Thank you for the quick reply. I believe that is how the rent will be paid. What then would happen in the case of a dispute? Would it be straight to the courts and small claims? carti946

Hi everyone, I have a somewhat confusing situation. We have agreed vocally to rent a house, and the landlord says that they don't want a deposit because they would then be obliged to place it into a deposit scheme (don't ask, see below). Instead they have requested that we pay our rent two months in advanced. Let's just say that this is the case (conceptually, I am having problems with this), if we then have a dispute about supposed damage, how do they pursue us for their claims? It's confusing to me because after 14 years of renting, I have never been in a house without a deposit, it seems to me, with the protection scheme in place, that deposits are the best form of protection for both parties. The LL claims that they don't want to pay any more fees after having to pay for house and tenancy insurances (they were unaware of the DPS), and that the interest earned on the deposits is immoral. I am worried that I am leaving myself vulnerable here, and that they might see the 'second month of rent' as a de facto deposit, then demand that we haven't paid up at the end of tenancy. Any help is greatly appreciated. carti946

of course, right. Thanks for the help

And that's it then, there is not legal position for the LL to come after me for the difference in rent between his termination notice and my termination notice? Thanks for the quick reply. Carti

Hi Caggers/Cagsters etc I have peculiar situation at present. Our landlord has given us a three month notice period to vacate our house, which is fine except that we have found a house we would like to move into in two months. Our notice period in our orginal AST is two months, but we have passed into the periodic agreement stage and we pay our rent monthly. My question then is, can we give our one months (one rent cycle) notice and legally move out with the presence of this first notice from the LL? Any help is greatly appreciated. carti

6 months

Hi everyone, We've got a wasp nest in our bay window brick wall. We are renting the house with an AST and were wondering if it is our responsibilty to do it or the LL? Any help is greatly appreciated -carti946

Contents insurances: The house was furnished, so I do need to take out a contents insurance policy which covers everything including all the furnishings that belong to the landlord? -carti946

Hi Caggers, Is it the responsibility of the tenant to insure the building or the landlords? Should I as a tenant just insure the contents? Any help is greatly appreciated. carti946

Yes, it was a joint AST with a 2 month fixed term. -carti946

Hi MrShed The other two tenants wish to stay, so I am waiting until the 20th to terminate the ensuing periodic lease (if I have interpreted one of your old posts properly)? -Tim

Hi, I am wondering how to write (and deliver) a proper tenancy termination notice (I think they are also called tenancy surrender notices). It is for a joint fixed term AST that will become periodic this Saturday. We will still be in the house on Saturday, so I think we must give one rent period of notice (1 month). I think I have read some threads on this in the past, but I can't find them now. Can anyone point me in the right direction? Thanks carti946

Hmm, well it seems then that as much as a I feel the fee is not fair, if they don't agree then they will just take the cash from the deposit. I am certain they won't agree as their livelihood depends upon them getting fees.... Is this being too cynical? carti946

Hi Steve_M Thanks for the info, and yes our deposit is in a protection scheme. A couple of questions though: You say 'I shouldn't have to pay any fees I haven't contractually agreed to'. Do you say that because they haven't attached the fees schedule to the tenancy? They are going to counter by saying I signed a contract with the above clause in it... is the point I should be pushing the absence of a list of fees? Also, because the payment of the fees is in the contract.. then does this mean that they can legitimately take money from the deposit for the fees? Cheers carti946

Hi eveyone, I am going to terminate a joint (with two other people) shorthold tenancy which has gone periodic after the fixed term. The other two tenants want to stay in the flat and are currently searching for another tenant. I have contacted the LL and he is happy for them to do this (we get on well with the LL.) I will inform the LA in the letter of termination that the LL has been informed of what the other tenants want to do. The LA charges a £250 termination fee (they call it a cleaning fee). I can understand 'checking out' fees that require the inventory to be checked, but the LA has NEVER done an inventory, nor a walk through with us or even checked the state of the flat. Also, as far as a cleaning fee, I understand that if the flat requires cleaning then the money is taken from the deposit (our deposit is held in a TDS), but because our flat is kept very clean and that there will be continuous residence I can't see how the LA can try and charge us this fee. Also, our tenancy contains a clause that says we agree to pay the agency fees associated with the tenancy that are described on a schedule annexed to the tenancy and that the agent will remove outstanding fees from the deposit. There is no 'fees schedule' appended or attached to the tenancy, and everytime I go see the agent the fee has gone up (from £80 to £230 in 8 months for the termination fee). To me, this removes the transparency of the agreement, and constitutes an unfair fee and therefore and unfair term rendering the contract null and void. I am going to write a letter to contest this fee on these points. Do I have a case? Also can the LA deduct money from the deposit for their own fees, I thought the deposit was between the LL and the tenants? Any help is greatly appreciated. carti946

Hi Thanks for the response. Yeah, I know that is true. I guess the rest is moot. -carti946

Hi, I am nearing the end of a joint shorthold tenancy agreement (the lease goes periodic on the 20th of December). I am going to move out but my two flatmates would like to stay. The agency we are with offers a 'name change' service on their price list at 1/3rd of the price of the tenancy termination fee. I realise that the cleanest route for me would be to give notice on the 20th of December and terminate the tenancy on the 20th of Jan, but I hesitate for two reasons, the cost, and how difficult the agency are to deal with (keeping in mind that the other two tenants are friends of mine). Also, we were given a strange 2 month tenancy (you can see my older thread about that) to 'allow' a new tenant into the flat, and 'allow' me to leave in December. So my questions are, is it possible to actually do a name change on a short-hold tenancy that has gone periodic (ie, how do you do a name change with an agreement that has ended)? and am I leaving myself vulnerable to any repercussions downstream if I just do a name change (I assume this is what is called an assignment?) and lastly, what would happen if the new tenant of two months demanded his right to stay for 6 months, would that keep me locked into paying rent? or does that strictly relate to evictions? Any help is greatly appreciated carti946

It just gets worse or maybe better, I don't know.. it just sounds dodgy. The landlord just rung me saying that I must have my wires crossed or something because he had instructed the LA to draw up an agreement for just the incoming tenant only, which was to be a 2 month fixed term. However, they categorically told us on Saturday morning that it was a new 2 month lease for everyone. This is all the info I have at this time. I would guess that this would be an addendum to the current tenancy? Is this possible? Is the LA allowed to say one thing to the LL and do another thing to the tenants? I will keep you all informed tomorrow when we receive the document. -carti946:confused:

Oh really, whoa, ok. So what is the 'street' version of the assignment, where can information on this be found (apart from dragging it slowly from you). Ahh, I have just gone over the AST again, and I feel pretty stupid that I did't see it the first time, a clause on assignation. I have quoted it and the subletting clause below, it is probably standard stuff. They both start with 'not to sublet/assign', but I was under the impression that to preclude both was an unfair term, which I got from this: http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf Any thoughts? 'Not to assign the tenancy of the premises or any part of it without the landlord's prior consent, which will not be unreasonably withheld. The tenant will be liable for the reasonable fees and expenses incurred by the landlord in arranging any assignment granted' Ok, the clause just above it on subletting: Not to sublet, take in lodgers or paying guests without the landlord or his agent's prior consent. The landlord or his agent reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously given

So as far as I can tell, this 2 month tenancy is a lose-lose for all parties involved. I can terminate by January the 20th. 20 days later than ideal. The other tenants won't have their 6 months. The landlord won't get 6th months of rent. However, the LA will gain more fees, so I guess they will be happy. How could this come about? I am left wondering what was so wrong with the assignations? I will head to the LA tomorrow and ask. -carti946

Could the remaining tenants not kick up a fuss about their right to remain for 6 months?

ok, i see a grey area here. I am hoping it is black and white. As joint tenants in the fixed term, we are considered one tenant and as such must act as one, but once the lease goes periodic, after the two fixed months can I then serve a notice of termination as an individual? Do the two remaining tenants not have the right to remain for 4 more months? FYI... this lease is costing £145 all inclusive, normally the agency would charge £85 per person, plus the fees for the termination (at £230) of the old tenancy. This is some kind of deal the agency and the landlord cut as originally we were quoted £120 for the assignation (see first post about the meeting with the landlord)

could the landlord hold me to a 6 month period as well.

The agent is charging £145. Oh dear, so if my joint tenants want to hold me to a 6 month period then they can? The letting agents would be aware of this too, you'd assume? So by signing I am trapping myself in there. So assignation is the only way to go. I don't know how I can convince the agent they are being unreasonable w.r.t. assignations. Dealing with them fills me dread. The other thing is I am worried about my reference, because I am new to this country and this is my first let (hence the greenness), so I need this reference for future tenancies. -carti946

Yes, he has included the incoming tenant, and excluded the outgoing tenant. So it should be three names for a 3-br place, I hope. -carti946