Landlord help please

mad_bad_spender · 17 January 2009 at 11:26AM

Hi there hope someone can help me!

I am in my first private rented property and need some advise. I signed a scottish short assured tenancy six months ago, the LL is now asking me to sign a new lease but as far as i was aware after the initial six months the lease just rolls on on a month to month basis which i would be happy with.

I am on housing lists etc so although i am happy where i am for the time being i dont really want to be tied in for another six months in case something comes up with the la etc.

The LL seems to really want to push this but hasn't given a specific reason for this.

Should i just stand my ground and say i dont want to sign a new lease and hope he doesn't ask me to leave?

The rent around here has fallen considerably since i signed the lease so i will not be willing for him to increase the rent at all and there are quite a few properties available so if he did ask me to leave i would be able to find somewhere but would rather not have the hastle. this also means i would have to sign another six month lease which is what i want to avoid though.

There are also repairs outstanding from when i moved in and i do not want to sign the lease for that reason also.

Any advise would be great as i dont know what to do here?

poppysarah · 17 January 2009 at 11:40AM

Tell the landlord you don't want to sign a new lease.

Give him a written list of outstanding repairs.

tbs624 · 17 January 2009 at 12:53PM

poppysarah wrote: »

Tell the landlord you don't want to sign a new lease.

Give him a written list of outstanding repairs.

I'm sure poppysarah doesn't intend to be so blunt, but following her suggestion is probably the quickest way to create further difficulties between you and your LL.

Even in England, a tenant doesn't have a "right" to insist on a periodic contract: it arises by law if the tenant doesn't move out/ if neither party make any request to the contrary but if the LL wants a new fixed term after the expiry of the first then the tenant can simply be given appropriate notice.

In this case, the OP is in Scotland, and the SAT may be subject to "tacit relocation" - which is where if proper notice is not given by either party prior to the expiry of the original FT then the contract continues under the same terms and for the same length of time as that original FT.

There are these possibilities : one - that TR does apply so you in effect have a further 6 month commitment anyway ,two - that the contract is clearly excluded from the doctrine of TR so that (a) the LL agrees to you continuing under a statutory tenancy (ie, month to month )(b) he asks you to sign the new FT contract or (c) he gives you/has given you appropriate notice to quit.

MB Spender - what does it say in your tenancy agreement about notice periods? Is there a clause stating whether or not tacit relocation is to apply? Is there any clause on rent increases?

If you have outstanding repairs issues, what have you done about them so far? What sort of "repairs issues" are you talking about? Did you notify the LL of them in writing?

LLs in Scotland have to be registered and the property has to meet certain minimum repairing standards. This came in under the Housing (Scotland ) Act 2006, and apllied from early Sept 2007 - if you are having real problems with repairs you can talk to the PRHP (Private Rented Housing Panel) and they can help you resolve these issues..

mad_bad_spender · 17 January 2009 at 1:49PM

Thanks for help.

I think the contract is six months and then on month to month thereafter which is how i assumed this would proceed, I dont want to have to be tied in another six months as my circumstances may change. I will dig out the contact and check the specifics though.

I have also found out that he is not registered with the local council. Does that affect me in any way?

The o/s repairs are the fire in the living room which has been switched off by the gas board as it was unfit for use (probably wouldn't use this anyway but he is waiting on this to be fixed before having the boiler serviced) there is also an issue with the hob in the kitchen needing replaced as this is broken and cant be fixed. I havent notified him in writing only by email and phone. But as things aren't by the book with regards to being registered would it make much difference putting these in writing?

He seems a nice guy and i dont want to stir things but i am really not sure where to go from here as i dont seem to have the ability to stick up for myself, i have had a bad few years and really lost my confidence and feel if he comes around i would just cave and sign the new lease.

Poppysarah, thanks for your advice, however if things were that easy i wouldnt be asking, i really need to know my rights and get some advise on how people would handle this situation.

tbs624, i will have a look at the lease but i do believe the TR does not apply, can he insist i sign a new lease? if i dont he would still have to give notice though wouldn't he?

tbs624 · 17 January 2009 at 2:23PM

mad_bad_spender wrote: »

I have also found out that he is not registered with the local council. Does that affect me in any way?

Him not being registered is a criminal offence - he can be prosecuted & fined up to £5K. However, some Councils will give a deadline by which he must get it sorted & can serve him with an RPN (rent penalty notice) which means that he cannot collect any more rent from you or anyone else until he *has* registered. Contact Shelter Scotland or your local Council LL reg dept for further advice, because from what you say this LL is failing you as his tenant on several issues.

mad_bad_spender wrote: »

The o/s repairs are the fire in the living room which has been switched off by the gas board as it was unfit for use (probably wouldn't use this anyway but he is waiting on this to be fixed before having the boiler serviced) there is also an issue with the hob in the kitchen needing replaced as this is broken and cant be fixed. I havent notified him in writing only by email and phone. But as things aren't by the book with regards to being registered would it make much difference putting these in writing?

Gas safety is paramount. Getting repairs issues in writing is about you having a clear "paper trail", so if you discuss by phone opr in person , write a follow up letter setting out your understanding of what both parties said.

mad_bad_spender wrote: »

He seems a nice guy and i dont want to stir things but i am really not sure where to go from here as i dont seem to have the ability to stick up for myself, i have had a bad few years and really lost my confidence and feel if he comes around i would just cave and sign the new lease.

tbs624, i will have a look at the lease but i do believe the TR does not apply, can he insist i sign a new lease? if i dont he would still have to give notice though wouldn't he?

It's not about him being a "nice guy" - some LLs are pretty good at seeming that way, whilst shirking their legal responsibilities. You do have to be given proper notice - again Shelter or your local Council private tenancies/LL reg team can help you.

cazscoob · 17 January 2009 at 2:30PM

AFAIK the month roll on is only by agreement with the landlord, this happend in our last property as we hated the house/area and wanted to move. we were only able to do this a few months and luckily found something else.

we are due to sign our next 6 months tomorrow with the LL as our 6 months are up and it will be for another 6 months, i am sure this is just standard. all you can really do is talk this over with your LL and explain you think rent is unfair esp when the repairs are not being carried put

Premier_2 · 18 January 2009 at 1:01PM

mad_bad_spender wrote: »

...
I think the contract is six months and then on month to month thereafter which is how i assumed this would proceed, I dont want to have to be tied in another six months as my circumstances may change. I will dig out the contact and check the specifics though....

You need to do that.

Afaik, in Scotland, if you fail to renew the TA (and there is nothing else in the TA to the contrary) then the TA is automatically renewed on the same basis, i.e. for another 6 months in this case.

http://scotland.shelter.org.uk/getadvice/advice_topics/renting_rights/renting_from_a_private_landlord/short_assured_tenancies

tbs624 · 18 January 2009 at 3:47PM

Premier wrote: »

You need to do that.

Afaik, in Scotland, if you fail to renew the TA (and there is nothing else in the TA to the contrary) then the TA is automatically renewed on the same basis, i.e. for another 6 months in this case.

"Tacit relocation" - see post 3: it's not if you "fail to renew", precisely because under the doctrine of TR automatic renewal is what happens.

It's if neither party gives appropriate notice of intention to end the tenancy at the original expiry date, or if there is no agreement from both parties to the tenancy continuing as a statutory tenancy or for a new agreement over a different period of time/at a different rent.

Premier_2 · 18 January 2009 at 4:49PM

You seem to be agreeing with me?

Perhaps you should have a lie down :rotfl:

mad_bad_spender · 18 January 2009 at 10:51PM

Thanks to everyone for their help. Looks like it will roll on for another six months then. If that is the case either the LL doesn't know this or he wants to make changes!

This is a nightmare as we had discussed six months and then month to month but i have noticed that the lease states six months only and doesnt mention "month to month thereafter" doh

I have an appointment with shelter next week regarding my local council and an appeal i have with them so i will discuss any q's with them while there

thanks again for all you help

Landlord help please

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