Assured shorthold residential tennancy

[JOSH_IOU]

Hi.

I have received a serious of text messages from my landlord asking me to leave within 72 hours.

I phoned citizens advice and they advised me that the landlord can not do that.

The contract is a Residential Assured Shorthold contract for six months. This contract came to an end two months ago. I have been told by citizens advice if no notification has been received by the landlord that he wishes me to leave that under common law the tenancy renews itself. Well no notice has been received.

Just to add another twist to my situation the landlord has not given me any payment details to forward rent to.

Dose this mean i don't have to pay any bag rent? can in class this a a rent free period?

The landlord had the first six months payment upfront and it was payed directly to the housing association dealing with the application.

The housing association acted as an agent in settling the contract only.

Can you help?

[Aequitas]

Originally Posted by JOSH_IOU

I phoned citizens advice and they advised me that the landlord can not do that.

Correct.

Originally Posted by JOSH_IOU

Dose this mean i don't have to pay any bag rent? can in class this a a rent free period?

No and no.

[JOSH_IOU]

Thanks for the response.

What do you mean no and no? why and why?

[barracad]

What do you mean why and why? Your contract will state how much the rent is, unless it says your rent is free then of course you have to pay the rent.

[JOSH_IOU]

The contract dose not include payment details and the landlord has not sent them to me. The contract states all communications must be by Recorded Delivery.

[barracad]

You don't have an address for the landlord?

In any event, why would you think that the rent would be free of charge?

[JOSH_IOU]

I don't understand your question.

[demon_x_slash]

No rent is payable unless you have a UK address, or a UK c/o address, for your landlord; however, upon receiving this address, you would have to backpay all rent owing. There is no such thing as a 'free rent period' unless you are making accountable deductions for ongoing repair issues.

If the initial term of your tenancy has expired, then the landlord must give you one rental period's worth of notice, delivered in the specific format of a Section 21. He cannot just say that he wants you out, or change the locks, or remove any of your property, unless there has been a lawful eviction.

If your landlord is texting you, why can you not text them back, asking for details enabling you to pay your rent? I think that there may be more to your story than there seems - if there are any more details you can give that explain your strange situation, then it would be helpful to provide them.

[JOSH_IOU]

I did text him back he told me the tenancy had come to an end. He said there was no contract in place and he wanted me out.

I have already asked how he wants the money payed. And I do not have a cheque book on my account.

Isnt it the Landlords Duty to Collect the rent if I have not payed it?

[demon_x_slash]

It is evident that he believes that the tenancy has expired. My advice to you would be to put the rent aside in an account, a savings account, for example, so that if eviction proceedings commence, you can show the relevant parties that you have made provision for paying the rent even if the landlord was unwilling to collect. Eviction proceedings for rent arrears are generally faster than the issuing of normal notice, so if you want to stay as long as possible in the property, my above advice would demonstrate that you are not a non-payer, but have genuinely been unable to do so.

[JOSH_IOU]

Thanks Demon

Ive lossed so much sleep over this.
The doc even put me on antidepressants. Mainly because ive a bad back and this is making the pain feel worse. So forgive me if i sound shall we say off at times.

Its not directed at any one on here.

I was lead to believe by the letting agent that the landlord only needed my phone and mobile numbers for emergency's.

This sort of thing should be dealt with in writing by recorded delivery at the most. After all i payed 6 months rent upfront to the landlord.

He new i was in a financial mess when i entered the agreement. I had also fell out with my mam and dad. This was mainly because he is disabled war pensioner and is hopeless in confrontations and normally uses a hand instead of another means to sort out a situation.

Any way I had to get out which is why I am here now. My gran left me some money in her will so i thought id get a place of my own when things got to bad.

I would like to go down a legal route with my landlord which was the reason for the post.

Any way thanks for the time in replying.

[demon_x_slash]

I would, in your place, be looking for another property anyway. A landlord who behaves as yours seems to do is not worth the hassle.

[JOSH_IOU]

I am demon.

Do landlords have to have a credit license?
I was asking because i thought if you collected debt you needed an credit license.

[JOSH_IOU]

I am a bit confused Ive received a section 8 notice this morning.
It looks like the notice has been hand delivered.

Can any one help?

I thought i had to be served with a section 21 notice lol.

[JOSH_IOU]

I have sent this to the Landlord
========================= ============

I am writing in relation to the quantity and frequency of telephone calls that I have received from yourselves, which I deem to be personally harassing.
I have requested that these stop by text as a response to your threats by text, but I am still receiving calls and text messages.
I now require all further correspondence from yourself to be made in writing only. Which should have been done from the start.
I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.
Be advised that any further telephone calls from yourself will be recorded.