Expired tenancy agreement and repairs

[ony]

My partner and I originally entered rental accomodation on 27th October 2003. Our tenancy ran to 26th October 2004 but since that time we have never renewed the contract and have maintained payments without problem

We, unknowingly accepted a rent increase on 27th September 2006 by default despite there not being any legal stipulation in our original contract 2003.

We need some repairs done and it is only until I threaten non payment of rent do I get work done. Reading this for overI can understand why?

What's done is done and there is no point bleating about it:

what can we do now to a) force repairs and b) cement our legal position despite not having a formal contract for some time?

Thx

[MrShed]

The only way to force repairs really is to deduct from rent, following which I would expect you to be evicted anyway, realistically. What are the repairs in question?

[ony]

Originally Posted by MrShed

The only way to force repairs really is to deduct from rent, following which I would expect yo to be evicted anyway, realistically. What are the repairs in question?

The only way I got them last time to do any work was to threaten to withhold rent. They completed everything but the washing machine is out. They said they would replace it the 28th April. They havent and now the dishwasher is out too.

We have had no tenancy agreement for 3 years does or doesnt that help legally?

[MrShed]

Well it just means that they can evict you pretty easily(and on the flip side you can leave quite quickly should you so wish).

[ap088]

Originally Posted by ony

The only way I got them last time to do any work was to threaten to withhold rent. They completed everything but the washing machine is out. They said they would replace it the 28th April. They havent and now the dishwasher is out too.

We have had no tenancy agreement for 3 years does or doesnt that help legally?

Firstly, where do you live as the law differs slightly for England/Wales and Scotland.

Here in Scotland as long as the Landlord is accepting rent payments from you it means that the tenancy agreement runs for six months following the date that the last rent payment was accepted. (I learned this from the CAB and Shelter when I was having problems with my Landlord trying to evict me without giving proper notice etc).

If I where you, get in touch with your local CAB to get things sorted out amicably between you and your Landlord and avoid the potential for being chucked out on the streets.

HTH

[MrShed]

Not neccessarily ap - any landlord with any sense will put a clause in saying it renews on a monthly basis in the tenancy agreement.

[Pacm0n]

If in England the Tenancy Agreement has fell into "Statutory Periodic".

This basically means the tenancy is running month by month until either you or the landlord gives notice. This notice must run in accordance with the original Tenancy start date. (E.g if you started your tenancy on the 12th of a month you must serve notice before the 12th for it to expire on the 11th of the following month and its the same for the landlord except he has to give 2 months notice)

With regards to the repairs i would send a letter to the agents/landlord saying you will withhold rent unless the repairs are carried out promptly.

[ony]

Originally Posted by MrShed

any landlord with any sense will put a clause in saying it renews on a monthly basis in the tenancy agreement.

No such clause exists!!

Originally Posted by Pacm0n

If in England the Tenancy Agreement has fell into "Statutory Periodic".

This basically means the tenancy is running month by month until either you or the landlord gives notice. This notice must run in accordance with the original Tenancy start date. (E.g if you started your tenancy on the 12th of a month you must serve notice before the 12th for it to expire on the 11th of the following month and its the same for the landlord except he has to give 2 months notice)

With regards to the repairs i would send a letter to the agents/landlord saying you will withhold rent unless the repairs are carried out promptly.

On the flip side if we chose to leave if we were to not pay for the lat month and leave the deposit held by the landlord (1 1/2 months rent) would we be a) breaking the law and b) be liable to the landlord given he has not met his obligations under the tenancy agreement of maintaing the flat?

Thx

[rajeshk4u]

You should not withhold rent, as it gives ground for the landlord not to carry out repairs.

I don't know if this is the right legal advice. But if your really want to stay in the place you are in. I would write to the landlord stating that if the repairs are not carried out within 21 days (or less for say urgent matters) you will do the repairs yourself and deduct from the rent. Send this recorded delivery. Obtain two estimates. Carry out repairs and deduct from the rent.

But if a landlord was acting this way with me, I would just say to the landlord that I am moving out (and state why you want to move out)! no need for agrevation!

You only need to give one months notice.

[rajeshk4u]

Also, if you get a new contract, if would mean the landlord would have to put the deposit money in to a Tenancy Deposit Scheme. So better for your, but some landlords pass on the costs for putting into the Tenancy Deposit Scheme....