Advice needed - dispute over AST

[bluebird24]

Hi

 

I wonder if someone can give me some desperately needed help.

 

I moved into a property in Feb 2007 on a 6 month AST. In September 2008 I got a phonecall from my landlady to tell me that they were raising the rent by £25 per month to cover her increasing mortgage. Despite only having a week's notice I amended my standing order and increased October's payment.

 

A couple of weeks later we had a contract pushed through the door with a post it note on it saying 'please sign amended contract reflecting your new payment'. There were lots of errors on the contract such as the incorrect payment date and our names so she pushed another one through our door a few days later. We then signed an agreement in mid October.

 

When the lady had called me up to say that she was increasing the rent I made her aware that we were actually thinking of moving in the next few months as we had outgrown the house and were in a better financial position. I thought that it was best to be honest as I had had no problems up until then with her.

 

We found a new house in January and gave notice straight away. We called her in the second week of January and said we would pay until the end of February effectively giving six weeks notice. This was accepted initially but then her husband called us to say that he had been looking into it and when we signed the amended contract he had actually got us to sign a new contract and therefore we would have to pay the rest of the contract (until the end of March). I felt incredibly stupid that we had allowed ourselves to get in this position. We told the landlord we would be moving anyway so it may be in his best interest to try to get a new tenant in asap and he agreed he would try.

 

So here we are in March. we moved out on Feb 1st and left house in a good state. We handed back one set of keys before Feb 1st so that they could access the property for viewings (they lost their key). We phoned them several times about handing over the other key and to see what was happening about deposits etc but we kept getting fobbed off. I decided to cancel the last standing order to them as it seemed more and more unlikely that we would get our deposit back.

 

Yesterday I had a message on my phone form the landlady asking to meet up with me as they wanted their months rent. She also said that the house had to be professionally cleaned, a skip hired, the shed demolishing, a gardener brought in and the whole house repainted and decorated with carpets upstairs. This in her opinion meant that we therefore owed her substantially more than the £600 deposit. I am really angry because they have already done the work on the house depsite not doing a check out with us. The walls were fine with no new marks, the carpets were as good as when we moved in and we never used the shed. She even said to me on the phone yesterday that they redecorated because the colour scheme was old (it was the colour we inherited).

 

Can anyone give me some advice as I am meeting her today and I feel that we are being treated like mugs.

 

Thanks in advance

[help me kick his butt]

Hi there. Did you have an inventory?

My initial reaction to this is she is taking the biscuit.

If any work is done, you should have been told about it first, also she should be able to show receipts etc.

I would tell her to persue it through the courts if she wishes.

In my opinion, I would not meet her, tell her to write to you, it's much easier to digest this way and you can think before you respond.

Best of luck and keep us posted. x

[flyingdoc]

Was your security deposit protected?

[bluebird24]

Thanks for the quick replies

 

The deposit was not put into a scheme because it was originally taken in before April 2007 (was taken in feb 2007). Does this mean that if (as they believe) we took out another 6 month contract in October 2008 the deposit should have been put in a scheme then?

 

With regards to inventory I have to say we were a little naive. When we moved in the place was a little messy and a lot needed cleaning from the previous tenant. We needed to move in asap so we did the cleaning etc ourselves. We asked for an inventory but were told by the LL that as we'd already moved in and the house was totally unfurnished then an inventory was not needed. I wish that we'd have insisted on it now but unfortunately there is nothing we can do now.

 

I have a couple of questions about the contract we signed in October if anyone can help me clear it up. It says under Licence for Occupation

'The Owner permits the Licence to occupy the apartment known as ____________ for a minimum rental period of six months'. Now I admit I know nothing about legal jargon but the word 'permit' to me is different to 'commit'. Am I right?

Also the contract says under Determination of License

'The Licence may be ended by the owner (or the licensee) giving one month's notice in writing to expire at the time'

Does this mean if we gave our month's notice we could end the contract or not?

 

Thanks

[Planner]

A licence is something quite different than an Assured Shold Tenancy. What does the October agrement say on the top of it? that is an AST or a Licence or something else?

 

Does it also list a specific term i.e. 6 months from x date to x date?

[bluebird24]

It doesn't say it is either a licence or a AST.

 

The first line says

'This agreement made on October 16th 2008 between __________ (the owner) and ________________________ (the licensee)

 

Now it is agreed as follows....

 

 

 

The contract itself is less than 2 pages long and vague to say the least.

[Planner]

It doesn't say it is either a licence or a AST.

 

The first line says

'This agreement made on October 16th 2008 between __________ (the owner) and ________________________ (the licensee)

 

Now it is agreed as follows....

 

 

 

The contract itself is less than 2 pages long and vague to say the least.

 

And the dates? 6 months? 16th October to x date?

[bluebird24]

Sorry no dates except the date that it was signed.

[bluebird24]

although further into the contract it says

 

'The Owner permits the Licence to occupy the apartment known as ____________ for a minimum rental period of six months'

[Planner]

Then your LL is talking through there buttocks.

 

Firstly, what you have signed appears to be sometype of lodgers agreement intended for when a Landlord lets a room in the house that they also live in. It would be worth taking it to CAB if you can and let them look at it.

 

Secondly, how have they come up with the end of march date? it isnt in the contract so it appears they have just plucked it out of the air.

 

The notice you have given appears to have been sufficient to allow you to move out when you did. You are required, by law to give one full calander months notice ending on the same date in the month that the original fixed term came to an end.... what date did that original contract you signed fixed term end?

 

As you havent signed a new AST (from what you have posted) in October 2008, there appears no requirement for the LL to protect your deposit. It looks like you may have to make a standard County Court Claim.

 

Let us know that date first though, before we advise further.

[Planner]

although further into the contract it says

 

'The Owner permits the Licence to occupy the apartment known as ____________ for a minimum rental period of six months'

 

.......That changes things somewhat then.

 

I think you need to show the agreement to CAB or ring Shelter and find out what it is you have been given.

[bluebird24]

Thanks

 

to be fair we thought it must have been an AST as this seems to be the norm.

 

Will try to contact CAB or Shelter.

[bluebird24]

Can't get an appointment with CAB for a few weeks but have spoken to a helpful lady at Shelter. She said my agreement is an AST.

 

My question now is (and she wasn't sure on this) if we originally signed the contract before April 2007 BUT the new AST was signed in October 2008 does this mean that the LL should have put the deposit into a TDS then?

 

Thanks again

[flyingdoc]

My personal opinion would be that if you signed a NEW agreement then the deposit should have been protected at that time.

[help me kick his butt]

Thats my take on this too