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  1. Myself and a friend entered into an AST in 2008 with a private landlord where I was the lead tenant. Our deposit was placed with the DPS. Although we had a good relationship with the landlord throughout the tenancy, when we gave notice to quit in 2011 he seemed to take the matter personally and started being very standoffish with us. On our moving out date, the landlord did not attend the property. When we called his phone to find out where he was, it rang with a foreign dial tone and the call was rejected, so he wasn't even in the country and decided to ignore us. We ended up posting the keys back through his letter box and were never properly checked out. Since the landlord had essentially absconded we did a stat dec and sent it off to the DPS to get our deposit back and assumed it would follow. A couple of days before we would have had it, the landlord opposed the stat dec and would not consent to ADR. This left it in limbo and our only remedy was to take court action. We mulled it over at the time and in the end made the stupid decision not to pursue him and put it down to experience. Eventually we got over the matter and I'd not given it any thought for several years. Until today when I moved into a new property which also used DPS and when I checked my account I found two tenancies were shown, and was amazed to find our old deposit from 2008 is still there, now with the status 'suspended pending review'. What is the legal position on this deposit now? Neither us nor the landlord can take civil action against each other as more than 6 years has gone by, but the money is still held with the DPS, and it is our money. Any chance of getting this back after all these years? And if not, what will eventually happen to it?
  2. Hello, Can property owners create a tenancy agreement themselves, without any qualifications, experience or license or registration to any bodies?
  3. Not sure if this is the correct board to put this, sorry if not. I had a tenancy with a large Housing Association which ended 2 years ago and I left owing over £1K of arrears. The last 2 years I haven't heard anything from them (they knew my contact details so not sure why) and as such I just buried my head in the sand until now. They have passed my arrears to a bailiff company called Regional Collection Services based in Sunderland, who have added £390+VAT in costs to the arrears. I've contacted the Housing Association by email asking to set up a payment plan directly with them to clear the balance but they have said I need to contact RCS to set up a payment plan with them instead. Can they force me to contract with RCS? If I pay payments directly to the Housing Association do they have to accept them? I really don't want to deal with RCS nor do I want to pay them the extra £390+VAT either. RCS have sent me a letter but they haven't turned up on my doorstep yet but I expect they will soon. If I had the money available I would just pay it all off in one go directly to the Housing Association. Thanks for any help or guidance.
  4. Hello all, I'm in the process of renting a flat through an established letting agent and they are taking a long time to send the tenancy agreement. I have signed a contact with the agency and made the initial payment for the first months rent 15 days ago, and should be moving in soon. Whats the course of action to take to ensure i get something in writing asap, as txt messages and phone calls do not work, it's always "will be with you soon".
  5. I am a landlord, I did think this might go into the lettings forum, however I think it could be a general legal issue relating to contracts. We have a joint and several tenancy agreement for tenancy due to start next month, students. (Downloaded from National Landlords Association so hopefully current. Note my LL NLA membership has lapsed but they do keep giving me free access to the document library as an ex member) One tenant wants to exit the agreement and has been very helpful in finding a replacement T. The other T's are happy with the new T so wish to employ a "deed of transfer" document, which I have used a few times before and have the latest version also from the NLA. My problem is that all the T's are scattered across the globe, until after the tenancy starts - Europe, Asia, Uk and Canada. In my work capacity in the past (EU funded research projects) I have been involved with collating signatures to contracts by sending the whole contract and asking the co signatories to sign their own copy and return, on the EU advice that this was fine and we just collated the signature pages of each contract to make a master document. I can easily get three of the 6 T's in the UK to sign the same document, but is it OK to get the others in Europe Asia and Canada to print out and sign effectively a separate identical document and scan and email back to me as per the EU research projects example above? I could wait but I am a bit anxious about the tenancy starting without this being fixed. Also the T's, new, existing and old want to get it fixed too as finding someone later on (ie a month after clearing) is more difficult.
  6. I am a landlord, I did think this might go into the lettings forum, however I think it could be a general legal issue relating to contracts. We have a joint and several tenancy agreement for tenancy due to start next month, students. (Downloaded from National Landlords Association so hopefully current. Note my LL NLA membership has lapsed but they do keep giving me free access to the document library as an ex member) One tenant wants to exit the agreement and has been very helpful in finding a replacement T. The other T's are happy with the new T so wish to employ a "deed of transfer" document, which I have used a few times before and have the latest version also from the NLA. My problem is that all the T's are scattered across the globe, until after the tenancy starts - Europe, Asia, Uk and Canada. In my work capacity in the past (EU funded research projects) I have been involved with collating signatures to contracts by sending the whole contract and asking the co signatories to sign their own copy and return, on the EU advice that this was fine and we just collated the signature pages of each contract to make a master document. I can easily get three of the 6 T's in the UK to sign the same document, but is it OK to get the others in Europe Asia and Canada to print out and sign effectively a separate identical document and scan and email back to me as per the EU research projects example above? I could wait but I am a bit anxious about the tenancy starting without this being fixed. Also the T's, new, existing and old want to get it fixed too as finding someone later on (ie a month after clearing) is more difficult. please answer here: https://www.consumeractiongroup.co.uk/forum/showthread.php?489232-Multiple-signatures-on-tenancy-deed-of-transfer-can-they-be-on-different-documents-and-by-email
  7. Hi all, Just a quick question. Can a private landlord charge tenancy fees every time they renew your tenancy? Only asking because we have been living in a property for just over 4 years. The original tenancy we signed upon moving in was for a period of 1 year after which it was never renewed. The landlord has now popped up after 3 years wanting a rent increase and to renew the contract (BTW we have no issues with the increase or the renewal) but he wants £50 the renew the contract and an extra £25 so he can top up our deposit to a higher amount. Can these fees be charged even though we are not new tenants and can he request a top up on the deposit to a new amount? Thanks for reading guys
  8. We've been in the property 12 months, and 10 months in the landlord has served us with a section 21. So we have two months to leave. An estate agent has been in touch regarding viewings and we have been as accommodating as we can. We have found another place to rent and have asked if the landlord is willing to end the tenancy early, and the answer was no. We can leave early but still need to pay until the end of the 12 months. The new landlord doesn't want to wait that long and if we cant move in earlier he will have to let it to someone else. So, in an attempt to persuade the current landlord I have pointed out that we have been very flexible with the viewings, but have no reason to do this. If he isn't willing to negotiate the leave date, we have no reason to be as flexible as we are, even to the point of not allowing viewings at all. Am I within my rights here?
  9. Can anyone give advise please for young first time tenant, a family friend, who rents residential flat above shop. 1. AST not signed but Commercial Lease. 2. Deposit not protected. 3. No Gas Safety Certificate. 18 year old girl was forced to leave family home. She is a carer in nursing home & not on benefits as landlord refuses housing benefit tenants. Discovered today she has built up debt with utilities & council tax with debt collectors now chasing. She has paid rent though I looked at her tenancy agreement today which I think is illegal. The landlord let's out ground floor to a business but her flat is self contained with own entrance. Can she get out of tenancy? I will let her stay with me for few months rent free so she can sort out debts.
  10. Longer tenancy plans to give renters more security READ MORE HERE: https://www.gov.uk/government/news/longer-tenancy-plans-to-give-renters-more-security
  11. Hi, hope someone can advise me on this. My letting agent is telling me that at the end of my current contract, they want me to sign a 12 month contract otherwise I will have to leave. I looked on my tenancy agreement and it states the following TWELVE MONTHS beginning 6th july 2017. If the tenant does not leave at the end of the fixed term, the tenancy will continue, still subject to the terms and conditions set out in this agreement, from month to month from the end of the fixed term until either the tenant gives notice that he wishes to end the agreement as set out in clauses 6 and 7 below or the landlord serves on the tenant a notice under section 21 of the housing act 1988, or a new form of agreement is entered into, or this agreement is ended by consent or court order" clause 6 and 7 talk about giving the landlord 1 months notice before I want to leave. Am I within my rights to ask to stay on a monthly rolling contract based on the above? Thanks
  12. Hi everyone. I'm a new member on here. I came across the site when researching tenancy deposit schemes and I've read through several threads but can't seem to find and guidance in relation to my particular problem. Briefly, in September of last year I agreed to rent a property with a private landlord. I had a few concerns about the property but the landlord assured me they would be dealt with once I moved in. But I needed somewhere to live quickly and my mother paid the deposit. The rent was to be paid by housing benefit. There was mould throughout the property, there was a leak from the soil stack or a blockage causing it to seep out from where the two pipes join, a couple of electrical sockets that were loose from the wall etc. I paid the deposit in cash and received a receipt. After several weeks the landlord had not repaired any of the above despite my texting and phoning him. At the same time he began to phone and text me demanding the rent but there was a delay at the housing benefit and the payment had not yet come through. He threatened in the text messages to come round to the property on specific dates and turf me out and take the keys back. I felt intimidated by him and told him by recorded delivery letter that I was going to give him 28 days notice to leave because he hadn't fixed any of the things he had promised. He had no problem with this and texted the sooner the better and that he still hadn't had the rent. I left the property and asked him for the deposit back and he said he was keeping it because he was still owed money. I then found out online that the deposit should have been protected. I asked him about this so that it could go to a resolution but he would not give me the details but kept on saying that he had protected it. He then came back to me and said that I owed him four months rent for leaving early, fees that he had paid to an electrician to fix a pendant - which was one of the jobs I had asked him to fix - fees for a skip to empty the property even though it was empty when I left etc. I realise I'm rambling on. What I'm trying to determine is whether the tenancy was valid when he didn't protect the deposit? Has he a right to claim back four months rent from me when he didn't protect the deposit in the first place? Did the agreement lose any legitimacy when he failed to do that? I ask because despite my continued asking him he will not return the deposit and I'm thinking about taking it to court. All I want is my deposit back. Nothing else. He has since had the back payments up until the time I left the property. Any advice would be much appreciated. Thanks
  13. 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 ?
  14. Hi everyone. I was wondering if I might get a few pointers in regard to a tenancy agreement that we had with a previous landlord. Three months into the agreement the landlord started texting daily asking for the rent. he was quite abusive in these texts, swearing and threatening to call at the property to get the keys unless payment was made immediately. The payment from housing benefits had been adjusted and we were waiting for it to be sorted. He has now actually had the backrent that was due. We were a bit concerned for our safety if I'm honest and told him via text and a recorded delivery letter that we were giving him notice. He texted back that yes unless we paid him by the weekend in full he was coming to get the keys and we could leave. We left the property but have now started receiving texts from him saying we owe the remainder of the agreement. Is this true. After doing some reading surely he would have accepted our "surrender" of the property when he stated he would come and get the keys if we could not pay in full b the following weekend? Many thanks
  15. Hi everyone, My Daughter has got herself in a pickle - she is going to uni and against our advice re-signed her tenancy agreement that doesn't start till June 2018 my wife was the guarantor but she has not signed and my daughter has not paid any deposit yet. she has now fallen out with the others that she is sharing with currently and does not want to continue staying there next year after the current agreement expires in June 2018. She has been in touch with the letting agents who have told her that there is no way out since she signed unless she finds someone herself to take her place. she only did this due to the amount of emails they kept sending and they were using scare tactics to tell her that if they don't sign some one else will take the property. This and the Uni workload was stressing her so she signed it and now regrets that. is there any way out of it now as Guarantor hasn't signed and no deposit paid ? thanks for your help in advance alix2
  16. New Private Residential Tenancy - Scotland Only https://beta.gov.scot/publications/scottish-government-model-private-residential-tenancy-agreement/ This come into force on 1st December 2017 and affects Tenancy Agreements from that date onwards only and will replace the Assured and Short Assured Tenancy Agreements for all new Tenancies. Changes will include: -- Longer notice periods, with tenants who have been in a property for more than six months receiving at least 84 day notice to leave, unless they are at fault -- Simpler notices, with a simpler notice to leave process -- The introduction of a model tenancy agreement which can be used by landlords to set up a tenancy -- No more fixed terms - private residential tenancies are open ended, meaning your landlord can't ask you to leave just because you've been in the property for 6 months as they can with a short assured tenancy. -- Rent increases - your rent can only be increased once every 12 months (with 3 months notice) and if you think the proposed increase is unfair you can refer it to a rent officer. These are just some of the new changes. If you had an Assured or Short Assured Tenancy Agreement before the 1st December 2017 then these Tenancy Agreements will continue until your landlord ends that tenancy agreement (using the correct procedure). (note if your Assured/Short Assured Tenancy is for renewal after the 1st December 2017 then you landlord will have to offer the new Private Residential Tenancy). Links of Interest: Scottish Government - Private Renting https://beta.gov.scot/policies/private-renting/private-tenancy-reform/ The Scottish Government Model Private Residential Tenancy Agreement http://www.gov.scot/Publications/2017/10/3669/2 Shelter Scotland - The New Private Residential Tenancy https://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/renting_from_a_private_landlord/the_private_residential_tenancy Housing and Property Chamber First-Tier Tribunal for Scotland https://www.housingandpropertychamber.scot/news/new-private-residential-tenancy
  17. Hi, I have never used forums before, but I really need advice. I have been a private tenant in my home for 10 years, with very little contact with my landlady, the last time being over 2 years ago! Just last week I had a letter put through my letterbox from a downstairs neighbour telling me that he had purchased the property from my landlady, and she had asked him to be the point of contact between us, and he wants us to vacate the property by 09-12-17. We have not heard officially from our landlady concerning the sale of the property, and the letter from the neighbour is not through a solicitor. I would like to know if this is legal and above board. Please, any advice will be gratefully accepted. LGHS.
  18. Hi all, I hope your well. Just a quick question please. I am a tenant in North London and the Landlord stopped using the estate agent in 2015, two years after we moved in. I now require a copy of the original tenancy agreement but the estste agent say as they are no longer managing the property, the records are no longer in the office and I would need approach the LL. The LL also says no. I thought the estate agents are required by law to store securly personal information belonging to a customer for a certain period of time, or is that not the case? Any help will most appreciated , Thank you
  19. Hi, Got a bit of a fiddly situation here so I will try my best to summarise clearly for everyone. I moved into a flat (from Spareroom) on the 1st June 2016 (tenancy expired on 30th November 2016), I found it a month or so before and they wanted a £300 (cash) holding deposit as they don't take card. I was moving out of London a few days after and was in the middle of exams and I knew I needed a place so (stupidly) I paid it in cash and went for it. Thankfully it all seemed legit, got the keys on the first and again had to pay my first months rent and the deposit via bank transfer in their office (Rent £940 + Deposit £940 + Admin £149 - Holding Fee £300 = £1729). I paid it got my keys and moved in. I asked about the deposit scheme etc over the next days where I was told "don't worry it's protected". This is where I started finding it all to get weird. Speaking to the existing flatmates, none of them received any TDS numbers or anything. I kept asking just to get the same response. So 3 months go by, after hearing nothing I knew I wanted to claim. However a friend had a room their flat which was over the road and was perfect for me so I started enquiring about leaving the tenancy early etc, and I got 3 options. Find my replacement and I pay half a month of rent, they find a replacement and I pay a full month or rent, or I just pay the remaining rent and leave. I tried for a month to find my replacement which brought me to September to no avail. I then emailed saying "Is there a possibility I could leave and you could keep my deposit?" which got a reply of "I will keep trying to rent your room, keep paying as normal" so no confirmation that they would take my suggestion of keeping my deposit. Knowing that they haven't protected my deposit I asked them again "I can't find anything about my deposit in the TDS" in which they replied with "The money you paid for the deposit will be used to pay for the final month of the tenancy". Is this even allowed? My contract says: "Security - £940 to be paid on the signing hereof to the agent for the landlord to be dealt Within accordance. This security deposit will be used to pay your last month rent, then 30 days notice is served" (that's the exact wording, notice the bad spelling/grammar). I then followed up with them with the standard "Within accordance of the law, it is your duty to protect my deposit in a TDS" in which they said the manager will call me. I spoke to the manager (who is also the Landlord, I think this is pretty important) on the phone and they pretty much said "Don't worry you can leave the contract and i'll adjust the deposit". I thought screw it, I'll take that and then approach the deposit after I have confirmation I can leave so I asked for the email confirmation and they sent over the following: "As advised please do not pay your rent on 1st October 2016. Please then returning the keys this Saturdays drop me a text, then keys are left at the concierge. You are released from 6 months contract as per conversation with [Landlord Name], no further payments are required." I took this as pretty concrete evidence that I can leave, so I did. Moved into my new place and I'm happy here. Now I want to claim back my 'protected' deposit. I emailed the manager saying what's happening to the deposit and that I'm happy to not pursue this in court if it is returned back in full and I gave them a time frame to do so. He replied with "you broke your tenancy etc and that they will chase up the remaining payments". Unless I accepted a £500 return of deposit. When I spoke to him on the phone before he offered £500 deposit back which I said no to and that I'll be chasing up the full deposit. He has also reassured me that "Danny from accounts has said your deposit is protected" which is incorrect given what his colleague told me before. Basically I just want my deposit back, multiple people have mentioned that I can claim between 1-3x the deposit, I do not mind what I claim as long as I get my initial deposit back. Almost a year after moving in I still haven't seen a sign of it, and I don't think the other tenants have either. Do you think that leaving the tenancy early may hinder my chances as claiming this deposit back? I believe they are separate matters, I believe that he had ill intentions with the deposit by choosing to manage it himself and no protect it, which seems like it has broken all of his responsibilities. But also a separate matter of leaving the tenancy early where I suggested that they could possibly keep the deposit, which not reciprocated, but then got an email after the phone call which clearly stated when I could leave and who gave permission and also that no further payments are required. Sorry for the wall of text, it has been a complicated and stressful process and any help/advice would be greatly appreciated! Thanks so much, Buneet
  20. Good Afternoon everyone, Having had a read of these forums I have seen how helpful you have been with offering advice to other people so decided to register and post my own situation to see if you can offer me any advice. I am currently a private tenant through a letting agent. I originally signed an Assured Shorthold Tenancy Agreement on the 1st October 2016, which was a 12 month agreement with a 6 Month break clause. This agreement was signed by both myself and my Girlfriend at the time, so this original tenancy has not yet ended. On the 12 June 2017 (3 and a half months before the tenancy end date) I was contacted by the letting agent to re sign a new agreement which would run from 1st October 2017 for a further 12 months, with a 6 month break clause, so this is still a month away from actually commencing. The tenancy is still in the names of both myself and my girlfriend at the time (with myself listed as the lead tenant). Since signing the tenancy agreement on the 12th June 2017 I have had a change in circumstances, in that myself and my girlfriend are no longer together (this happened in the last week). As such I am now in a rather dire situation where I face having to pay a minimum of another 7 months worth of rent (£1200 per month) which on my own I simply cannot afford to do, I don't earn enough on my own to cover the cost of this and council tax/other bills etc. I was wondering if anyone would be able to advise me where I stand legally with regards to now cancelling the tenancy agreement due to start on the 1st October 2017. From what I understand this is only possible with the landlords consent and I would be liable for any costs incurred to re let the property, however as I am the current tenant, at the end of the current agreement I only needed to give 30 days notice, so would this apply? I wanted to know what (if anything) I can do to cancel the AST from the 1st October. Any advice or help would be greatly appreciated. Thanks Jamie
  21. Hi I acted as guarantor for a friend of mine on 31/10/14. He has since fallen into arrears and been evicted from the property. The first I heard about it was in a letter from the landlords solicitor on 28/11/16. In response to the solicitors letter I did admit to being guarantor. I also advised the solicitor that I am not in any financial position to pay this debt as I do not have any income at this time after losing my job in October 2015 and trying to get my photography business up and running, with no success as yet. I have now been issued with a County Court claim, however, in the correspondence I have received there is no mention of me as guarantor on the Assured Shorthold Tenancy Agreement and there is no other document (i.e written guarantee or deed) where I am mentioned or indeed have signed to act as guarantor. The tenant has offered to repay the debt over a period of time but the landlord has refused his offer. Can anyone advise me what to do as I have no means to pay this debt and unless the solicitor or claimant can produce a written guarantee or deed then would I be right in thinking they do not have a leg to stand on? and why has the landlord come after me if the tenant has offered to repay over a period of time? but more importantly what do I do put in my defence form? Thanks for any help given Ed
  22. HI I moved to a private flat-share around a few months ago. The agent at the time didn't want to give me a full tenancy agreement. I wasn't really fussed as i was working and paid my rent on time. Unfortunately I recently lost my job and have been forced to claim esa. The landlord does not usually accept people in full time employment and i have no intention of risking my accommodation . I need proof of address as i am allowed by law to apply for housing benefit and i am under no obligation to tell him i am unemployed anyway, BUT i need proof of tenancy What possible reason can i give him to ask for proof of tenancy? I have also been told by housing benefit that i do not actually need a tenancy agreement just proof of residency etc. SO i assume for housing benefit just a letter stating when i moved in and how much rent i pay and what room i live in etc Can someone offer me some advice? Im only staying here for four months and I'm recovering from an illness i have no option but to stay here at the moment. What reason can i say that i need proof of tenancy other than for housing benefit? thanks
  23. Hello, I rented a studio over 4 years ago through a London Agent; standard AST. The Agent secured my deposit (over £1000) with TDS. After one year my LL decided she did not need the agent anymore and offered to rent the flat directly to me. This, according to her, saved her some money to proceed with the needed repairs. I have been renewing contract (no changes in there) for the consecutive 3 years since then. Due to her numerous failures to carry out repairs (leaks, mold, poor insulation, lack of heating - literally she removed electric heaters from the walls to make the flat look bigger, fuse box issues - lights tripping out the box on a daily basis, boiler issues, shower power issues plus criminals next door, with their drug-related behaviour 24/7), I had enough and decided to move out, ending the contract in 2017. I gave her 2 months notice, but according to the contract I did not have to. She was extremely unhappy with my decision. On the same day she gave my private phone number to an Estate Agent; without permission&behind my back. They informed me that my LL decided to sell the flat and they would need immediate access to take pictures and show the property to potential buyers. I was speechless. I looked at my contract only to find out that she was in breach. The contract states that if the LL intends to sell the property, the tenant must be informed in writing 2 months prior the notice of intention to sell. Anyway, for the 2 months I have been harassed by my LL and Estate Agent so much, I had to take sick leaves as I was not able to perform my duties at work (she had known that I work nights only). On the day of my move she broke into the property (the police were called by my neighbours) and changed the locks. It's been over one month now and she does not reply to my requests for the return of my tenancy deposit. To cut the story short, when the new AST was up in 2016, she delayed it until the next month. She claimed that because of her delays in paperwork my deposit was protected for the time being as periodic, but she would protect it in full once the contract was signed. In 2016 I did not receive any reminder from TDS that the fixed term was ending and that action was required so that protection of the deposit continues ( this is what they say when asked about clarifying whether a LL complies with their rules). In the middle of my 2016-2017 tenancy I checked TDS (I had no reference number, nothing regarding the full AST deposit protection scheme from her). The only way I could check my deposit was by inputting the start date of the tenancy and full name on their website. The TDS could not find my deposit. I asked my LL about it and she said, blushing and stammering, that the deposit was in her account. I was at my wit's end so I tried to find my deposit with a reference number on periodic one. It turned out it's been periodic. My contract for the year 2016-2017 was not periodic. The previous deposit protection was fully registered and says: Tenancy start xx/xx 2015. Expected to end on or after xx/xx/2016. Can anyone advise how I pursue TDS and my LL about this? All advice/experience with LLs and TDS much appreciated. Thank you
  24. Hi All, Please bear with me. I was made redundant over a year ago, and as a single Mum, I've just started my own business, but am still relying heavily on benefits while I find my feet - financially. Our landlady's told us she's selling the house in June and as we've been here for 5 years and are so happy and settled, I'd love to somehow be able to buy it. The house is expected to go on the market for 220K. My mum recently sold her house and has a 30K deposit she can give us and I'm now considering the following options: 1. My ex, who earns a good wage (100K) can 'Buy to let' for us? This sounds too good to be true - what are the issues surrounding this? 2. Would my 71 year old Mum be able to re-mortgage her house that she owns outright? It's value is 200K. Is she able to do this at her age - how much could she raise - again - what are the issues surrounding this? I'm pretty convinced that our dream's not achievable, but I thought I'd ask here first - I've heard great things about this forum. Here's hoping, Many thanks in advance.
  25. In August last year, I signed a 12 month AST Tenancy that was set up through a letting agency but the Landlord has taken over things since that was set up and signed for. In February, I asked the Landlord about extending the Tenancy and also so that should he ever require me to leave the property, I would have sufficient time to find alternative accommodation. On 1st March, he inspected the property and was happy withe everything and we talked about a Tenancy extension. We verbally agreed that the Tenancy would be extended by 6 months as of August 2017 when the existing AST would expire and it would then run until February 2018, and that if he wanted to, he could give me two months notice in December 2017 to leave in February 2018. We agreed we would do this without us signing a new agreement and without going back through the Letting Agency so no fee's would be involved. Also that the rent would stay the same and I wouldn't have to pay anything else or any extra's. So this was all agreed verbally, I wrote down that day what we agreed to cover myself, I also relayed the information to my partner and a friend of mine, the Landlord stated he would send me an email confiriming everything in the near future, he never did. I chased him several times and a few weeks ago, he was acting as if the agreement was never made, he now keeps stating he can give me two months notice next month should he wish to do so, also that anytime from the end of August, he could give me a months notice to leave. Today he sent another email stating and I will quote the most important parts: " When you speak to a solicitor he will tell you that, in the case of housing, verbal agreements aren't valid. This is to protect you. Your AST expires on 23rd Aug. I can give notice on 23rd June for you to leave and so can you. As I have already stated you can stay until 23rd Feb. However, under the Housing Act , your AST automatically reverts to a periodic tenancy . This means that as you pay your rent monthly the tenancy period is monthly- a rolling contract. If you want a 6 month AST, then you can have this but you will have to pay for the AST to be drawn up and pay 6 months rent up front. If you cant pay 6months up front then I will accept a guarantor. I am more than happy to talk to your solicitor, CAB or your housing officer if necessary" So now he's stating that a verba agreement isn't legally binding, he's still acting as if this agreement wasn't made, but notice he does state that I can stay until 23rd February 2018. But now he's stating about signing a new 6 month agreement and paying 6 months upfront or having a guarantor, when the agreement was made, it was made clear that the agreement was to be extended by 6 months and there would be no charges or anything to pay other than the existing rate of rent. For some reason and I have no idea why but he is acting like the agreement wasn't made or is just trying to change the terms to get money out of me but regardless this needs to be resolved as I am a disabled person with several long term chronic health conditions and as I only know a handful of people where I am, I cannot be in a position where I only have a month's notice to leave and that was one of the main reason that I asked him round to sort out a Tenancy extension. I did speak to CAB today who say I have a case and I have an appointment to see them in a couple of weeks time, however, I wanted some opinions on this from some of you if possible in the meantime. Thank you.
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