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    • MattyK
    • By MattyK 21st Sep 16, 10:41 AM
    • 10Posts
    • 4Thanks
    MattyK
    Help! Can they do this?
    • #1
    • 21st Sep 16, 10:41 AM
    Help! Can they do this? 21st Sep 16 at 10:41 AM
    I moved into a rented flat in late July. They were very vague about what sort of tenancy agreement they were offering and kept saying "it's flexible for up to 3 years." It all had to be signed electronically so I didn't get to see a copy until I'd already paid my money. It turns out it is an Assured Shorthold Periodic Tenancy.

    The leasing company turned out to be terrible and as a direct result of me asking for various repairs to be done, they have served me with a Section 21 Notice and told me they want me out within 2 months. However, a colleague has mentioned that you cannot be turfed out during the first 6 months of a new tenancy.

    Anyone know what the deal is?
Page 2
    • MattyK
    • By MattyK 21st Sep 16, 7:42 PM
    • 10 Posts
    • 4 Thanks
    MattyK
    "For tenancies after October 1st 2015 a valid Section 21 can only be given when the tenant has been provided with a copy of a valid EPC, Gas Safety Certificate and the most recent version of How to rent: The checklist for renting in England. This should all be provided at the start of the tenancy."

    EPC does not invalidate a s.21 notice afaik

    But that's by the by
    Originally posted by Guest101
    • Mrs Imp
    • By Mrs Imp 21st Sep 16, 10:46 PM
    • 943 Posts
    • 1,549 Thanks
    Mrs Imp
    He wants you out, you probably don't want to be there. You could try suggesting to him that you'll surrender your tenancy in exchange for all your fees, and deposit back.
    • Guest101
    • By Guest101 21st Sep 16, 11:08 PM
    • 11,231 Posts
    • 10,554 Thanks
    Guest101
    "For tenancies after October 1st 2015 a valid Section 21 can only be given when the tenant has been provided with a copy of a valid EPC, Gas Safety Certificate and the most recent version of How to rent: The checklist for renting in England. This should all be provided at the start of the tenancy."
    Originally posted by MattyK
    Thanks stand corrected
    • MattyK
    • By MattyK 22nd Sep 16, 11:55 AM
    • 10 Posts
    • 4 Thanks
    MattyK
    This is off topic but I have just seen one of the temps who works in this building carrying a sort of sheet with hooks on it, each hook containing the keys to one of the flats in the building. She propped it against the wall in an unlocked cubbyhole close to the reception desk. I asked her if that's where they keep all the keys and she said, "for now. We're running out of space."

    I've been told that changing the locks to the flat is an "offence" that would result in court action. But I feel so unsafe.
    • Guest101
    • By Guest101 22nd Sep 16, 12:09 PM
    • 11,231 Posts
    • 10,554 Thanks
    Guest101
    It's not a criminal offence, so feel free to change the lock.


    The worst case is they find out and ask you to change it back
    • Pixie5740
    • By Pixie5740 22nd Sep 16, 12:12 PM
    • 8,401 Posts
    • 11,008 Thanks
    Pixie5740
    Potentially it could end up in court depending on what your tenancy agreement says about locks and more crucially if your landlord ever finds out. That's not to say if it did end up in court that you would be forced to change them back. It's very simple to change the barrel of a lock, plenty of YouTube videos showing you how.

    If your landlord wants you out then you could be in a strong negotiating position as the only way he's getting you out of there any time soon is by you agreeing to a mutual surrender.

    Do you know if the council requires landlords in the area to be registered/licensed? Might be worth checking out.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • pmlindyloo
    • By pmlindyloo 22nd Sep 16, 12:51 PM
    • 9,764 Posts
    • 11,490 Thanks
    pmlindyloo
    This is off topic but I have just seen one of the temps who works in this building carrying a sort of sheet with hooks on it, each hook containing the keys to one of the flats in the building. She propped it against the wall in an unlocked cubbyhole close to the reception desk. I asked her if that's where they keep all the keys and she said, "for now. We're running out of space."

    I've been told that changing the locks to the flat is an "offence" that would result in court action. But I feel so unsafe.
    Originally posted by MattyK
    Out of interest (and just in case it makes any difference) what kind of accommodation are you living in?

    Sounds more like a hotel with serviced flats!!!!!!!!!!!
    • G_M
    • By G_M 22nd Sep 16, 1:03 PM
    • 35,999 Posts
    • 39,360 Thanks
    G_M
    "For tenancies after October 1st 2015 a valid Section 21 can only be given when the tenant has been provided with a copy of a valid EPC, Gas Safety Certificate and the most recent version of How to rent: The checklist for renting in England. This should all be provided at the start of the tenancy."
    Originally posted by MattyK
    2015 No. 1646
    LANDLORD AND TENANT, ENGLAND
    The Assured Shorthold Tenancy Notices and Prescribed
    Requirements (England) Regulations 2015

    Made - - - - 7th September 2015
    Laid before Parliament 9th September 2015
    Coming into force - - 1st October 2015

    Regulation 2 prescribes certain requirements for the purposes of section 21A of the Act (compliance with prescribed legal requirements): these are the requirement to provide tenants with an energy performance certificate under regulation 6(5) of the Energy Performance of Buildings (England and Wales) Regulations 2012 and the requirement to provide tenants with a gas safety certificate under regulation 36 of the Gas Safety (Installation and Use) Regulations 1998.

    However, the requirement to provide tenants with a gas safety certificate is limited to the requirement on a landlord to give a copy of the relevant record to the tenant and the 28 day period for compliance with that requirement does not apply.

    The “no fault” eviction procedure for assured shorthold tenancies is not available to landlords at a time when either of the requirements has not been complied with.
    S21 Notice (Form 6a) & PI
    • MattyK
    • By MattyK 22nd Sep 16, 2:00 PM
    • 10 Posts
    • 4 Thanks
    MattyK
    To change the lock barrel, do you have to use the exact same cylinder (same brand) that's already in place? I looked up the current cylinder and it's a very specialist one that appears to not be sold in any shops and has to be specially ordered

    Potentially it could end up in court depending on what your tenancy agreement says about locks and more crucially if your landlord ever finds out. That's not to say if it did end up in court that you would be forced to change them back. It's very simple to change the barrel of a lock, plenty of YouTube videos showing you how.

    If your landlord wants you out then you could be in a strong negotiating position as the only way he's getting you out of there any time soon is by you agreeing to a mutual surrender.

    Do you know if the council requires landlords in the area to be registered/licensed? Might be worth checking out.
    Originally posted by Pixie5740
    • Guest101
    • By Guest101 22nd Sep 16, 2:06 PM
    • 11,231 Posts
    • 10,554 Thanks
    Guest101
    To change the lock barrel, do you have to use the exact same cylinder (same brand) that's already in place? I looked up the current cylinder and it's a very specialist one that appears to not be sold in any shops and has to be specially ordered
    Originally posted by MattyK


    Whats the brand?


    Usually the main consideration is the length of the cylinder
    • Pixie5740
    • By Pixie5740 22nd Sep 16, 2:24 PM
    • 8,401 Posts
    • 11,008 Thanks
    Pixie5740
    Out of interest (and just in case it makes any difference) what kind of accommodation are you living in?

    Sounds more like a hotel with serviced flats!!!!!!!!!!!
    Originally posted by pmlindyloo
    That's a bloody good question pmlindyloo. OP, is this a self-contained flat you are renting or a served apartment?
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • Pixie5740
    • By Pixie5740 22nd Sep 16, 2:24 PM
    • 8,401 Posts
    • 11,008 Thanks
    Pixie5740
    Can you post a photo of the lock?
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • MattyK
    • By MattyK 22nd Sep 16, 2:45 PM
    • 10 Posts
    • 4 Thanks
    MattyK
    It's a normal self contained flat. It's in a new build purpose built building which has a concierge desk etc. No form of servicing. This sort of set up is standard for new buildings going up in London.

    Potentially it could end up in court depending on what your tenancy agreement says about locks and more crucially if your landlord ever finds out. That's not to say if it did end up in court that you would be forced to change them back. It's very simple to change the barrel of a lock, plenty of YouTube videos showing you how.

    If your landlord wants you out then you could be in a strong negotiating position as the only way he's getting you out of there any time soon is by you agreeing to a mutual surrender.

    Do you know if the council requires landlords in the area to be registered/licensed? Might be worth checking out.
    Originally posted by Pixie5740
    That's a bloody good question pmlindyloo. OP, is this a self-contained flat you are renting or a served apartment?
    Originally posted by Pixie5740
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