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Found 8 results

  1. I signed a 12 month Fixed Term tenancy in April 2015, no deposit was taken by the landlord. Since then I have had no further tenancy agreement so have been on a Periodic tenancy. The landlord has now requested a deposit but offered no new Fixed Term contract (not that I want one). Can he request a deposit during a Periodic tenancy or would it have to be as part of a new Fixed Term ?
  2. Dear all A current AST comes to an end on a property on the 17th August. When my agent enquired whether the tenants would like to renew, they told him they were splitting up. On this basis my agent advised issuing a S21 as he was concerned about affordability. The tenants are an unmarried couple with three children. One of the current tenants (male) is now starting treatment for a serious condition and now the partner of the sick tenant has texted me offering me 6 months rent upfront to stay when the AST ends as she says that they are working on getting back together and don't want the stress of moving. There is a guarantor already in place for this AST plus 6 months deposit. I am tempted to accept this as it will avoid a void period. Is there anything to be concerned about? I know Johnson V Old has ended concerns about registering rent upfront as a deposit. If I accept this, should a new 6 month agreement be put in place (as my agent suggested)? Or should I let it go on to a monthly rolling tenancy? What about the notice period and serving a S21 when the 6 months draws to an end? The female tenant apparently told my agent 3 weeks ago when we sent the S21 that she would stay on regardless (seems to have backed down on this though) - so I am slightly worried about her volatility. It would have meant I would have had to get a possession order. My agent's renewal charge is 4 %. Would you expect that a 6 month renewal means that I would pay 4 % on the 6 months rent? Sorry if this post is confusing. I guess I am asking if anybody thinks it might be a bad idea to let them stay on after the threat of staying after the AST expires. Obviously they still might if the council advises them to stay and the 6 months upfront would mean this potential disaster is abated but what are the issues after the 6 months elapse? Thanks in advance for any advice
  3. Landlord issued a section 21 today with two month's notice stating I must be out by 20th of April. I always thought two full calendar months were required for notice? Meaning I don't leave until 30th April? The original AST was from the 1st of the month. Also the deposit hasn't been protected so technically the section 21 is void...?
  4. Am I right in understanding that they would need to serve a notice to quit, and once expired they can seek an eviction order? Or is there something I'm missing? Thanks in advance
  5. Hi all, Hopefully someone will be able to help with our situation - I seem to be getting so much conflicting advice! Sorry this may turn out to be a long one... I currently live with my husband in a rented house. Our fixed term AST came to an end on 1st August, and as happens every year, the lettings agent pushed for us to renew the tenancy. As we are in the process of buying a house, we requested to move on to a periodic tenancy so we are not tied to a fixed term. After a bit of to-ing and fro-ing the LL agreed to this. All well and good, we thought - however, the agent still demanded a 'renewal' fee for us to move to a periodic tenancy under the same terms as our AST. This we reluctantly paid, which I now realise may have been a mistake. When we have rented before, after the fixed term came to an end, the contract automatically became Statutory Periodic, with us needing to give one rental period notice to leave. We assumed this would be the case with our current tenancy but, now that we are nearing exchange on the house we are buying, the letting agent now says we have to give 2 months notice, as per the terms of our AST. I gather from what I have read that if challenged they will argue that by agreeing to the 'renewal' of our tenancy, and paying the fee, that we have now entered into a Contractual Periodic Tenancy. We were hoping to exchange and complete on our house purchase in September, but if we are held to this 2 month notice period then the earliest we can leave this house is 1st November, meaning a very long crossover period which we would find very difficult to finance. So my question is, have we actually entered into a Contractual Periodic Tenancy? We have not signed anything to say we agreed to the terms the agent set out, nor have we had a new contract. It is just the fact that we paid the agent's fee that is niggling at me, otherwise I believe we have a strong argument for saying we now have a Statutory Periodic Tenancy, in which case we are able to give one month's notice, not two. If in fact we are in a contractual agreement, this is the clause in the original AST to which the agent are trying to hold us: 'Tenant's Break Clause: The Landlord agrees that the Tenant has the right to terminate the Tenancy after the first Twelve Months by giving the Landlord not less than Two Months notice in writing to be sent by first class post or hand delivery to the address specified in the clause 1.1 of this Agreement, to end the Agreement. To avoid any doubt between the parties it is agreed that the notice period cannot commence any earlier than the rent due date of month Ten and cannot expire any earlier than the last day of month Twelve. Such notice must expire at the end of a relevant period, being the day before the Rent normally falls due. Upon expiry of this notice this Agreement shall cease except that either the Tenant or the Landlord can pursue their legal remedies against the other for any breach of any rights and obligations under the Agreement apart from the right to a fixed term contract which is subject to this break clause.' Can this clause still apply now the fixed term has ended, given that we have not signed a new agreement? I have been referred to Section 5 of the Housing Act 1988, in particular clause 3e - but I'm not sure it applies in our situation: 3. The periodic tenancy referred to in subsection (2) above is one— (e)under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy. Or, do we now not have a legal leg to stand on after paying the agent's fee? Do we just need to suck it up and either delay completion on the house or pay the agent's Early Release Fee of £558 (no I didn't miss a decimal point!) for them to remarket the property early? Any advice on the above would be very gratefully received from someone with a bit of legal know-how, or has come across this situation before. Sorry for the essay - well done if you're still reading! Many thanks in advance.
  6. Hello, It seems all my problems are coming at once. I'm coming to the end of my 12 month letting agreement with Countrywide. I don't want to move as I love the house and the area. However, Countrywide want a £125 fee to extend for another 12 months as well as putting the rent up, which is exactly what I do not need right now! I heard that I don't have to sign an extention and could just let it continue into a periodic tenancy. I contacted the landlord directly and he said that he's fine with it rolling over into a periodic agreement and, in fact, he gave instructions to Countrywide when he first signed with them that this was exactly what he wanted to happen. He also knows nothing of a rent increase, despite the letter saying "We are please to inform you that your landlord..." I called Countrywide after I spoke with my landlord and said that I did wish to stay but on a periodic tenancy. The person on the phone got immediately on the offensive and quite agressive saying that it wasn't possible to go onto a periodic tenancy unless the landlord authorised it. I explained that he was fine with it and they said that they'd contact him and get back to me. My landlord confirmed it with Countrywide and now Countrywide are saying it's a £90 fee to renew on a periodic tenancy! Surely this is incorrect as I'm not signing anything and they don't have to print anything, it's just the same agreement. Can Countrywide charge me this or not?
  7. Hi, I apologise in advance as i'm sure this question has been asked before, I really need to make sure my thinking is correct before challenging my landlady (again). I've been in my flat for around 22 months now and began with a fixed term AST for 1 year with monthly payments. The only Termination time was at the 6 months "Break point" and included a 2 month notice period. At the end of the year the landlady and i agreed to allow the contract to roll on a monthly basis (for the past 10 months). On the 12th June I gave written notice saying I'll be out of the flat within one month (also aligned to the date of rental payment). She replied saying that i had to serve two months notice as in line with the original AST. I checked the contract and according to that it states: "16.2 If the Tenant stays in the property after the Tenancy has expired then a statutory periodic tenancy will arise on a monthly basis". Having done some reading around my understanding is that the tenant only has to provide one months notice whilst the landlady is required to provide two months notice in the case of defaulting to a a statutory periodic tenancy. Is this right? I'm hoping to go back to the landlady and say. Here's my contract saying i am on a statutory periodic tenancy, i have no obligation then to serve more than one month of notice following my last rental payment. I have quite a big rental deposit that i could do with so don't want to become embroiled in a war over it! Many thanks in advance.
  8. Hi My daughter has been renting a property for just over 6 months. She has now chosen to go to another town. The original tenancy contract was a 6 month contract which expired on the 18th November 2012. After asking the landlord how much notice she had to give, the reply was one month, as although nothing was stated in the original contract, I have been lead to believe that this then automatically goes on to a Standard 'statutory periodic tenancy' The issue that has now come up, is that my daughter has now found another property,and therefore gave the landlord one month's notice, as of the 23rd November 2012. She has paid her deposit on the new house, and her contract starts on her new house on the 14th of December 2012 (to give her a week to move in). The landlord has now come back and said, that the one months notice has to be as from the 18th December 2012, as the 18th of the month is when the old tenancy contract began, which results in her actually giving her 8 weeks notice. Where do we stand? Do we have to do as the landlord is stating? Hopefully not, as my daughter has not got the extra month's rent, and we all know who will be paying it ( I love you Mummy & Daddy ). If this is the case, and we do end up having both properties for one month, how do we then stand in that the 'old' house will more than likely be left empty during this period. Thanks in anticipation of your response:???: Regards Jon Sandalls
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