me and my landlords

[confusedbunny]

I am looking at a flat tomorrow and have a few queries:

 

1.what basic steps can i take to insure that the person showing me the flat and parting with the deposit and one month rent is genuinely the owner? (the flat is empty and i have heard so many horror stories of tenants subletting or taking loads of deposits of tenants and you all turn up to move in and the property is locked up and the "landlord" is untraceable and your money has gone, [problem] basically!).can land registry help?

 

2. how will i know if the landlord has consent to let via the mortgage company?

 

3.the property is empty and newly refurbished, what is deemed as "wear and tear" on the inventory when i move out? can this be disputed via the tenancy protection scheme?

 

4. will i get notice from the company that my deposit has been protected? what if the landlord fails to do this what shall i do? and how long have they got to protect the money after i move in?

[Steve__M]

1. Suggestions: Get LL to show *you* ID/proof of address. Ask LL to tell you status/ownership of property (so you can cross-check). Check on land registry (costs 3 or 4 pounds). Ask council if you think it is a council flat being sublet.

 

2. LL will probably tell you it is none of your business.

 

3. Not sure, but they cannot demand that it is returned in a perfect condition. Avoid denting walls, marking carpets, etc. The odd scuff should be fine. Note that newly plastered walls often have very little paint on them and the paint will come off if you clean them!

 

4. The landlord currently has 14 days from receipt of deposit to protect it and provide you with the prescribed information. If LL refuses to protect it you can sue for its protection and a 3x penalty. However you lose the right to sue if and when you move out and you lose the right to the 3x penalty if the deposit is protected before the court date.

 

While the deposit remains unprotected, however, the landlord cannot evict you with a Section 21 notice so as long as you pay your rent you can live there forever. Iamnotalawyer.

[confusedbunny]

1. Suggestions: Get LL to show *you* ID/proof of address. Ask LL to tell you status/ownership of property (so you can cross-check). Check on land registry (costs 3 or 4 pounds). Ask council if you think it is a council flat being sublet.

 

2. LL will probably tell you it is none of your business.

 

3. Not sure, but they cannot demand that it is returned in a perfect condition. Avoid denting walls, marking carpets, etc. The odd scuff should be fine. Note that newly plastered walls often have very little paint on them and the paint will come off if you clean them!

 

4. The landlord currently has 14 days from receipt of deposit to protect it and provide you with the prescribed information. If LL refuses to protect it you can sue for its protection and a 3x penalty. However you lose the right to sue if and when you move out and you lose the right to the 3x penalty if the deposit is protected before the court date.

 

While the deposit remains unprotected, however, the landlord cannot evict you with a Section 21 notice so as long as you pay your rent you can live there forever. Iamnotalawyer.

 

thanks for the answers! how can i check with land registry?

[Steve__M]

Go to the land registry website. You should be able to search for the property. You can then download the deeds for a fee. I've only done it a couple of times myself - it wasn't too difficult to do. It may be more complicated for a flat as the flat is likely to be leasehold - you'd have to look.

[confusedbunny]

Go to the land registry website. You should be able to search for the property. You can then download the deeds for a fee. I've only done it a couple of times myself - it wasn't too difficult to do. It may be more complicated for a flat as the flat is likely to be leasehold - you'd have to look.

 

thats great!! just a few clicks and £4 lighter i got the info i required and the owner is legite and well worth £4 to protect £2000....thank you.

[confusedbunny]

My AST expires next month and I assume I will be on a rolling contract from then....I have a feeling the LL may attempt to increase my rent, my questions are:

 

1.Is there a maximum % this can be increased by annually?

 

2.If the increase is beyond my means and the LL gives me one month to leave, what happens if i cannot find alternative accomodation within that time, can I stay past the notice date until i do? (I have pets so its not so easy for me and i paid the LL additional deposit for them)....

 

I suspect either way the LL is going to give me notice so they can cash-in on the olympics and not care whether i am homeless or not, but i am so scared i am not going to find anything and dont particularly want to be looking now incase it "might" come to that as i would prefer to move once more, into my permanent home when it arises.......

[mariner51]

1.Is there a maximum % this can be increased by annually? No. LL can ask whatever he wants. What he ends up with may be down to negotiation

He can raise rent by

1. offering a new AST with increased rent only, effective from end of current fixed term, which you either accept or decline

2. issue a s13 rent increase notice, if last rent was set more than 12 months ago for current T. If T disagrees, yoi have 1 month to appeal to local rent assessment committee, who will determine a 'fair' rent increase.

.If the increase is beyond my means and the LL gives me one month to leave, what happens if i cannot find alternative accomodation within that time, can I stay past the notice date until i do? (I have pets so its not so easy for me and i paid the LL additional deposit for them)....

Your T does not 'expire' on the date shown in AST. That date is just the end of the fixed term. If you remain in occupation the T becomes a stat periodic T with same rent and essentially same conditions. Even if LL has already served you with s21, that is not a NTQ, it just allows him to seek Court repo order at some time after expiry of notice and not before end of fixed term. It normally takes 6-8 weeks to get a Court hearing and poss similar length to engage Bailiffs once the Order is granted. The pet deposit is irrel for this process. I would say you have a min 8 weeks to find new accom after end of fixed term to find new accom. I doubt LL could regain possession in time to benefit from the Olympics.

If by 'permanent home' you mean next rented accom, then start the search now, giving you ~3months.

[confusedbunny]

thanks for your response. the LL has asked me to shut down my electricity account so the LL can open account in their name for a temporary while.

 

I believe this is because the LL does not have consent from mortgage company to let the property and needs to provide a utility bill. The LL has all her mail coming to the property and collects it in bulk, even bank statements.

 

I do not want to do this with the electric, do i have to? what shall i do if the the mortgage company write to me to ask me to call them, I can only tell the truth that i am renting the property and then the LL will throw me out!!

 

If the LL is in breach of the mortgage and lieing to them that they are living here by sending mis-leading utility bills as the mortgage company are suspicious, does that mean my tenancy is void?

[raydetinu]

Do not close any utility account, keep it it your name as you are the user.

Also do not speak/correspond with the mortgage co., just pass it on to LL to deal with.

Why would they contact you anyway?

[confusedbunny]

Dear Caggers,

 

I paid a deposit to my landlord when i moved in and additional pet deposit. The landlord never done an inventory.....I took a few pictures myself when i moved in of serious damage that I do not want to be blamed for!

 

When it comes to getting my deposit back, can the landlord blame me for damage etc and deduct costs without an inventory???

[raydetinu]

He cannot charge you for the pre-existing condition; suggest you send copy of photos to landlrd now for his records.

The lack of any signed and agreed condition/inventory will certainly limit any potential for a claim.

[confusedbunny]

Hi, thank you all for your replies. My tenancy date ended last month and i assume i am on a "rolling contract", which i am happy with as i am waiting on the social housing list and my bidding is quite high and atleast i can give one month notice should my bid me successful...(although whether this happens in the next 6 months is anyones guess)...

 

The LL has asked me to sign a renewed 6 month contract rather than stay on a rolling one, is there any benefit to this? also, given my situ, is it advisable to sign again? (say, i get a property in 2 months time after signing a new one, would i be legally bound to pay the remainder 4 months rent even if i was no longer living here?)

[mariner51]

You are prob better not to sign a new 6 month AST as you would be liable for full fixed term rent etc

Social housing can take >2 yrs but they will often require you to move-in within 1 month.

[confusedbunny]

Thanks for clarification, just as i thought....given my situation, i do not partically want to commit to a six month but inturn i assume the LL will want stabilty and find replacement tenants which i dont really want to have to move just yet....is a break clause possible?

[confusedbunny]

Hi,

 

I have a second 6th month AST (with 5 months left), LL informs me he wants to sell the property and i have some concerns:

 

1. LL states that he can give me one month notice to leave at any time during this fixed term and i have to leave, is this right? If this is true, would it mean the same for me?

 

2.LL want estate agents and viewings, do i have to allow this? Its hugely inconvenience for me but i dont want to be difficult, but am i legally bound to? can all this not be done after i leave?

 

3. Iniatially, i asked the LL if we could just have our original AST that expired in June 2012 on on rolling contract, he was adamant that he wanted financially security and wanted me to re-sign for another 6-months, reluctantly i did, and now one month in, now this!! Ideally, i would like to stay now till the end of fixed term, can i do this?

 

4.If the LL gets a buyer etc, can he apply to the court before the expiry of the AST to make sure i leave on the expired date? or can this only be applied for on the expiry date? Do i have to leave on this date if i havent secured new accomodation?

 

The reaseon i am so concerned is i am awaiting social housing and near getting a property. Ideally, i do not want to move now then again in say 4 months time when i am successful. I would just like to stay here till the AST expiry.....

[citizenB]

What does it say in your contract. It doesnt seem right that he is moving the goal posts after you have signed in order to give HIM financial security! What about security for you ?

[marmaris30]

If they want you out before the end of the fixed period, they need a Possession Order. They'd only get that on proof of rent arrears or major nuisance, neither of which presumably applies since they were happy to renew. You do need to allow reasonable visits though, with reasonable notice.

 

Ownership of the property can transfer regardless of whether you agree to move or not. The new buyer would inherit the same rights and responsibilities, and would still only legally be able to remove you at the end of the fixed term, on giving due notice.

 

Any attempt at removal before the end of the fixed term, without your agreement or a Possession Order, would be completely illegal.

[confusedbunny]

What does it say in your contract. It doesnt seem right that he is moving the goal posts after you have signed in order to give HIM financial security! What about security for you ?

 

Yes, i agree! The contract states its for a fixed 6 month period and i have to give agents access during the final 28 days of the expiry......

[confusedbunny]

If they want you out before the end of the fixed period, they need a Possession Order. They'd only get that on proof of rent arrears or major nuisance, neither of which presumably applies since they were happy to renew. You do need to allow reasonable visits though, with reasonable notice.

 

Ownership of the property can transfer regardless of whether you agree to move or not. The new buyer would inherit the same rights and responsibilities, and would still only legally be able to remove you at the end of the fixed term, on giving due notice.

 

Any attempt at removal before the end of the fixed term, without your agreement or a Possession Order, would be completely illegal.

 

Thank you for this information. I do not want to appear difficult with the LL (as i would like a reference for a new place) but at the same time I want to live in peace during my term.

 

1.Can i not have viewings during the last 28 days (as per contract)?

 

2.If i leave before the fixed term, the LL would chase me for the outstanding rent, no?

 

3. Can the possession order be applied for by the LL prior to expiry to be set date for the expiry of the AST? (As i am awaiting social housing i would like to hang on here as much as possible to save one less move if needed as 5 months left is still quite a way away)

[assisted blonde]

Ask the LL to arrange viewings at specific times/days, although your contract says you must allow agent access in the last 28 days it does in reality take longer than that to sell a house so it would be reasonable if you let them in prior to the last month.

[confusedbunny]

Ask the LL to arrange viewings at specific times/days, although your contract says you must allow agent access in the last 28 days it does in reality take longer than that to sell a house so it would be reasonable if you let them in prior to the last month.

 

Yes, i agree...my concern is just that i do not want to be harrassed all the time by LL and his agents for the next 5 months as i just want abit of peace, which surely i am paying for....

[assisted blonde]

Doubt if you will get that much hassle TBH I cant see that many people wanting to view unless you are in a very popular area in which case you might get a lot of initial viewings but someone will put an offer in quickly which will put a stop to them.

[confusedbunny]

could someone please clarify, is it correct in me thinking, that the LL can only go to court to get a possession order AFTER the six month period of this tenancy? (assuming he only give me one month notice before the end to leave)......or can he apply to the court pre-the expiry to arrange for me to leave on the expiry date?

 

....and if i have financially difficulty towards the end, can i just let the LL take the protected deposit as the last month rent? (whether he objects or not)......( i ask this, because the LL has stopped paying the mortgage over 2-3 months ago, so unlikely i will see my deposit returned after i leave)

Edited August 20, 2012 by confusedbunny

[The Carpet Cleaners]

Unless you are 2 months in arrears with rent, and do not breach the contract in any other way, then you are safe for the duration of the AST.

LL must give you 2 months notice to quit at all times. LL cannot pre-empt you, ie he has to give you NTQ before applying to the court for a repo order.... He can give you section 21 (NTQ) before the end of the AST for him to seek posession at the end of the AST, however if you do not move out at the end of the AST he then has to go to the court for a repo order (this can take up to 2 months or more). Then .....

If the judge grants the repo order you have further time to move out, and if you do not... LL has to got to court again to get the order enforced, both of these cost you more money though.

 

You are not supposed to use the deposit in lieu of rent, and LL should not be in posession of the deposit, and therefore not in a position to use it for rent..... However.... If I was certain that LL was going to keep it for no valid reason (ie the property was going to be handed back in the same condition (less wear and tear) that it was in when I moved in............. Then I would probably withold the last months rent, using the maxim that it is allowable to be used for any outstanding rent and damages.

[confusedbunny]

Unless you are 2 months in arrears with rent, and do not breach the contract in any other way, then you are safe for the duration of the AST.

LL must give you 2 months notice to quit at all times. LL cannot pre-empt you, ie he has to give you NTQ before applying to the court for a repo order.... He can give you section 21 (NTQ) before the end of the AST for him to seek posession at the end of the AST, however if you do not move out at the end of the AST he then has to go to the court for a repo order (this can take up to 2 months or more). Then .....

If the judge grants the repo order you have further time to move out, and if you do not... LL has to got to court again to get the order enforced, both of these cost you more money though.

 

You are not supposed to use the deposit in lieu of rent, and LL should not be in posession of the deposit, and therefore not in a position to use it for rent..... However.... If I was certain that LL was going to keep it for no valid reason (ie the property was going to be handed back in the same condition (less wear and tear) that it was in when I moved in............. Then I would probably withold the last months rent, using the maxim that it is allowable to be used for any outstanding rent and damages.

 

Thank you so much for this info. This is the exact info i needed for clarification so i can make my decisions.....many thanks