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Private Landlord Contract Disputes


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Background

The landlord initially let a flat to myself via a letting agent "not managed" in 2013 and they used one of their standard 20 page contracts on a fixed term of 12 months.

 

We have recently moved out and now the Landlord is being a pain.

 

Question

Every year since the first contract on the expiry of each he choose due to cost to use a Staples type contract which is just 1 A4 Page, simply setting out the details etc. no T&Cs attached such as "you cant do this, You must do this etc"

 

My guess is no as the first contract has a expiry date to this but can the terms of the first contract be used for the renewals even if a copy of the terms is not attached to the new contracts (Renewals)

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Thread moved to the appropriate forum....please continue to post to your thread here.

 

Regards

 

Andy

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Background

The landlord initially let a flat to myself via a letting agent "not managed" in 2013 and they used one of their standard 20 page contracts on a fixed term of 12 months.

 

We have recently moved out and now the Landlord is being a pain.

 

Question

Every year since the first contract on the expiry of each he choose due to cost to use a Staples type contract which is just 1 A4 Page, simply setting out the details etc. no T&Cs attached such as "you cant do this, You must do this etc"

 

My guess is no as the first contract has a expiry date to this but can the terms of the first contract be used for the renewals even if a copy of the terms is not attached to the new contracts (Renewals)

 

If the Staples thing is a new contract it overrides the old. i.e. it would need to state it was a tenancy agreement, the amount of rent and so forth.

 

Do you have a deposit and if so where is your deposit kept? For the scheme I use (DPS), the landlord has to reference to the relevant terms in the contract when protecting the deposit. i.e. he formally tells the tenant that clause 5.2 (or whatever) applies when discussing return of the deposit, and clause 5.2 will say the deposit can be withheld for rent arrears and damage.

 

It is possible that these particular terms could still apply.

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It will be assumed that the other terms remain the same so if the original one said no subletting, no pets ect the shortened new one will have the same implied terms, just a new start date, rent agreed etc. If you have agreed with the LL that you can have a pet in the maenwhile this doesnt need to be stipulated in the new agreement but obviously, should that become an issue the lack of a written clause will cause both sides problems.

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