Agency wants me to sign a new tenancy agreement after many years.

[BIGLOUIS]

I have been on a periodic tenancy for many years. For some time I have been aware that the agent had not protected my deposit retrospectively as required by the 2015 Deregulation Act. I kept this to myself.

 

The agent has now suddenly asked me to sign up for a 6 month AST and has sent the deposit I paid to the DPS. I have not signed the agreement. My understanding is that if I do then the protection of the deposit coinciding with the new AST would wipe out the non complience for the previous tenancy. As it stands the no compliance would invalidate a section 21 unless my deposit were returned. And I do not have to accept the deposit back. The document I have been asked to sign is also back dated and would not give me a full 6 months AST - only 5 1/2 months.

 

When I took thei up with the LL she said agent had told her that they HAD to do this in order to raise the rent however that is a lie. The rent had been raised at intervals during the periodic tenancy simply by issuing the required notice and I have never disputed it.

 

I am reuctant to sign this new agreement because it contains much more restrictive clauses than the one I originally signed.

 

What is the situation if I tell the agent I do not believe that its in my interest to sign a new agreement and prefder to allow things remain as they are?

[unclebulgaria67]

That is a difficult technical question to answer, without knowing if the original contract allowed for LL/Agent to issue new tenancy to fix issues in the original contract.

 

In theory yes, if you have had a contract for over 6 years, then there has been acceptance by all parties, in regard to the contractual terms that apply to the tenancy of the property. And unless the original contract had a clause allowing for a new contact to be issued in replacement of the original, then you might reject the new contract to stop being disadvantaged.

 

What terms are in the original contract regarding issuing new contract or varying some of the terms ?

 

 

 

 

[BIGLOUIS]

It was so long ago that I dont recall. The original tenency began about 2002 and I dont believe I still have copies of that tenency agreement.

 

The agent has also done some seriously dodgy things with regard to an EIRC certificate. Their electrician arrive (without any tools) supposedly to carry out the check last year. He left 17 minutes later. We have time stamped photos of him arriving and leaving. IHe stood there laughing and joking about how much a rewire was going to cost the LL - about 4-6 K. NDespite the fact that he checked nothing and carried out no work he subsequently issued a certificate to state that he had done all the checks and that the existing wiring needed to be replaced.

 

On my advice the LL got another electrician to come in and carry out the checks. He took nearly 2 hours which would be average for that size house. He subsequesntly issued a certificate that the wiring was adequate but the consumer unit needed replacement. This work was subsequently done. So I saved the LL quite a few thousand by insisting she get another opinion.

 

The agent send me several documents to sign for as part if the new tenancy. The EIRC certificate was the fake one! I signed to say I recieved the documents then in the confusion the staff member put them back in his folder and took them away. So I was bamboozled into signing for something I had not received.

 

When I immediately broght this to the attention of the agent he said of well let us know when you ahve signed the new tenancy and I will send my colleague back with the documents and collect it.  I havnt signed anything yet.

 

However the point you made in your posting about the periodic tenancy is that it has run for about 20 years without the apparent need for a new one with more restrictive clauses.

[BIGLOUIS]

I will have a look to see if I can find the original contract.

 

In the meantie I am just going to play dumb and not sign anything. Im less concerned about the terms of the contract than that the sneaky agent has only just relaised his error in respect of protecting the deposit and is trying to cover his ass.

[BIGLOUIS]

Sory about the typos. I am 78 years old, disabled with arthritis and my typing is not what it was. However my brain is still here. If they put pressure on my I have rights under the Equality Act.

[Ethel Street]

I think you might struggle to show how the agent's actions were age or disability discrimination under the Equality Act. What did you have in mind?

[stu007]

Hi

 

I can see where you are coming from in them not complying with legislation that Tenancy Deposits had to be protected by a certain time which legally they should have done.

 

1. At the legal time your Tenancy Deposit should have been protected by legislation was it the same Letting Agent managing the Property?

 

2. As the Letting Agent has now Protected the Deposit have you been given a copy of the Prescribed Terms of that Tenancy Deposit Scheme as Legally required? (if not then they are still in breach as it is a legal requirement and you can ask them for a copy of these Prescribed Terms)

 

3. As they don't like to give you copies of document then you write a Subject Access Request (SAR) to them asking for 'ALL DATA' that little phrase covers whatever format they hold your DATA in whether it written, emails, recorded phone calls etc. they then have 30 Calendar day to respond on acknowledgment of your request. (this way you will be able to see exactly what info they hold on you down to your original agreement)

 

4. If you don't sign that new agreement it just become a rolling agreement and the original terms of your previous agreement still stand.

 

5. As for the well shoddy/fake Electrician that came out you can contact the Private Landlords section of your Local Council to make them aware of this and it was you that had to complain to the letting agent of this incompetent individual they sent so a further inspection could be done by a competent individual that was qualified. (make the council aware of the letting agents or keep it to use against the letting agent at a latter stage)

 

6. I do hope you have also been given a copy of the 'How to Rent Checklist' (letting agent should have given you a copy of this)

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

How to rent - GOV.UK

WWW.GOV.UK

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This guide is for people who are looking for a house or flat to rent.

 

 

Have a wee look at our Private Renting area here on CAG:

 

 

[BIGLOUIS]

To answer your observations in turn:-

 

#1 Yes it was the same letting agency. Im aware of the 2015 Deregulation act and they had until 2018 to retrospectively protect the deposit and did not do so within the required time frame.

 

#2 No they have not given me a copy of the required particuloars of the DBS. Instead I got an email from the DBS but of course the agent had no way of knowing that I actually received that email.

 

#3 yes I am aware of subject access requests and will beep that in mind for a later date.

 

#4 I have not signed the new contract because I was previously on a rolling contract. The new contract has much more restrictive terms which are to my disadvantage and does not offer me anything. When I spoke to the LL about it she told me that they (agents) had told her that they cannot raise the rent unless I sign. I think you and I know that’s bovine excrement. How did they raise the rent before? The LL thinks the agent knows best in all matters and just wants to lay back from any kind of dispute.

 

#5 I will note your advice about the dodgy electrician. It is just one example of maladministration and mismanagement by the agent. They tried to extort money ($950) from me for replacement of a 20 year old bath that had an intermittent history of leaking water into the room below. When the (new) contractor took out the bath he found evidence of faulty workmanship by the previous contractor which had led to the leaks and the pipes were mouldy, indicating there had been water leaking for years.

 

#6 agents sent a young chap with a copy of the how to rent booklet, the dodgy EICR, the gas safety certificate and the energy certificate. I signed for them and then he put them back in his folder and took them away. I only realised that after he had gone and I don’t think it was “intentional”. When I emailed the agent to say that I had signed for something I had not received and therefore the documents were not properly served he said “ok I will send them back when he comes to collect the signed contract.”

 

I understand there is now another version of the How to Rent booklet out and it has to be the latest that s issued to me.

[stu007]

Hi

 

1. It all depends when the Tenancy Deposit was paid if you paid a deposit before 6th April 2007 or after that date but the lat time limit
for making sure they were protected in a relevant deposit schem was by 23rd June 2015 any deposit paid after that date had to be protected 
in a Tenancy Deposit Scheme.

 

So even though they have now Protected The Deposit it is some years too late and could have been in that Letting Agents Bank Account over
those years collecting interest for that Letting Agent as all you would get back is your Deposit partly why they need to be protected in a Tenancy
Deposit Scheme.

 

It is always best to try and negotiate directly with the Landlord (not the Letting Agent) and in writing about the failure to protect the Deposit as 
required before even considering going via the courts as the buck for this error stops directly with the Landlord as the Letting Agents are acting on behalf of the Landlord.

 

Tenancy deposit protection rules - Shelter England

ENGLAND.SHELTER.ORG.UK

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Landlords who fail to protect an assured shorthold tenancy deposit can lose their right to evict and face court claims for compensation

 

Taking your landlord to court if they haven’t followed the deposit rules

WWW.CITIZENSADVICE.ORG.UK

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Find out if you can take your landlord to court and get compensation of 1 to 3 times your deposit if they haven’t protected it or given you the right...

 

2. Write to the Letting Agent informing them that they are in breach of the Tenancy Deposit Scheme as they had until XX/XX/XXXX to protect your Deposit in a Tenancy Deposit Scheme and failed to do so until XX/XX/XXXX and to date even though the Deposit is now Protected in a Tenancy Deposit Scheme you have failed to provide me with a copy of the Prescribed Terms of that Tenancy Deposit Scheme therefore are still at present in breach of the Tenancy Deposit Scheme and require to be provided with a copy of the Proscribed Terms of that Tenancy Deposit Scheme.

How to rent Booklet link:(Last updated 24 March 2023)

 

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

How to rent - GOV.UK

WWW.GOV.UK

---

This guide is for people who are looking for a house or flat to rent.

 

 

[BIGLOUIS]

Ok I found my original tenency agreement and it does not have any clause about a new tenancy agreement requiring to be issued. I came into the property before 2007 and no new tenancy agreement had ever been mentioned in that time. So arguably the terms under which I signed have been agreed by all parties and I am unwilling to sign anything which is to my disadvantage.

 

I still have not signed the agreement so no new tenancy agreement is currently in place and I  have not yeat heard back from the agent. Its not my responsibility to do their job for them and remind them that I have not signed. If they come back to me I am going to say that I have studied the document but feel it is to my disadvantage to sign and will not be doing so. If they put pressure on me to do so I am going to say that I have sent the document and information regarding protection of my deposit for "further advice". The agent knows he has done wrong and that might scare him into quietly dropping the matter. Especially if there is mention of non complience and the consequences if this information is shared with legal and regulatory bodies. My information is that they have to belong to one of two regulatory schemes and the late protection (as well as all the other dodgy stuff) would not be a good look for them.