Tenancy agreement question

[t0mbop]

Hello,

 

My sister-in-law currently rents a property from an agent, which was initially based on a 6 month tenancy. The agreement was in writing, signed by both parties and expired on September 3rd 2014. She has not received any further tenancy agreements nor signed any additional paperwork since this time.

 

The original tenancy agreement, now expired, has it clearly written that "nil" deposit is/was required at the beginning of the tenancy. My sister-in-law has rented previous properties from this agent and I believe it was verbally agreed between the two that the deposit would be "ported" or similar from a previous property, but this certainly isn't in writing anywhere.

 

My sister-in-law, according to the terms and conditions of her expired tenancy agreement is not aloud pets without prior consent and an additional deposit sum. She has recently bought a puppy and not informed the agent (not her finest hour) and the agent has, in my opinion, fairly asked her to fill out a pet form and pay an additional sum of £250 to cover potential damages, which I believe is fair.

 

Now onto the crux of the problem. The house, even upon moving in, showed signs of damp. This has gradually worsened and on closer inspection looks like it's been present for some considerable time. Mould is growing on most downstairs walls and upstairs ceilings. In my non-expert opinion, it's not something you'd want to live in - and it stinks of it. After informing the agent and suffering complete inaction she approached environmental health who have conducted an inspection and deemed it in urgent requirement of remedial works, and has forwarded this to the agent. Following further inaction from the agent a subsequent visit from the environmental health man took place and additional letter(s) to the agent were sent.

 

The agent has since been in touch stating before any remedial works take place they require the agreed (apparently verbally) deposit of £1000 paid on a plan of £200 per month starting January 2015. This isn't in writing anywhere (I'm assured) and the original tenancy does indeed state "nil" deposit. My sister-in-law tells me that the agent told her they were unable to port the deposit from her previous property due to damages left making it unrecoverable, therefore a deposit falls due on this property as a result - again none of this in writing.

 

All that said, my sister-in-law is certainly no saint and doesn't tend to look after her properties. She has 6 children and lives off benefits so usually finding a house remotely suitable is problem, hence why this house was accepted - it was bigger than her previous.

 

What I'd like to know, is in people's opinions, is she owing of any deposit and does the agent have a "right" to demand it and indeed hold back any remedial works advised by environmental health. That said, I believe she's on a sticky wicket as she has no active tenancy agreement and I assume the agent isn't obliged to give her one, so perhaps rocking the boat could end up causing more trouble than good? That said she is family and I don't particularly want to see her in emergency housing or B&B's as a result of being evicted.

 

If anyone has some facts or advice that would be great.

 

Cheers

[mariner51]

She has a valid TA, termed a SPT.

If AST stated 'no deposit', then no deposit applies to this AST.

If deposit not repaid (after deductions or applied to rent owing), that is a matter between he and the LA/prevLL initially.

[t0mbop]

Ok that's very helpful, thanks for the terminology - makes sense now.

 

So this is the scenario as I understand it. Sister-in-law rents property 1 and pays a deposit. After a while she leaves property 1 and moves to property 2, with the same letting agent and as such the agent attempts to port the deposit from property 1 to property 2. As such, the AST signed and agreed by both parties for property 2 states "nil" deposit.

 

After a while it turns out, due to damages arising from property 1, the deposit isn't "portable" and as such a figure of £1000 is reached as deposit now due on property 2, not originally set out in the AST for property 2. Should this amount be payable at all, or should arrangement be met between my sister-in-law and the agent as contractually no deposit is due but she did incur damages from the previous property, so in terms of peace-keeping?

 

Also, does the agent have the right to withhold remedial works set out by environmental health until this "deposit" is paid in full?

 

Cheers

[Keyzer Soze]

The tenancy agreement remains in force even though it has expired. If the contract says zero deposit, then they can't ask for an additional amount. Environmental Health will take a dim view of the landlord withholding repairs pending an additional deposit.

 

That said, she is in breach of the tenancy by getting a dog and the landlord may decide to serve her with an eviction notice because of the hassle, especially if the house isn't being looked after. It's unfortunate, but retaliatory eviction is still allowed. Hope it works out.

[t0mbop]

So any previous properties let leading to unrecoverable deposits are unable to be pursued? Basically, what I "think" has happened is, a gentleman's agreement has taken place between the agent and my sister-in-law (as they're also friends apparently - or were) saying that I'll let you off the deposit on property 2 so long as I can recover the deposit from property 1, which turned out later down the line to be unrecoverable. Now the agent wants reimbursing but perhaps didn't have their business hat on when they signed the agreement on property 2. Also, I agree about the dog issue.

 

Thanks once again, you've both been very helpful.

[raydetinu]

was the deposit on property 1 protected? was the Agent the stakeholder and did they get a receipt for the deposit etc.

They just cannot keep the first deposit without your agreement or the scheme approval?

 

 

If the contract says nil deposit for property 2 then that's it, no deposit required! so they should find out what happened to the original deposit and possibly sue the LL for it.

If they wish to impose a new deposit for the pet, you must agree this in writing, this deposit must be protected as soon as they receive it.

However it would be likely the LL may issue a section 21 notice to save the hassle about that and the repairs etc.

Has the property got a gas safe certificate, and an EPC? both required by law.

[t0mbop]

Hello,

 

I'm not sure whether property 1's deposit was protected to be perfectly honest. I've just received some pictures from sister-in-law and to be honest I'm in shock. White fur is growing on the mould on the walls and ceilings in most rooms. They've just moved some wardrobes in one of the bedrooms and they've rotted through due to the moisture and begun growing fur also.

 

There's a part of me that's gagging to start letter-writing to the agent, Landlord, Environmental Health and anyone else I can think of, formally written with photo's and the full story in an attempt to get something done as my sister-in-law tends to do things by text message and you only get her side of events. There's kids in the house that constantly have chest infections and cough's which I think is partly down to the living conditions. Due to the amount of children she has (6) it's very difficult to find alternative accommodation given the sub-prime benefits world she lives in, but I'm really beginning to think something needs to happen and quickly.

 

This said, I'm conscious of what you said about the Section 21, the Landlord may just say sod it and get her out, leaving her effectively homeless or in emergency housing which may just exacerbate the problem. What's one to do?

 

Any advice on what action to take would be appreciated. Bearing in mind Environmental Health have already visited and insisted remedial works are done however the agent (not the actual Landlord - we don't know him/her) is reluctant to do any works because of the alleged outstanding deposit as mentioned in the first post.

 

I'm a bit stuck for what to do.

 

Cheers

[Keyzer Soze]

What are EH doing? Have they served an enforcement notice on the owner? If so, under what legislation? Housing Act 2004 would probably be the most appropriate and they should be looking at doing a full inspection of the property to assess it under the Housing Health and Safety Rating System, if they haven't done so already. Non payment of rent or deposit is not an appropriate defence.

 

L/L may decide to start eviction proceedings, but they can't continue living in those conditions. Shelter should be able to help her out or maybe her council homelessness unit.

[t0mbop]

Not an appropriate defense for whom?

 

Environmental Health have already performed an inspection and advised on necessary remedial works which the agent/LL is unwilling to carry out allegedly until this deposit scenario is resolved. As I've said the written and signed TA states nil deposit, because my sister-in-law moved from property 1 to property 2 both with the same agent, but not necessarily with the same LL, I believe a gentlemen's agreement was reached between the agent and my sister-in-law to "port" the deposit from property 1 to property 2. That would explain the "nil" deposit figure on the TA for property 2. That said, sister-in-law left property 1 in a poor state, I believe resulting in the retention of the deposit thus leaving the agent to probably pay the deposit for property 2 and "claim it back" off sister-in-law. It's for this reason we've advised her to make every attempt not to sour relations in an attempt to prevent retaliatory eviction and hopefully commence remedial works.

 

What a mess!

[Keyzer Soze]

Sorry, should have been clearer. Not a defence for the landlord. It is a mess, and I've seen a few of these types of cases. Landlords normally take the path of least resistance, hassle and expense.

[t0mbop]

Whilst I don't agree with the premise I can understand, which is sad.

 

Sister-in-law is off down EH this morning again armed with the above questions, but I sense this doesn't have an easy resolve.

 

Thanks everyone.