there.
She happened to speak to the previous tentents in the last week who are taking the LA to court as they have withheld all of the deposit claiming the damage for the damp and out issues has cost them their deposit.
The previous tentents claim that the reported the damp and mould from day one and nothing was ever done about it. Therefore am I right in thinking that the LA 'willing let an unfit property'... or is that wishful thinking??
She has contacted Environmental Health as 'Shelter' told her there is nothing she can do but ''put up with it'' and they can't force the LL/LA to repair the ceiling only ask for it to be done in a reasonable amount of time ( I understand this 'reasonsable amount of time' to be 28days but not sure if this changes if it's dangerous to health?!). EH have an appointment at the flat on Tuesday so we are hoping that a) the ceiling will hold out until then and
b) EH will state the property is 'unfit for habitation'.
If this is the case we are aiming to tell the LA that she wants;
-immediate exit from the property
-no further rental payments to be made
-full deposit to be returned within 14days as per the legal requirements.
We're not sure how the above will go down but in the eyes of the law so feedback would be great but she's going to try it anyways, that is if EH state the above.
Having read her contract I noticed that there were several things wrong/unusual about it they are;
- no break clause for her, only the standard 2 months for the LL
- the list of obligations for the LL is only 2, yes 2 long. They are the he will 'agree to let the property' and 'will make good the common ways and keep them lit' nothing about the repair and upkeep of the property on his part, it does however state that the tentant will repair or pay for 'sinks, drains, guttering,plumping' should they need replacing!!!
One of the first clauses for the LA states the usual about using the DPS for the deposit, 14days for them to place it with the DPS. We found out that the DPS don't have the deposit registered with them and we checked the other 2 agents for it. On calling the LA they claimed they were within the 14day limit and we reminded them that it was 6weeks past the moving in day. They have now registered the account but no actually paid anything into the account with the DPS.
We are looking at the possiblity of taking the LA to court over the DPS situation re; 3x the amount but understand that this could depend on which judge we get.
My friend has no paperwork regarding the upkeep of the boiler and the last date on the sticker on the boiler is 2009, not annually.
Again the contract doesn't state that the boiler will be checked but reading the above information we're a little confused as to whether the contract actually HAS to state;
-The landlord must carry out basic repairs
-The landlord must keep the installations for the supply of water, gas, electricity, sanitation, space heating and heating water
in good working order.
or whether it is part of an unwritten 'basic right' and therefore this is illegal on the part of the LA/LL.
In short, we are looking for a 'get out clause' for her as she is signed up for 12months and frankly wants to get the hell out as her health is starting to suffer regarding what can only be the damp.
The LA have implyied that as they are students that they have difference human rights to living in the flat!!
The LA has a massive reputation for being terrible, something she only found out after signing, there aren't any good reviews online for them! Sadly my friend was desperate for a property as she's in the final year of Uni and this is her first rented property so doesn't really know what to expect.
Any help on the above or any areas of the law we can use to get her out would be really helpful please.
Thanks
Poppy
235
Cardifflandlord2011-11-04 12:35:47
@Poppy: The LL has a statutory obligation, irrespective of whether it is in the AST or not, to keep the fabric of the property in a safe and proper condition including, as you stated, the water supply, sanitation, heating and hot water. Hot water must be provided as well as a form of heating but this does not have to be via central heating system - it could be oil filled rads or convector heaters etc. Unfortunately, the law is rather weak in these areas as the council environmental health dept can only issue improvement orders which invariably have little or no teeth when actually getting something done. Report LL to the GAS SAFE REGISTER the statutory body in charge of gas safety in the UK. LL has a legal responsibility to have gas appliances checked EVERY year and deserves all he gets if he fails to do so.
Forget the 3x deposit because as long as the deposit is made before the hearing you can't do anything about it. Deposit may be held in a scheme such as MyDeposits which is insurance based and is a different concept to the DPS.
No break clause is not wrong/unusual. Your friend should have taken legal advice before signing the contract or insisted in a break clause. It's not upto the LL to suggest this. Lesson learned I hope. Surely your friend would have seen the damp/state of the kitchen before moving in during the viewing? If the kitchen is that bad then surely the state of the rest of the house would be in a similar state? Also under AST no one can break the agreement during the initial term irrespective of whether there is 2, 3 or 6 months notice. Under periodic tenancy (after initial term expires) LL has to give 2 months notice whilst tenant has to give one.
If LA's members of ARLA (probably not) then complain to them - I would do so anyway.
I would seek some proper legal advice because you may be able to get out under the Unfair Contract Terms Law whereby if the terms are not reasonable the LL/LA are culpable.
If ceiling is in that much of a state perhaps a little helping hand to encourage it to fall with the resulting bang on the head/injury being enough to sue the Landlord? Of course I would never condone such a course of action................
Being in her final year of Uni and not knowing what to expect is not an excuse. Sure there are lots of people who will take advantage of naivety but she is in Uni for heavens sake and as such I would expect her to have at least some idea of the rental sector given she must have friends who rent and would have heard the horror stories they tell.
Get you friend to go the the Uni's housing officer without delay - they will assist her with this.
Hope this helps and tell your friend to wise up! It's a big scary world out there!!
Forget the 3x deposit because as long as the deposit is made before the hearing you can't do anything about it. Deposit may be held in a scheme such as MyDeposits which is insurance based and is a different concept to the DPS.
No break clause is not wrong/unusual. Your friend should have taken legal advice before signing the contract or insisted in a break clause. It's not upto the LL to suggest this. Lesson learned I hope. Surely your friend would have seen the damp/state of the kitchen before moving in during the viewing? If the kitchen is that bad then surely the state of the rest of the house would be in a similar state? Also under AST no one can break the agreement during the initial term irrespective of whether there is 2, 3 or 6 months notice. Under periodic tenancy (after initial term expires) LL has to give 2 months notice whilst tenant has to give one.
If LA's members of ARLA (probably not) then complain to them - I would do so anyway.
I would seek some proper legal advice because you may be able to get out under the Unfair Contract Terms Law whereby if the terms are not reasonable the LL/LA are culpable.
If ceiling is in that much of a state perhaps a little helping hand to encourage it to fall with the resulting bang on the head/injury being enough to sue the Landlord? Of course I would never condone such a course of action................
Being in her final year of Uni and not knowing what to expect is not an excuse. Sure there are lots of people who will take advantage of naivety but she is in Uni for heavens sake and as such I would expect her to have at least some idea of the rental sector given she must have friends who rent and would have heard the horror stories they tell.
Get you friend to go the the Uni's housing officer without delay - they will assist her with this.
Hope this helps and tell your friend to wise up! It's a big scary world out there!!
236
Christian2011-11-04 18:10:38
I have a dispute with our letting agent regarding a renewal of a fixed term short hold tenancy. The original tenancy ended in May 2011 and as far as I was concerned we were then paying a statutory period tenancy (from month to month) but we paid a renewal fee to the letting agent who are claiming that even though the contract was not signed by us or the landlord there was an intent to sign because of this fee being paid. I suggest that they need to prove that the money we paid was for the tenancy agreement & not something else. eg. we have no receipt or invoice etc. (or signed contract obviously) They are claiming we can not leave until May 2012 without being liable to costs.
Really appreciate if I could get some advise. Is it worth me contesting this? What if the landlord agrees to the ending of the contract early, are we still liable for fees?
Thanks.
Really appreciate if I could get some advise. Is it worth me contesting this? What if the landlord agrees to the ending of the contract early, are we still liable for fees?
Thanks.
237
Paul2011-11-22 22:27:09
Hi, I recently terminated earlier AST with landlord's agreement as new tenant was found. I already moved out. I was informed that because I am ending agreement early I must pay administration charge to agency and additionally check in fee which normally landlord pays. On what basis can the letting agent demand these fees? In agreement there is only mentioned that I am liable for rent until the end of tenancy or until new tenant has been found. Also I received notice that there will be deduction from deposit for certain amount from letting agent. I didn't agree for this amount. I received another notice with lower amount for which I agreed. Then I got another notice that landlord does not agree for lower deduction and wants the amount in first notice. Can landlord increase back the amount to be deducted? Is the letting agent not representing landlord?
Thanks,
Thanks,
238
Joyce2011-12-06 11:49:26
Hi I have had an Assured Shorthold tenancy agreement start date 23 December for 12 months now,rent is paid monthly by S/O agreement ends 22 December 2011, LL agreed via letting agency to renew contract for a further 12 months. What date should be the start date again 22nd or 23rd?
thanking you
thanking you
239
Cardifflandlord2011-12-06 18:23:25
23rd December at 00:00:01.
May I suggest a break clause in there somewhere as it's quite a long AST just in case you need it.
May I suggest a break clause in there somewhere as it's quite a long AST just in case you need it.
240
Cardifflandlord2011-12-06 18:26:14
@Paul - on the basis that YOU broke the tenancy agreement. By terminating early you are required to pay any outstanding rent, the reasonable fees of the landlord in re-letting the property and your deposit.
Letting agent may be representing LL but may not be operating in his interest or did not ask his permission to deduction.
Letting agent may be representing LL but may not be operating in his interest or did not ask his permission to deduction.
241
Cardifflandlord2011-12-06 18:29:43
@ Christian: Yep they can do this. Signature not required as you paid the renewal fee and as they say, by doing so, it signaled your intent to stay.
If you leave early you will forfeit any deposit and will be liable for re-letting fees (which must be reasonable). You should have read the small print before signing however if the terms were unfair then you may have a claim under unfair contract terms legislation.
If you leave early you will forfeit any deposit and will be liable for re-letting fees (which must be reasonable). You should have read the small print before signing however if the terms were unfair then you may have a claim under unfair contract terms legislation.
242
Joyce2011-12-07 01:26:03
Thank you for your time and advice, I asked the letting agency to prepare the new AST dated from 23 December 2011 as the old one expires 22/12/2011 but he said that the start date should now show 22/12 not 23/12. You mention a break clause? I am sorry I do not understand, I have had a 12months standard ast contract, and now LL agreed to another 12 months.....
Thanking you once again.
Thanking you once again.
243
Louise2011-12-09 09:46:40
Hi,
We have been renting the same property for 8 years with no problems.
At the beginning of this year our landlord decided to refurbish the downstairs adding two more flats to the property. Our front door has been moved to the back of the building causing problems with the post.We have no-one to contact to ask to unlock the old front door to get it! We have put a sign on the original front door but its not easy to see the access to the rear of the building. There is also no lighting at the back of the building and we have to climb steps, with no railings, in the dark!! We also have less parking than we did before and no droppped kirb which is damaging the car. We have had to keep one car at a relatives house as there is no room any more.
The landlord keeps saying that the kirb and the light will be fixed, we are still waiting. He now refuses to answer calls.
Our contract was up for renewal in Oct however we have not signed it, mainly due to all of the problems we're having.
1. Can the landlord change all of those things without any consideration to the inconvenience it is causing us and the safety issues?
2. Can we be asked to leave as we have not signed the contract? We don't plan to stay much longer.
Thanks
We have been renting the same property for 8 years with no problems.
At the beginning of this year our landlord decided to refurbish the downstairs adding two more flats to the property. Our front door has been moved to the back of the building causing problems with the post.We have no-one to contact to ask to unlock the old front door to get it! We have put a sign on the original front door but its not easy to see the access to the rear of the building. There is also no lighting at the back of the building and we have to climb steps, with no railings, in the dark!! We also have less parking than we did before and no droppped kirb which is damaging the car. We have had to keep one car at a relatives house as there is no room any more.
The landlord keeps saying that the kirb and the light will be fixed, we are still waiting. He now refuses to answer calls.
Our contract was up for renewal in Oct however we have not signed it, mainly due to all of the problems we're having.
1. Can the landlord change all of those things without any consideration to the inconvenience it is causing us and the safety issues?
2. Can we be asked to leave as we have not signed the contract? We don't plan to stay much longer.
Thanks
244
liz2011-12-28 20:59:37
hiya
please someone help weve been in our property from april 2011, we signed a 6months contract and was asked to sign a 12month contract in oct but i said no we wanted to signa 6month again only because i was due my baby at start of oct and coyuldnt deal with stress of moving on top of that with a toddle and a disabled partner on my own. since moving in the neighbours upstairs are constantly banging shouting and playing music witchwe have never complained about 2months ago i complained to landlord about the rubbish they never put out for bin men or take to the tip then we seen a rat outside there door. then all ove xmas from about the 20th weve had it constantly music blaring to the point the walls are viabrating my pics have fell of the walls i can not put my newborn to bed because of the noise and the music witch s not fair, i sent in a 2month notice we want out. they said i cant unless i pay the remainder of contract, can they do this? i have aassured tenacy agreement. but cannot find what they have said on contract. i have told the estate agents why we want out with no luck, i'm now on anti depressants because of it my kids cant sleep properly and are so jumpy my partner who is disabled is depressed as well its getting to the point we dont want to come home and are so jumpy when we hear the slightist noise. and when we complain and they tell the tenant it gets worse. they are taking advantage of the situation. i just want out please help!!!!
please someone help weve been in our property from april 2011, we signed a 6months contract and was asked to sign a 12month contract in oct but i said no we wanted to signa 6month again only because i was due my baby at start of oct and coyuldnt deal with stress of moving on top of that with a toddle and a disabled partner on my own. since moving in the neighbours upstairs are constantly banging shouting and playing music witchwe have never complained about 2months ago i complained to landlord about the rubbish they never put out for bin men or take to the tip then we seen a rat outside there door. then all ove xmas from about the 20th weve had it constantly music blaring to the point the walls are viabrating my pics have fell of the walls i can not put my newborn to bed because of the noise and the music witch s not fair, i sent in a 2month notice we want out. they said i cant unless i pay the remainder of contract, can they do this? i have aassured tenacy agreement. but cannot find what they have said on contract. i have told the estate agents why we want out with no luck, i'm now on anti depressants because of it my kids cant sleep properly and are so jumpy my partner who is disabled is depressed as well its getting to the point we dont want to come home and are so jumpy when we hear the slightist noise. and when we complain and they tell the tenant it gets worse. they are taking advantage of the situation. i just want out please help!!!!
245
Jeremy2011-12-28 21:19:45
Hello Liz,
Gosh, what a brain dump! The only question you ask is about the termination of the contract. If you signed a new 6 month contract from October then you are oblidged to pay until March 2012. The two month notices apply two months away from the end of the tenancy or when you're on a Statutory Period Tenancy.
You can vacate to a new home if you can afford it, but you must pay your existing commitment.
I'm so sorry to hear about the noise. Selfish noisy neighbours are scum. No one in the property letting business is going to take up this battle for you. If you want your neighbour problem solved, you've got two courses of action:
1 - Conventional: Get in touch with the noise control dept of your council. It will take a while to get enough evidence but things will happen.
2 - Unconventional. Get some medical evidence as to how your newborn is suffering. Go to court for an injunction against your neighbours making noise on the basis of child torture. If they break the injunction, it's a matter the policy can take immediate action upon.
But you are the only one who can drive this to make this happen for your family.
Gosh, what a brain dump! The only question you ask is about the termination of the contract. If you signed a new 6 month contract from October then you are oblidged to pay until March 2012. The two month notices apply two months away from the end of the tenancy or when you're on a Statutory Period Tenancy.
You can vacate to a new home if you can afford it, but you must pay your existing commitment.
I'm so sorry to hear about the noise. Selfish noisy neighbours are scum. No one in the property letting business is going to take up this battle for you. If you want your neighbour problem solved, you've got two courses of action:
1 - Conventional: Get in touch with the noise control dept of your council. It will take a while to get enough evidence but things will happen.
2 - Unconventional. Get some medical evidence as to how your newborn is suffering. Go to court for an injunction against your neighbours making noise on the basis of child torture. If they break the injunction, it's a matter the policy can take immediate action upon.
But you are the only one who can drive this to make this happen for your family.
246
liz2011-12-28 21:29:19
thank u
was ment to ask under medical reasons can we end tenancy?
as it was not in contract that i have reread tonight bout paying the remainder of it if we move early just about 2months notice
was ment to ask under medical reasons can we end tenancy?
as it was not in contract that i have reread tonight bout paying the remainder of it if we move early just about 2months notice
247
Jeremy2011-12-29 20:41:41
Hi Liz: Are you refering to your husband's recent depression and anti-depressents medication you're on?
I think you are on less certain ground here. Your story reads to me like you had noisy neighbours during your first rental period. I think the landlord would be within his rights to say you knew the lay of the land when you renewed, even if the noise has only recently "tipped you over the edge".
It sounds like you're desperate but, unless you've got money to burn, can I please suggest that I think you're trying the wrong solution to terminate your tenancy early. It's not clear cut and you could easily get into legal wrangling which will eat up time and money.
I think you've got two options:
1 - Plan to leave. Start looking soon for an alternative property to move into during March. The joy of knowing you're leaving soon will make your troubles feel far less bad.
2 - Plan to stay. Go down the legal route to enforce noise abatement orders against your scummy neighbours.
I think you are on less certain ground here. Your story reads to me like you had noisy neighbours during your first rental period. I think the landlord would be within his rights to say you knew the lay of the land when you renewed, even if the noise has only recently "tipped you over the edge".
It sounds like you're desperate but, unless you've got money to burn, can I please suggest that I think you're trying the wrong solution to terminate your tenancy early. It's not clear cut and you could easily get into legal wrangling which will eat up time and money.
I think you've got two options:
1 - Plan to leave. Start looking soon for an alternative property to move into during March. The joy of knowing you're leaving soon will make your troubles feel far less bad.
2 - Plan to stay. Go down the legal route to enforce noise abatement orders against your scummy neighbours.
248
lostdaisy2012-01-10 21:49:32
Hi,
I have a shorthold tennency agreement, I received a letter in december providing one months notice for the end of the agreement (29th jan)
The letting agents came to do an inspection in december and have since provided the renewal contract.
Unforunately my circumstances have changed radically..redundancy and i'm worried that i will now be expected to pay another months rent as i have not given notice?
Or termenate as per the letter i received in december?
I have a shorthold tennency agreement, I received a letter in december providing one months notice for the end of the agreement (29th jan)
The letting agents came to do an inspection in december and have since provided the renewal contract.
Unforunately my circumstances have changed radically..redundancy and i'm worried that i will now be expected to pay another months rent as i have not given notice?
Or termenate as per the letter i received in december?
249
Jeremy2012-01-10 22:24:44
Hi lostdaisy,
Sorry I'm confused.
First up, notices to quit should not come in flavours of less than two months. This might not be a valid notice to quit.
If they've provided a contract and that's all, i.e. you've not signed it then you're not bound to it.
Too many "might's and if's" to offer you concrete advice. Would you please mind re-posting with a bit fuller story. Thanks,
Sorry I'm confused.
First up, notices to quit should not come in flavours of less than two months. This might not be a valid notice to quit.
If they've provided a contract and that's all, i.e. you've not signed it then you're not bound to it.
Too many "might's and if's" to offer you concrete advice. Would you please mind re-posting with a bit fuller story. Thanks,
250
Emilija2012-01-17 12:54:04
Hi, I would appreciate help regarding this following issue.i am 9 months pregnant and me and my husband are renting this flat through an agency. We've been living in this flat for about now 8 months and have 4 more months to go till the ending of the contract.
during this time, actually, 5 days after we moved in the flat, we saw mouse in the kitchen. We notified them, they sent some guy from an pest control agency and they have put poison in the kitchen but it was obvious that the kitchen has so many holes in the walls that its most likely the mouse came from there. This guy came couple of times and the last time he said they need to get a permition from the agency we are renting the flat through so they can check the other flats in the building as it might be a problem with mice between the flats , the walls. Now, it past about 2 months or so and the agency didn't do anything about it. And just last night we saw a mouse again in the living room.
This agency has been so awful towards us since we moved in the flat. The lied to us that there was an shower facility apart from bath when it turned up there wasn't and their comment was that it was out fault , that we assumed wrongly. There are other issues too, like the flat is suppose to be unfurnished and the landlady who owns the flat left a stinking sofa that takes up so much of our living space. We never asked for it and when we told them that we need the space as we are expecting a baby, they simply said well you asked for the sofa to stay in the begining.
I am loosing my patience with them. I am so mad at how they are treating us. When we call them in the agency, they don't even want to speak with us and hang the phone down when my husband called today.
Sorry for going on and on with this long comment, but we really need an advice from someone as to what should we do, and what our rights are. Can we stop the monthly standing order for payment of the rent?
thank you so much in advance
during this time, actually, 5 days after we moved in the flat, we saw mouse in the kitchen. We notified them, they sent some guy from an pest control agency and they have put poison in the kitchen but it was obvious that the kitchen has so many holes in the walls that its most likely the mouse came from there. This guy came couple of times and the last time he said they need to get a permition from the agency we are renting the flat through so they can check the other flats in the building as it might be a problem with mice between the flats , the walls. Now, it past about 2 months or so and the agency didn't do anything about it. And just last night we saw a mouse again in the living room.
This agency has been so awful towards us since we moved in the flat. The lied to us that there was an shower facility apart from bath when it turned up there wasn't and their comment was that it was out fault , that we assumed wrongly. There are other issues too, like the flat is suppose to be unfurnished and the landlady who owns the flat left a stinking sofa that takes up so much of our living space. We never asked for it and when we told them that we need the space as we are expecting a baby, they simply said well you asked for the sofa to stay in the begining.
I am loosing my patience with them. I am so mad at how they are treating us. When we call them in the agency, they don't even want to speak with us and hang the phone down when my husband called today.
Sorry for going on and on with this long comment, but we really need an advice from someone as to what should we do, and what our rights are. Can we stop the monthly standing order for payment of the rent?
thank you so much in advance
251
zara2012-01-27 21:39:01
i moved in to a house on the 10th of june wen i moved in i paid a bond and a month in advance its a ongoin contract i have given a months notice today 27 jan wen is my offical leaving date and do i have to pay another months rent on 10 feb thank you Zara
252
Alex2012-01-27 22:14:36
Have been renting a property for 2 years and a half. First we had a 6 months contract and then we've renewed 2 times for 12 months each time, so it ends this April.
A couple of weeks ago the LL came to tell us that he wants to sell the house. As we were in the latest stages of buying a house, we told him that we would like to end the contract earlier and he refused.
- He never gave us the receipt of the deposit
- In this 2 years and a half he had never arranged to get the gas installation annual check done
- He has arranged several viewings of the house, the first one letting me now with just 1 hour notice
My questions:
- Is the LL in a breach of contract for the gas check and the deposit ? Is the contract void because of this ?
- The contract says that I have to allow viewings "in the last weeks of the contract", how many weeks ? Can I refuse to let people in to see the house while I live in until the last 1 or 2 weeks of the contract?
Thanks
A couple of weeks ago the LL came to tell us that he wants to sell the house. As we were in the latest stages of buying a house, we told him that we would like to end the contract earlier and he refused.
- He never gave us the receipt of the deposit
- In this 2 years and a half he had never arranged to get the gas installation annual check done
- He has arranged several viewings of the house, the first one letting me now with just 1 hour notice
My questions:
- Is the LL in a breach of contract for the gas check and the deposit ? Is the contract void because of this ?
- The contract says that I have to allow viewings "in the last weeks of the contract", how many weeks ? Can I refuse to let people in to see the house while I live in until the last 1 or 2 weeks of the contract?
Thanks
253
Jeremy2012-02-01 22:18:37
Hello Alex,
No your landlord is not in breach of your tenancy contract, he's commited a breach of H&S regulations. Failure to arrange a gas inspection can carry a heavy fine, even if no harm has come.
In order to make the contract Voidable based on the state of the gas, you'd need to show it was in an unsafe condition; remediation was not possible and immediate vacation of the property was essential. Bearing in mind you're nearly at the end of your tenancy and you'd need to pay to get experts in to get these opinions, it's probably not worth your time and cost doing this.
However, you do have a major bargaining chip to make your landlord behave responsibly. The H&S would be interested to hear about not arranging safety inspections. They may turn a blind eye to a few days overdue, but not 2 1/2 years. He's only one phone call away from having his gonads put on a plate. If you're so minded: Make him understand his reasonable behaviour in the last few weeks of your tenancy determines if you decide to make that phone call or not.
As far as viewings are concerned, you're entitled to "quiet posession", which you'll find well defined in this blog. You are entitled to a minimum lead-in time, usually in the contract and often 24, 48 or 72 hours. Even if you get this lead in time and it's inconvenient, you can say no. You may be having a dinner party that night: Who wants prospective buyers trapsing round the house? And you're entitled to refuse any entry when you're not present. If you know this is happening, threaten to make the H&S call! Also "several" viewings per week sounds excessive. I'd suggest to him you'd allow one visit: All prospective purchasers need to take that slot or miss out.
But you can't use quiet posession to un-reasonably refuse any visits. If you can't make a certain date, always suggest a sensible alternative.
Lastly, if the deposit has not been correctly lodged your landlord may have difficulties with making deductions for damages.
Hope this helps.
No your landlord is not in breach of your tenancy contract, he's commited a breach of H&S regulations. Failure to arrange a gas inspection can carry a heavy fine, even if no harm has come.
In order to make the contract Voidable based on the state of the gas, you'd need to show it was in an unsafe condition; remediation was not possible and immediate vacation of the property was essential. Bearing in mind you're nearly at the end of your tenancy and you'd need to pay to get experts in to get these opinions, it's probably not worth your time and cost doing this.
However, you do have a major bargaining chip to make your landlord behave responsibly. The H&S would be interested to hear about not arranging safety inspections. They may turn a blind eye to a few days overdue, but not 2 1/2 years. He's only one phone call away from having his gonads put on a plate. If you're so minded: Make him understand his reasonable behaviour in the last few weeks of your tenancy determines if you decide to make that phone call or not.
As far as viewings are concerned, you're entitled to "quiet posession", which you'll find well defined in this blog. You are entitled to a minimum lead-in time, usually in the contract and often 24, 48 or 72 hours. Even if you get this lead in time and it's inconvenient, you can say no. You may be having a dinner party that night: Who wants prospective buyers trapsing round the house? And you're entitled to refuse any entry when you're not present. If you know this is happening, threaten to make the H&S call! Also "several" viewings per week sounds excessive. I'd suggest to him you'd allow one visit: All prospective purchasers need to take that slot or miss out.
But you can't use quiet posession to un-reasonably refuse any visits. If you can't make a certain date, always suggest a sensible alternative.
Lastly, if the deposit has not been correctly lodged your landlord may have difficulties with making deductions for damages.
Hope this helps.
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Jeremy2012-02-01 22:21:16
Hello Zara,
If you're in England or Wales, you should be offered a minimum of two months notice to quit under an assured tenancy agreement.
My feeling is that your one month's notice is not legal and if you don't feel like moving then you don't have to.
If you're in England or Wales, you should be offered a minimum of two months notice to quit under an assured tenancy agreement.
My feeling is that your one month's notice is not legal and if you don't feel like moving then you don't have to.
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Sarah2012-02-02 14:52:57
Hi
Looking for some advice. My partner and I signed up for our renewal on 30/11/11 for our 12 mth ast. Since we did so we have had nothing but problems, the back door no longer locks, the electrics in the kitchen light have broke ( we need the upstairs floor boards ripped up, to fix it), the gas fire in the living room has failed the gas safety check and is deemed unsafe, the gas cooker (landlords) is not up to current gas safety regs. We are getting damp in the bathroom even tho the windows is always open, the upstairs toilet has broken.
All problems have been reported but nothing done.
We also have no double glazing and it's freezing in here. But we obviously knew about that when we moved in. Also the back gates have fallen apart, so we really have no security at all at the back of the house, which really would void our insurance should something happen. ( touch wood)
Tuesday we got offered another house through a friend, it's been done to a high spec and is £35 a month cheaper. I rang the agents today to ask about ending the ta. They said we could give 1 months notice but would be liable for rent to the end of the ta. I asked about what if the ll agreed she said then we can pay £350 plus vat, landlord fees for finding a new tenant
Do they mean then as long as we pay that then the contract will be terminated and we are free to move or do we have to wait for them to find a new tenant, then we can move?
Looking for some advice. My partner and I signed up for our renewal on 30/11/11 for our 12 mth ast. Since we did so we have had nothing but problems, the back door no longer locks, the electrics in the kitchen light have broke ( we need the upstairs floor boards ripped up, to fix it), the gas fire in the living room has failed the gas safety check and is deemed unsafe, the gas cooker (landlords) is not up to current gas safety regs. We are getting damp in the bathroom even tho the windows is always open, the upstairs toilet has broken.
All problems have been reported but nothing done.
We also have no double glazing and it's freezing in here. But we obviously knew about that when we moved in. Also the back gates have fallen apart, so we really have no security at all at the back of the house, which really would void our insurance should something happen. ( touch wood)
Tuesday we got offered another house through a friend, it's been done to a high spec and is £35 a month cheaper. I rang the agents today to ask about ending the ta. They said we could give 1 months notice but would be liable for rent to the end of the ta. I asked about what if the ll agreed she said then we can pay £350 plus vat, landlord fees for finding a new tenant
Do they mean then as long as we pay that then the contract will be terminated and we are free to move or do we have to wait for them to find a new tenant, then we can move?
256
Jeremy2012-02-02 22:06:25
Sarah,
I don't mean this to be flippant, but. Ask the agent. I don't know what deal they are offering you and if you don't understand it then ask them to explain it to you until you do understand it.
Remember it's up to them to explain it in a way you understand, not you leanr their lingo.
Also: If the house is this bad, then I'd not pay one penny for terminating the contract early. I'd argue the contract is already voidable at your discretion by the landlord failing to maintain it in a condition it was advertised at and the premium price the rent has been set at.
I don't mean this to be flippant, but. Ask the agent. I don't know what deal they are offering you and if you don't understand it then ask them to explain it to you until you do understand it.
Remember it's up to them to explain it in a way you understand, not you leanr their lingo.
Also: If the house is this bad, then I'd not pay one penny for terminating the contract early. I'd argue the contract is already voidable at your discretion by the landlord failing to maintain it in a condition it was advertised at and the premium price the rent has been set at.
257
Alex2012-02-03 08:21:17
Hi Jeremy,
Many thanks for your reply. It helped a lot. I have one question though: About the deposit, you said the landlord may have problems making deductions for damages. Don't quite get that, as it seems he has all my money in his own account, so he can just keep it all and I'll be defenceless. What can I do about this ? (and I've already asked about this both verbally and in written, and he has ignored my requests)
Thanks,
Alex
Many thanks for your reply. It helped a lot. I have one question though: About the deposit, you said the landlord may have problems making deductions for damages. Don't quite get that, as it seems he has all my money in his own account, so he can just keep it all and I'll be defenceless. What can I do about this ? (and I've already asked about this both verbally and in written, and he has ignored my requests)
Thanks,
Alex
258
Jeremy2012-02-03 21:05:47
Hello Alex,
I'm glad I've been of assistance. The Landlord is legally obligated to lodge the rent money with a government approved scheme.
If he's not and you get into a dispute over any proposed deductions which nds up with an ombudsman or a court then it will transpire that the oney was never protected. Then the landlord will autmoatically lose any rights to retain the deposit and may be obliged to pay up to 3x the deposit money back to you.
It sounds draconian against the landlord, but when the legislation was drafted there was a problem with too many rogue landlords speding the deposit on a holiday / car / whatever and not returning it to the tenant.
Also, the landlord's Section 21 notice will be unenforcable shold you decide not to move out. And if you fancied you could play merry hell with your rather rubbish landlord. Imagine this:
- It's the day you're due to move out;
- You refuse;
- Landlord says "move out or I'll go to court"
- You still refuse
- He goes to court. Court says OK, this is procedural, lets check some details. Oh, you've not protected the deposit. The Section 21 notice is invalid.
- Landlord says "what does that mean"
- Court says. Protect the deposit, put in a new Section 21 notice and tru again.
- Lardlord says. But I;ve exchanged contracts. And a new section 21 means another two months wait. I'll be unable to complete. I'll have to pay damages to the buyer.
- Court says. Not our problem. Next case, please.
Look at the blog on Section 21 for a less frivilous story about Sectoin 21 notices. I'm not suggesting you do this - it would not be the action of a nice person, but just realise that your story suggests you hold all the aces in this situation. Use them to get a fiar result for you.
I'm glad I've been of assistance. The Landlord is legally obligated to lodge the rent money with a government approved scheme.
If he's not and you get into a dispute over any proposed deductions which nds up with an ombudsman or a court then it will transpire that the oney was never protected. Then the landlord will autmoatically lose any rights to retain the deposit and may be obliged to pay up to 3x the deposit money back to you.
It sounds draconian against the landlord, but when the legislation was drafted there was a problem with too many rogue landlords speding the deposit on a holiday / car / whatever and not returning it to the tenant.
Also, the landlord's Section 21 notice will be unenforcable shold you decide not to move out. And if you fancied you could play merry hell with your rather rubbish landlord. Imagine this:
- It's the day you're due to move out;
- You refuse;
- Landlord says "move out or I'll go to court"
- You still refuse
- He goes to court. Court says OK, this is procedural, lets check some details. Oh, you've not protected the deposit. The Section 21 notice is invalid.
- Landlord says "what does that mean"
- Court says. Protect the deposit, put in a new Section 21 notice and tru again.
- Lardlord says. But I;ve exchanged contracts. And a new section 21 means another two months wait. I'll be unable to complete. I'll have to pay damages to the buyer.
- Court says. Not our problem. Next case, please.
Look at the blog on Section 21 for a less frivilous story about Sectoin 21 notices. I'm not suggesting you do this - it would not be the action of a nice person, but just realise that your story suggests you hold all the aces in this situation. Use them to get a fiar result for you.
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