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  • FIRST POST
    • JackJones456
    • By JackJones456 7th Feb 18, 12:33 PM
    • 14Posts
    • 5Thanks
    JackJones456
    Assured Shorthold Tenancy Problem
    • #1
    • 7th Feb 18, 12:33 PM
    Assured Shorthold Tenancy Problem 7th Feb 18 at 12:33 PM
    Please can anyone advise me?

    In September 2017 I signed a 12 month Assured Shorthold Tenancy agreement with Estate Agent/Landlord for a private letting. I have 3 children, 2 of which are disabled and in receipt of DLA. All children are settled into the local school with the 2 disabled children being supported by teaching assistants.

    I am also the DWP appointee for my mum who is in social housing (small 2 bed bungalow) 2 minutes from where I live as I am her full time carer.

    I have never missed a rent payment everything has been paid by direct debit every month since my move.

    I do have to say that I am having to 'top up' the rent by £150 per month which is a struggle.

    The Estate Agent called me yesterday and told me that the Landlady wants to sell the property I am renting and that he will be serving a Section 21 Notice on me shortly. I have only been in the property since end September 2017 and the tenancy is for 12 months. I am absolutely shocked and upset to say the least.

    I've been in touch with social housing who are going to get back in touch with me in the next 2-3 weeks. I have also spoken to Shelter. Shelter told me that if I move out upon receipt of Section 21 then the council will consider me as being intentionally homeless.

    I am worried sick as I need to stay in the local area as I have to care for my mum and also my 3 children are established in the local school.

    I have read my Assured Shorthold Tenancy agreement and there are no clauses about the Landlady breaking the tenancy, I am not in breach of my tenancy. I am worried sick. I would really like to be socially housed as I had to move previously when my tenancy came to an end as my other Landlord wanted to sell the property.

    All this disruption is unsettling and I have had to tell the children a little lie that I am thinking of moving as the house is too small as they are too young to hear this news.

    Please can anyone advise me, do I just sit it out and make the Landlady get an eviction in the Court as otherwise the council will say I have made myself intentionally homeless. The thought of living in a hostel is worrying and it has been said that if I don't agree to a hostel they may put my kids in care! One child is autistic the other is under CAHMS, Please advise me.
Page 2
    • harrys dad
    • By harrys dad 8th Feb 18, 4:04 PM
    • 1,865 Posts
    • 2,121 Thanks
    harrys dad
    Letting agents are not worth the paper they are written on.
    • theartfullodger
    • By theartfullodger 8th Feb 18, 5:10 PM
    • 9,323 Posts
    • 12,404 Thanks
    theartfullodger
    .... I have advised the local Council and they said they will peruse the S21 when I receive it and will challenge the Agent about it.

    .....
    Originally posted by JackJones456
    Yes, get council to check s21 (or use this to check it..)
    https://markprichard.co.uk/content/documents/170522-Section-21-checker-tool.pdf

    - but don;t "challenge agent" about it. The longer it takes them to realise it's invalid, the longer it will take them to work out what they can do to evict you.. .....
    • deannatrois
    • By deannatrois 8th Feb 18, 5:33 PM
    • 5,117 Posts
    • 7,186 Thanks
    deannatrois
    If that was true, no contract in the world would be useful. Obviously not the case. Sometimes there are problems with unclear or unfair clauses but these normally work in the tenants favour as it is generally considered that decisions should fall in favour of the signee of the contract rather than the person who issued it.

    Sounds like the LA are used to strong arming tenants or very very ignorant. Or both.

    I am afraid an eviction on S21 can not be prevented in the end, but you can predict and plan the process which gives you a small amount of control. The more stupid the LA/LL are, the longer you will have. The LL may have this stupid LA telling them the same erroneous information, so they may feel they can do more than they legally can.
    • JackJones456
    • By JackJones456 8th Feb 18, 6:54 PM
    • 14 Posts
    • 5 Thanks
    JackJones456
    Thanks again for the replies. I will write the wording of the contract with dates and length of the agreement tomorrow when I have some spare time.
    • JackJones456
    • By JackJones456 9th Feb 18, 12:55 PM
    • 14 Posts
    • 5 Thanks
    JackJones456
    This is the AST Agreement as requested by G_M - sorry it is very lengthy but everything in my tenancy agreement is contained as follows:-

    Assured Shorthold Tenancy Agreement for letting a residential dwelling

    Important Notes for Tenants
    This tenancy agreement is a legal and binding contract and the Tenant is responsible for payment of the rent for the entire agreed term. The agreement may not be terminated early, unless the agreement contains a break clause, or written permission is obtain from the Landlord
    Where there is more than one tenant, all obligations, including those for rent and repairs can be enforced against all of the tenants jointly and against each individually. Where the tenancy is subject to deposit protection then joint tenants may have to nominate a lead tenant to act on their behalf with the Landlord or Tenancy Deposit Scheme provider or their alternative dispute resolution service provider.
    If you are unsure of your obligations under this agreement, then you are advised to take independent legal advise before signing.
    General Notes
    1. This tenancy agreement is for letting furnished or unfurnished residential accommodation on an assured shorthold tenancy within the provisions of the Housing Act 1988 as amended by Part III of the Housing Act 1996. As such, this is a legal document and should not be used without adequate knowledge of the law of landlord and tenant.
    2. Prospective tenants should have an adequate opportunity to read and understand the tenancy agreement before signing in order for this agreement to be fully enforceable.
    3. This agreement may be used for residential tenancies of three years or less. Agreements for tenancies of a longer duration should be drawn up by deed.
    4. Section 11, Landlord and Tenant Act 1985 - these obligations require the Landlord to keep in repair the structure and exterior of the dwelling, and to keep in repair and proper working the installations for the supply of water, gas and electricity and the installations in the Property for space heating and heating water.
    5. Section 196 of the Law of Property Act 1925 provides that a notice shall be sufficiently served if sent by registered or recorded delivery post (if the letter is not returned undelivered) to the Tenant at the Property or the last known address of the Tenant or left addressed to the Tenant at the Property.
    6. This agreement has been drawn up after consideration of the Office of Fair Trading's Guidance on Unfair Terms in Tenancy Agreements.
    7. If you accept a tenancy deposit under this tenancy, it must be dealt with in accordance with the statutory rules under sections 212-215 of the Housing Act 2004 as amended by the Localism Act 2011. Take advice if necessary.
    8. Where the tenancy becomes a periodic tenancy at the end of the fixed term period the tenant is required to give at least 28 days' notice (or one month in the case of a monthly tenancy) in writing to end the tenancy, The notice must end on the first or last day of a period of the tenancy in accordance with the common law rules. The landlord is required to give a least two months' notice in accordance with the statutory rules prescribed by Section 21 of the Housing Act 1988.

    THIS AGREEMENT is made on the date specified below BETWEEN the Landlord and the Tenant. It is intended that the tenancy created by this Agreement is and shall bean assured shorthold tenancy within the meaning of the Housing Acts.

    Date XX September 2017
    Landlord(s) XXXX
    Landlord'(s )Agent XXXXXXX
    Note: Under s.48, Landlord and Tenant Act 1987, notices can be served on the Landlord at the above address.
    Tenant(s) XXX - ME
    Tenant(s) Email (see clause 12.4) XXXXXXX
    Property: The dwelling known as XXXXXXXXXXX
    Contents: The fixtures and fittings at the Property together with any furniture, carpets, curtains and other effects shown in the photographic inventory.
    Term: For the term of 12 Months commencing on 27 September 2017
    Rent: £XXX per Month
    Payment: in advance by equal payments on the 27th day of every Month
    Deposit: A deposit of £XXXXX is payable on signing this Agreement. It is protected by the following scheme
    My Deposits - (I AM NOT ALLOWED BY FORUM RULES TO PUT THE SITE)

    1.
    The Landlord agrees to let and the Tenant agrees to take the Property and Contents for the Term at the Rent payable above,
    2.1 Deposit. The Tenant pays the Deposit as security for the performance of the Tenant's obligations and to pay and compensate the Landlord for the reasonable costs of any breach of those obligations. It is specifically agreed that this money is not to be used by the Tenant as payment for any rent due under this Agreement. No interest shall be payable on this Deposit. The balance of the Deposit to be paid to the Tenant as soon as reasonable possible after the conclusion of the tenancy, less any reasonable costs incurred for the breach of any obligation as agreed with the Tenant, or decided by the Court or by the appropriate deposit scheme (details of which are contained in the scheme's deposit information leaflet and website)
    2.2 Inventory. The parties will agree a photographic inventory of the Property. The Tenant shall return a signed copy of the photographic inventory given to the Tenant at the start of the tenancy as soon as possible within the first week of occupation, with any appropriate alterations or notes as required.
    The Tenant agrees with the Landlord: (clauses 3 to 7)
    3. Rent & charges
    (3.1)To pay the Rent on the days and i the manner specified to the Landlord's Agent. Interest may be payable on any late rental payments.(3.2)To pay promptly to the authorities to whom they are due, council tax, water and sewerage charges, gas, electric, television licence and telephone charges (if any) relating to theProperty, where they are incurred during the period of the Agreement, including any which are imposed after the date of this Agreement (even if of a novel nature) and to pay the total cost of any re-connection fee relating to the supply of water, gas, electricity and telephone if the same is disconnected. The Tenant agrees to ensure that all electricity, gas, water and telephone accounts as appropriate are transferred to the Tenant's name on commencement of this tenancy and to notify the Landlord or his Agent prior to changing supplier for any of the utility services stated above.
    (3.3) That in the case of a breach of the terms of the tenancy by the Tenant, a reasonable administration charge may be made in addition to the costs of any remedial work, in order to compensate the Landlord or his Agent for his reasonable expenses.
    4. Use of the Property
    (4.1)Not to assign, sublet, part with possession of the Property, or let any other person live at the Property
    (4.2) To use the Property as a single private dwelling and not to use it or any part of it for any other purpose nor to allow anyone else to do so
    (4.3) Not to receive paying guests or carry on or permit to be carried on any business, trade or profession on or from the Property
    (4.4) Not to do or permit or suffer to be done in or on the Property any act or thing which may be a nuisance damage, or annoyance to a person residing, visiting or otherwise engaged in lawful activity or the occupiers of the neighbouring premises
    (4.5) Not to keep any cats or dogs at the Property and not to kep any other animals, reptiles or birds (or other living creatures that may cause damage to the Property, or annoyance to neighbours) on the Property without the Landlord's written consent. Such consent, if granted, to be revocable, on reasonable grounds by the Landlord
    (4.6) Not to use the Property for any illegal or immoral purposes
    (4.7) Where the Landlord's interest is derived from another lease ("the Headlease") then it is agreed that the Tenant will observe the terms in the Headlease applicable to the Property. A copy of the Headlease, if applicable, is attached (NO ATTACHMENT)
    (4.8) All adults (over 18 years old) living at the Property must be named on this tenancy agreement, and not exceed the number of Permitted Adult Occupiers given above. Because of licensing regulations, a Landlord may be prosecuted and fined for allowing this number to be exceeded. Where the Tenant comprises more than a single family unit, any addition to the number of people living at the Property should be notified to the Landlord or his Agent at the earliest reasonable opportunity.
    (4.9) This is a non-smoking Property. The Tenant agrees not to smoke or permit any family member, guest or visitor to smoke tobacco or any other substance in the Property without the Landlord's prior consent.
    5. Repairs
    (5.1) Not to damage the Property and Contentsand not to make any alteration or addition to the Property without the written permission of the Landlord, such permission not to be unreasonably refused. The Tenant agrees to pay for any damage caused by his family or visitors or any other permitted occupiers
    (5.2) To keep the interior of the Property and the Contents in at least as good and clean condition and repair as they were at the commencement of the tenancy, with fair wear and tear excepted, and to keep the Property reasonably aired and warmed
    (5.3) To pay the reasonable costs reasonably incurred by the Landlord or his Agent in replacing or repairing any furniture or other contents, lost, damaged or destroyed by the Tenant or, at the option of the Landlord, replace immediately any furniture or other contents, lost, damaged or destroyed by the Tenant, and not to remove or permit to be removed any furniture or other contents from the Property
    (5.4) That the Landlord or any person authorised by the Landlord or his Agent may at reasonable times of the day on giving 24 hours' written notice (unless in the case of an emergency) enter the Property for the purpose of inspecting its condition and state of repair.
    (5.5) To keep the gardens, driveways, pathways, lawns, hedges, rockeries and ponds (if any) regularly maintained in good and safe condition and as neat tidy and properly tended as they were at the start of the tenancy and not to remove any trees or plants
    (5.6) To replace all broken glass in doors and windows damaged during the tenancy where the damage has been caused by the Tenant, a member of the Tenant's family or their guests
    (5.7) Not to alter or change or install any locks on any doors or windows in or about the Property or have any additional keys made for any locks without the prior written consent of the Landlord, such consent not to be unreasonably withheld and the cost of providing a set of keys for the Landlord or his Agent to be met by the Tenant
    (5.8) To notify the Landlord or his Agent promptly of any disrepair, damage or defect in the Property or of any event which causes damage to the Property. Additional aerials, satellite dishes and other fixed cables may not be fitted without the Landlord's prior written consent
    (5.9) Not to affix any notice, sign, poster or other thing to the internal or external surfaces of the Property in such a way as to cause damage
    (5.10) To take all reasonable precautions to prevent frost damage at the Property and to keep the Property adequately heated and ventilated to prevent damage caused by condensation
    (5.11) In order to comply with the Gas Safety Regulations, it is necessary:
    (a) that the ventilators provided for this purpose in the Property should not be blocked
    (b) that brown or sooty build-up on any gas appliance should be reported immediately to the Landlord or Agent
    (5.12) Not to cause any blockage to the drains, pipes, sinks or baths
    (5.13) Not to introduce into the Property any portable heaters fired by liquid or bottled gas fuels without the Landlord's prior written consent
    (5.14) That the Tenant shall be responsible for testing all smoke alarms and carbon monoxide alarms (if any) fitted in the Property on a regular basis and replace the batteries (if any) as necessary. Any faulty alarms should be reported to the Agent
    (5.15) To replace all bulbs, fluorescent tubes, fuses and replaceable filters as and when necessary. To follow the manufacturers or Landlord's instructions (where instructions have been provided)
    (5.16) To take all reasonable steps to keep the Property free from infestation by vermin and to pay all reasonable costs incurred for the removal of any infestation which is attributable to the Tenant or his family or visitors or any other permitted occupiers
    6. Other tenant responsibilities
    (6.1) Within seven days of receipt thereof, to send to the Landlord or his Agent all correspondence addressed to the Landlord or the owner of the Property and any notice, order or proposal relating to the Property (or any building of which the Property forms part) given, made or issued under or by virtue of any statue, regulation, order, direction or bye-law by any competent authority
    (6.2) To pay for any reasonable costs or damage suffered by the Landlord or his Agent as a consequence of any breach of the agreements on the part of the Tenant in this Agreement
    (6.3) The Tenant agrees to refund any sume repayable by the Landlord or his Agent to the Local Authority in respect of errors or overpayments of Housing Benefit, Universal Credit or equivalent housing support
    (6.4) That where the Property is left unoccupied, without prior notice in writing to the Landlord or Agent, for a prolonged period, the Tenant has failed to pay rent for that period, and has shown no intention to return, the Landlord may treat these actions as a surrender of the tenancy. This means that the Landlord may take over the Property and re-let it
    (6.5) To properly secure the Property including all locks and bolts to the doors, windows and other oepnings when leaving the Property unattended and where the Property is left vacant for more than 28 consecutive days and the Rent is paid, to notify the Landlord or his Agent, and to allow him access to the Property in order to secure it where necessary
    (6.6) Not to change passwords, codes or other security settings on any alwarm or other electronic controls installed at the Property without the Landlord's written permission
    (6.7) To pay any call-out charges incurred as a result of the Tenant's occupation (such as lost keys, or alarm codes), unless authorised either explicitly by the Landlord, or implicitly under the Landlord's repairing obligations
    7. End of Tenancy
    (7.1) To return the Property and Contents at the end of the tenancy in the same clean state or condition as they were at the commencement of the tenancy and to remove all the Tenant's personal effects and any waste or rubbish from the Property
    (7.2) To leave the Contents at the end of the tenancy in approximately the same places in which they were positioned at the commencement of the tenancy
    (7.3) To return the keys of the Property to the Agent on the agreed termination date, or the end of the tenancy (whichever is sooner). The Tenant also agrees to pay for any reasonable charges incurred by the Agent in securing the Property against re-entry where keys are not returned
    (7.4) To provide a forwarding address to the Landlord or his Agent either prior to or at the end of the tenancy
    (7.5) To arrange with all utility providers for final meter readings at the Property to be supplied and final bills to be paid at the end of the tenancy
    (7.6) To allow the Landlord or his Agent, within the last two months of the tenancy, to erect a sign on or outside the Property to indicate that the Property is for sale or available to let
    (7.7) Within the last two months of the tenancy to permit the Landlord or any person authorised by the Landlord or the Landlord's Agent at reasonable hours in daytime to enter and view the Property with prospective tenants or purchasers, having first given the Tenant a reasonable period of notice
    (7.8) Where the Property has been professionally cleaned at the start of the tenancy, to pay for professional cleaning, where it is required, to bring the Property to that same clean state or condition as it was at the start of the tenancy
    8. The Landlord agrees with the Tenant that:
    (8.1) The Landlord shall permit the Tenant to have quiet enjoyment of the Property without interruption by the Landlord or his Agent, however this does not preclude the Landlord from taking action through the courts should the Tenant fail to pay the Rent due ot be in breach of the Tenancy Agreement
    (8.2) In the event that the Property is rendered uninhabitable by fire or flood or any other risk which the Landlord has insured, other than where the damage has been caused by the act or omission of the Tenant, his family or his visitors then the parties will consider this Agreement as frustrated and terminated subject to the right of the Tenant to recover any rent paid in advance for the period after the termination
    9. Forfeiture Provision. The Landlord may apply to the court to end this tenancy and repossess the Property if:
    (a) the Tenant does not pay the Rent (or any part of it) within 14 days of the date on which it is due; or
    (b) the Tenant does not comply with the obligations set our in this Agreement; or
    (c) the Landlord was induced to grant the tenancy by a false statement; or
    (d) any of the Grounds specified in Schedule 2 of the Housing Act 1988 (as amended) apply to this tenancy
    This termination clause operates subject to the proviso that the Landlord must obtain a court order before repossessing the Property
    IMPORTANT. Only the Court can order the Tenant to give up possession of the Property
    10.
    The Landlord agrees to carry out any repairing obligations as required by section 11 of the Landlord and Tenant Act 1985 (see note 4)
    11. In this Agreement, unless the context otherwise requires, the following expressions shall have the following meanings:
    "The Landlord" includes the persons who during the period of the tenancy have a legal interest in the Property
    "The Tenant" includes those who might inherit the tenancy. Whenever there is more than one Tenant all covenants and obligations can be enforced against all of the Tenants jointly and against each individually. This means that any one of the members of a joint tenancy can be held responsible for the full rent and other obligations under the Agreement if the other members do not fulfill their obligations
    12. The parties agree:P
    (12.1) Notice is hereby given that possession might be recovered under Ground 1, Schedule 2 of the Housing Act 1988 if applicable. This is, that the Landlord used to live in the Property as his or her main hone; or intends to occupy the Property as his or her only main home
    (12.2) The tenancy may be brought to an end if the mortgagee requires possession on default of the borrower under Ground2, Schedule 2 of the Housing Act 1988
    (12.3) Before the Landlord can end this tenancy, he shall serve any notice(s) on the Tenant in accordance with the provisions of the Housing Acts. Such notice(s) shall be sufficiently served if served at the last known address of the Tenant in accordance with section 196 of the Law of Property Act 1925 - see note 5 (subject to the clause below)
    (12.4) That notices and other documents given in connection with this tenancy may be served by email on the Tenant and the Tenant accepts service of such notices and documents at the email address(es) supplied above. The notice or document will be regarded as received by the Tenant at the start of the next business day after it was first sent. (The Tenant may delete the email address listed above if the Tenant does not agree to this clause)
    (12.5) Whilst the Agent shall make every effort to keep the Tenant's personal details safe and secure, it may be necessary to share such information with the Landlord and trusted third parties such as utility companies, maintenance contractors, credit and referencing agencies and debt collection companies etc. The Agent will not divulge personal contact details to any third party organisation for marketing purposes without prior approval.
    13. Special Conditions. The Property is let together with the special conditions (if any) listed in the First Schedule attached hereto - NONE WERE ATTACHED
    THE FIRST SCHEDULE
    (N.B. Clauses in this section have been individually negotiated)
    Special conditions (attach a separate sheet if necessary)
    Signed by the Landlords XXXXXXXX
    Signed by the Tenant XXXXXXX

    N.B. Any counterpart tenancy agreement should be signed and dated by all tenants
    • Pixie5740
    • By Pixie5740 9th Feb 18, 1:07 PM
    • 11,649 Posts
    • 16,391 Thanks
    Pixie5740
    I can't see anything in the tenancy agreement above that looks like a break clause. Maybe the landlord only wanted a 6 month fixed term and the letting agency have ballsed up however, that is not your problem.

    The clauses you've highlighted in bold; yes there is a clause saying that you need to give access for viewings in the final two months of your tenancy but you are not in the final two months of your tenancy. Secondly, it is very easy to change the barrel of a lock, and how would a landlord know you've done it unless they try to gain entry to the property without giving you the required 24 hours of written notice? Even if the landlord knows you've done it what can they realistically do about it? Jackshit.
    • theartfullodger
    • By theartfullodger 9th Feb 18, 1:48 PM
    • 9,323 Posts
    • 12,404 Thanks
    theartfullodger
    Good heavens, we don't think an agent put 12 months just so they could charge 12 months % commission do we??

    This ".. viewings in last two months of tenancy...". When is the last 2 months of a tenancy? Unless tenant gives notice (only has to give at least 1 month) the only way to know for sure the end date of a tenancy is after the bailiffs have evicted: Until then the last day of tenancy is uncertain: (Tenant has the right to appeal to the court up to the time the bailiffs are walking up the path): A landlord cannot (may not, legally unable to..) end a tenancy other than by bailiff/HCEO eviction (surrenders excepted).

    So when a landlord/agent tells you "it's the last 2 months so viewings you tenant you.." ask him what the last day of the tenancy will be.

    IMHO the prudent landlord will anyway avoid such viewings, merely line up potential tenants & see if, when existing tenants go, when they go & if damage/repair needs attention. Or, offer serious % off rent (say 50%) for a tidy property & viewings; Nothing to stop a tenant honestly informing viewers of the problems with the property, the neighbours, the agents or the landlord, eh?

    Cheers all!
    • gingercordial
    • By gingercordial 9th Feb 18, 1:58 PM
    • 1,084 Posts
    • 1,123 Thanks
    gingercordial
    ...
    IMPORTANT. Only the Court can order the Tenant to give up possession of the Property
    10.
    ...
    Originally posted by JackJones456
    I love the fact they have even put this bit into the contract in bold but then will turn around and lie to you that the contract is worthless and the landlord can chuck you out whenever. Utter b******s.
    • JackJones456
    • By JackJones456 9th Feb 18, 2:05 PM
    • 14 Posts
    • 5 Thanks
    JackJones456
    The Landlady is a personal friend of the Letting Agent and she has informed him she wants to sell the property. The Agent even asked if I want to buy the property, I am not in a position to purchase it and have told him so.

    The Letting Agent is a professional within our community and I am shocked that he would tell me that a S21 will be issued to get me out in the next two months. Surely he wouldn't want to risk his reputation to bend the rules.

    None of what he has verbally told me makes sense. I await the S21 notice.

    Cheers everyone
    • theartfullodger
    • By theartfullodger 9th Feb 18, 2:16 PM
    • 9,323 Posts
    • 12,404 Thanks
    theartfullodger
    Jack: You may be assuming the agent knows what they are doing.

    To be a letting agent in England requires no qualifications, no training, no criminal records check, no nuffink. You or I could be set up & running a lettings agency within an hour of starting, online etc etc.

    Come on Engerland, do what Scotland is doing, it ain;t hard!
    • JackJones456
    • By JackJones456 12th Feb 18, 4:41 PM
    • 14 Posts
    • 5 Thanks
    JackJones456
    Hello everyone, hope you all had a good weekend.

    So I had a light bulb moment today and realised that I am NOT paying via direct debit the so called Landlady named on my AST Agreement, but her mother and father. I decided to do a Land Registry search and it has revealed the the parents do indeed own the property which is mortgage free.

    I cannot understand why their daughter is named on the AST Agreement, when it is her parents who own the property and it is to them whom I pay the rent.

    Can anyone advise if this AST Agreement is legally binding please?

    All I have been verbally told by the agent is that mother and daughter have a financial interest in the property and that they both want to sell it and that I will be served a S21 anytime soon. I am only 4 months into a 12 month contract. And it is obvious from Land Registry that the daughter (my supposed Landlady) is NOT the registered owner, but her parents are.

    Any help much appreciated.
    • Pixie5740
    • By Pixie5740 12th Feb 18, 4:49 PM
    • 11,649 Posts
    • 16,391 Thanks
    Pixie5740
    Hello everyone, hope you all had a good weekend.

    So I had a light bulb moment today and realised that I am NOT paying via direct debit the so called Landlady named on my AST Agreement, but her mother and father. I decided to do a Land Registry search and it has revealed the the parents do indeed own the property which is mortgage free.

    I cannot understand why their daughter is named on the AST Agreement, when it is her parents who own the property and it is to them whom I pay the rent.

    Can anyone advise if this AST Agreement is legally binding please?

    All I have been verbally told by the agent is that mother and daughter have a financial interest in the property and that they both want to sell it and that I will be served a S21 anytime soon. I am only 4 months into a 12 month contract. And it is obvious from Land Registry that the daughter (my supposed Landlady) is NOT the registered owner, but her parents are.

    Any help much appreciated.
    Originally posted by JackJones456
    Why wouldn't your AST be legally binding? You pay rent in return for exclusive occupation of the property ergo an AST exists. Your landlord doesn't have to be the same as the legal owners named on the deeds. The deeds only records legal ownership it doesn't record beneficial ownership.

    The letting agent can tell you verbally, using semaphore, or by employing a skywriter, that a Section 21 will be issued. You are only 4 months into a 12 month fixed term so any Section 21 issued now cannot be valid and will fail if it gets to court.

    Your landlord doesn't have to be the same as the legal owners named on the
    • saajan_12
    • By saajan_12 12th Feb 18, 4:59 PM
    • 1,110 Posts
    • 746 Thanks
    saajan_12
    Hello everyone, hope you all had a good weekend.

    So I had a light bulb moment today and realised that I am NOT paying via direct debit - direct debit or standing order? DD is very unlikely where you're paying a person not a company the so called Landlady named on my AST Agreement, but her mother and father. I decided to do a Land Registry search and it has revealed the the parents do indeed own the property which is mortgage free.

    I cannot understand why their daughter is named on the AST Agreement, when it is her parents who own the property and it is to them whom I pay the rent.- I can't either, possibly because it's a mistake, possibly the parents let the property to the daughter and the daughter is subletting to you.

    Can anyone advise if this AST Agreement is legally binding please?- yes, you still have an AST with someone. They owner / bank account you pay rent to is irrelevant to you, as long as its the one your LL instructed you to pay into.

    All I have been verbally told by the agent is that mother and daughter have a financial interest in the property and that they both want to sell it and that I will be served a S21 anytime soon. I am only 4 months into a 12 month contract. And it is obvious from Land Registry that the daughter (my supposed Landlady) is NOT the registered owner, but her parents are. - Your LL doesn't necessarily have to be the owner.

    Any help much appreciated.
    Originally posted by JackJones456
    This doesn't affect anything for you..
    - your LL doesn't have to be the owner, could be someone subletting with permission from the owner.
    - the payment account for rent must be the one you are instructed to pay into by your LL. Who this belongs to is irrelevant.

    So yes, you still have a legally binding AST, and all the previous advice applies.. Earliest you can be evicted is Late 2018 through section 21 notice route assuming you're up to date with rent etc. At some point you will be evicted so may be beneficial to negotiate an early surrender in return for a £ payout to cover your moving costs/whatever.
    • FBaby
    • By FBaby 12th Feb 18, 5:02 PM
    • 16,423 Posts
    • 40,776 Thanks
    FBaby
    Why does it matter who is the owner of the property? Your issue is getting your LA to acknowledge that they cannot legally give you a S21 to leave before the end of your fixed contract. Have you spoken to them today to tell them to stop bothering you about it and that you'll be changing to locks in case they decide they want to do viewings?
    • JackJones456
    • By JackJones456 12th Feb 18, 5:21 PM
    • 14 Posts
    • 5 Thanks
    JackJones456
    Thanks for the replies reassuring me about the tenancy.

    I don't want to go down the route of another private rent property as this could happen all over again (it happened once before). 2 of my 3 children are disabled and I really need some stability for them after all these moves. No I am not in breach of my tenancy clauses and the rent is paid up to date.

    I haven't been in touch with the agents to tell them I've changed the locks as this is a clause in the AST Agreement not to change the locks. Also the Local Authority have told me that once I've received the S21 they will look at it and speak with the Agent as I know they are bang out of order.
    • saajan_12
    • By saajan_12 12th Feb 18, 5:48 PM
    • 1,110 Posts
    • 746 Thanks
    saajan_12
    I don't want to go down the route of another private rent property as this could happen all over again (it happened once before). 2 of my 3 children are disabled and I really need some stability for them after all these moves.
    Originally posted by JackJones456
    We do understand you want some stability, but remember you will be evicted eventually and getting housed by the council is unlikely to be smooth sailing.

    Option 1: negotiate early surrender with payout from LL covering full removals service, letting agents costs etc so you can move at leisure to another place in the same area. No distress to your kids, just an adventure, no changing schools etc. Yes, the new LL COULD evict again, but most are in it for the long term, preferring long term tenants so this is very unlikely.

    Option 2: Stay put, as is your right, until evicted by a court based on Section 21 (no contest, it will happen eventually). You can try to get bulk of packing ready, but will need to leave on the day they arrive, and likely won't get anything from council until that day. Possibly placed in temporary accommodation away from current schools, before 2nd move to a longer term home.
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