Where do I Stand as a Tenant?

oligopoly · 6 June 2007 at 1:27PM

Hi,

Myself and 3 others are on an assured shorthold contract which ended middle of May. We verbally agreed to stay until the end of May and then sign a new 12 month contact at the start of June. The letting agents now want us to pay bills on top of rent (which were previously included in the rent), which as you know could push the total rent up by £50-100 per person. There was no mention of this at the time of agreeing to discuss a new contract. All negotiations with the agents have since failed.

They also said the landlord is refusing to carry out any maintenance work (walls need replastering, mould/damp in bathrooms, etc).

They want us to sign the new contract in the next couple of days or leave the property immediately.

Where do we stand?

scrummy_mummy_2 · 6 June 2007 at 1:49PM

Sounds like you've not really got a (solid) leg to stand on....
at the end of the AST you and your friends originally signed that you agree to surrender the house back to the landlord on the last day of the contract period...unless a new AST is agreed or it is agreed that you can continue your tenancy on a periodic (month to month) basis....but this new contract would be by mutual agreement.
On the surface of it, from what you have said, I take it that you discussed in principle with the agent that you would like to continue on another AST at the end of this current one but that the Terms of a new AST were not raised by either party and you assumed that they would be the same.
The Landlord can vary the Terms of his contract when it comes up for renewal, (such as the rent he wants, what he will pay for, services etc) which he is what he has chosen to do in your case.....if you don't like the new Terms, you will have to move out particularly if he won't discuss them or vary them for you.
Your options are:
1. Move out as soon as you can and settle up rent and bills pro rata accordingly.
2. Hang in there and wait for him to evict you which will give you some time but will result in court action against each of you and he'll get his costs back from you.
Bottom line....ALWAYS check Terms each time you renew a contract or agree to enter into one.
NEVER ASSUME...assuming makes an !!! oUt of you and ME

oligopoly · 6 June 2007 at 1:59PM

Thanks for the quick reply.

sounds like we will either have to agree to the rent increase by way of paying bills or leave pretty soon! I have heard about the 2 month notice requiring possession, but it sounds like this notice occurred during the original contract ??

this would buy us time to find a new property while continuing to pay rent at this one - but it seems like this would no longer be an option - and we wouldnt want to risk legal action.

any other thoughts would be appreciated.

cheers

becky_rtw · 6 June 2007 at 2:28PM

Hi There oligopoly,

Sorry this is happening to you - but unfortunately the 6 month agreement ends on that date so there is no two months notice required.

I cant understand why they want you to go onto to another AST though - you usually move onto a periodic automatically. I get the feeling the agent and landlord are a bit dogdy - frankly you are better off moving out.

Can any landlords clarify if the non maintenance thing is legal (surely thats an illegal clause)?

Also where abouts do you live? I'm MSE peeps can find you some accommodation finding help.

Eyesparky · 6 June 2007 at 2:40PM

becky_rtw wrote: »

I cant understand why they want you to go onto to another AST though - you usually move onto a periodic automatically. I get the feeling the agent and landlord are a bit dogdy - frankly you are better off moving out.

It could be that the landlord wants a new 12 month AST to keep the BTL lender happy ... particularly if margins on his rental cover are tight. Otherwise the landlord may be about to stick the property up for auction with a 12 month AST in place:).

There has been an uplift in domestic rentals across the country due to interest rate increases. The whole thing could be an innocent attempt by the landlord to cover costs and provide a level of cash flow security.

The OP needs to decide if they like the house enough to pay the new rental price or not considering the market conditions for alternative rentals.

silvercar · 6 June 2007 at 2:41PM

You could argue that by agreeing to stay on the tenancy has gone periodic, you certainly should not be expected to pay bills on top of rent from the date the contract ended until you leave as this has not been agreed.

If the landlord wants you to leave, after allowing you to stay beyond the original contracts end date, then he needs to give you 2 months notice. Similarly, any increase in rent requires you to have been given notice.

This all seems very shoddy behaviour. Increases in rent require notice. The whole idea of one contract ending and then having a gap and then a new contract seems strange. What is your status during the gap? You are not under the original contract so I would presume the contract has become periodic, in which case notice periods apply.

The only positive thing is wanting another AST this gives security for you and your landlord.

oligopoly · 6 June 2007 at 3:03PM

thanks for the replies, guys. i am in southampton. the house is nice enough (despite it seemingly falling apart gradually!) - it is more the hassle of moving out, waiting and then moving in somewhere else.

If the landlord wants you to leave, after allowing you to stay beyond the original contracts end date, then he needs to give you 2 months notice. Similarly, any increase in rent requires you to have been given notice.

this is interesting and similar to what my housemate thought. can anyone confirm this?

at the moment neither us nor the agency really seems like they know what is going on - they are waiting for us to sign a new contract. we were happy to do so until we received a letter stating that we will now have to pay bills.

i have tried calling Citizens Advice Bureau for advice but cant get through...

confusing!

olly300 · 6 June 2007 at 3:31PM

oligopoly wrote: »

i have tried calling Citizens Advice Bureau for advice but cant get through...

confusing!

Go to shelter.org.uk read the stuff on their site for England and contact them. As you are not an emergency you can email them for advice.

They are the housing (charity) specialists who give good advice.

lynzpower · 6 June 2007 at 3:33PM

silvercar wrote: »

You could argue that by agreeing to stay on the tenancy has gone periodic, you certainly should not be expected to pay bills on top of rent from the date the contract ended until you leave as this has not been agreed.

If the landlord wants you to leave, after allowing you to stay beyond the original contracts end date, then he needs to give you 2 months notice. Similarly, any increase in rent requires you to have been given notice.

This all seems very shoddy behaviour. Increases in rent require notice. The whole idea of one contract ending and then having a gap and then a new contract seems strange. What is your status during the gap? You are not under the original contract so I would presume the contract has become periodic, in which case notice periods apply.

The only positive thing is wanting another AST this gives security for you and your landlord.

this is EXACTLY what I thought.

theyve let the TA expire so naturally it turns into a periodic.

daisyroots_2 · 6 June 2007 at 3:40PM

I agree with silvercar - surely this AST has gone periodic ? How about approaching ARLA (Assoc of Residential and Letting Agents) ? Whether or not your Letting Agent is a member, they will be familiar with the Law on Letting and may be able to point you in the right direction.

Guy_Montag · 6 June 2007 at 4:08PM

I'm with Silvercar, Lynz & Daisyroots - regardless of what you & your LA agreed verbally, since no-one seems to know what they're doing I think your contract can be considered to have gone periodic. That means two months for a rent rise & two months notice.

That's the "fighting" position I would take with the LA; then I'd start negotiating.

Good luck.

Where do I Stand as a Tenant?

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