Assured Shorthold Tenancy Conditions?

MonsterMunch08

If a landlord does not keep to their "conditions" in a tenancy agreement, does this mean that the tenant can leave without giving notice? The 6 months tenancy ends 20th October, but states if no notice is given by the landlord that it will then be a monthly rolling tenancy agreement. And that one months notice needs to be given, starting on the first day of rent paid (which has already passed).

The landlord has promised to fix the heating for a few months now, and has no electricity certificate or furniture safety checks (house is rented fully furnished). We need to move out in 4 weeks, which we are fully paid up to with the rent until 4 weeks time when the next month will become due.

We were also let the property even though we could not pay the full deposit at the time of moving in, so we paid half only. When we signed the agreement the landlord starred where the amount of deposit was stated, and then wrote at the bottom "to be fully paid prior to new lease" and made it clear no new lease would be signed if it was not paid. But has not sent a message to me saying she wants to bring a new agreement down to be signed in the next few months.

So... do we have to give notice and pay an extra months rent even though we wont live here (we have only recently decided to move out). Or can we just move out and refuse the extra months rent stating they have half a deposit which they can keep.. and that they did not keep the property in reasonable condition as stated on the agreement. eg, heating does not work properly, newborn baby cannot have baths in the house as house is too cold. fire does not work. front door handle has fallen off and has not been fixed (was cracked when moved in and was promised would be repaired).

Any advice much appreciated please.

sooz

MonsterMunch08 wrote: »

If a landlord does not keep to their "conditions" in a tenancy agreement, does this mean that the tenant can leave without giving notice? NoThe 6 months tenancy ends 20th October, but states if no notice is given by the landlord that it will then be a monthly rolling tenancy agreement. And that one months notice needs to be given, starting on the first day of rent paid (which has already passed).But you can leave at the end of the fixed term

The landlord has promised to fix the heating for a few months now, and has no electricity certificate Not necessary, unless you live in an HMO (& it doesn't sound like you do) or furniture safety checks ?? Do you mean the fire & furnishings safety regs? You can check to see if the upholstered furniture has a label yourself. (house is rented fully furnished). We need to move out in 4 weeks, which we are fully paid up to with the rent until 4 weeks time when the next month will become due.

We were also let the property even though we could not pay the full deposit at the time of moving in, so we paid half only. When we signed the agreement the landlord starred where the amount of deposit was stated, and then wrote at the bottom "to be fully paid prior to new lease" and made it clear no new lease would be signed if it was not paid. But has not sent a message to me saying she wants to bring a new agreement down to be signed in the next few months. Is your deposit held in a deposit scheme?

So... do we have to give notice and pay an extra months rent even though we wont live here (we have only recently decided to move out). Or can we just move out and refuse the extra months rent stating they have half a deposit which they can keep Why - have you damaged the property? If not, ask for your deposit back.. and that they did not keep the property in reasonable condition as stated on the agreement. eg, heating does not work properly, newborn baby cannot have baths in the house as house is too cold. fire does not work. front door handle has fallen off and has not been fixed (was cracked when moved in and was promised would be repaired).

Any advice much appreciated please.

You can leave at the end of your fixed term, without giving notice, although it is polite to do so. (although a recent deposit adjudication thought otherwise)
Did you put your concerns about repairs to your LL in writing?
I'd write to your LL asap, stating that you won't be renewing your contract, due to the following problems, & will be moving out at the end of your fixed term on the 20th October.

MonsterMunch08

So even though it states in the contract that if the LL does not give 2 months notice before the end of the 6 month contract, that the contract will then role month by month... we dont have to give notice?

We have not damaged anything in the property, but know that the LL will be quite harsh and possible "nasty" if we tell her we will be moving out... as the property has been remorgaged recently, so our rent payments pay her remortgage payments.
The deposit is not in a deposit scheme. Which is why it would be easier to not ask for it back... as we have mithered for months for things to be fixed... so would be doing the same for the deposit.

The reason I want to check is because we do not want to move out, hand her back the keys and then get abusive text messages threatening court action etc etc.

Also we know that if we are to give notice to move out, then we will have the LL knocking on the door mithering to come in many times (the LL did this when we moved in as the LL has left their own belongings in the loft, shed, workshop outside etc... and came back 4 times asking to pick up certain items).

I also know that the LL will be unable to rent out the property to anyone else in a while, as the LL will have to do alot of work on the house to get it into a good standard. Since we have lived her cupoard handles have fallen off, general fixtures that have been put together in the easiest and cheapest way possible.

We want to move out in 4-6 weeks with no mither, all the LL's furniture is in the same condition as when we moved in, the only damage is damage from wear and tear in the 6 months we have lived her, or damage from fixtures falling apart from not being put together correctly.

If you want more personal details feel free to pm me, as I do not want anything written on here be able to show my identity. Thanks.

teeni

MonsterMunch08 wrote: »

So even though it states in the contract that if the LL does not give 2 months notice before the end of the 6 month contract, that the contract will then role month by month... we dont have to give notice? thats right, you have to leave by the last day of your tenancy period or you will have to pay another months rent. for example if your tenancy started on the 21st April and therefore ends on the 20th October providedd you have left by the 20th Oct you will not have to pay any more rent. It would be polite to let your landlord know you are leaving but it is not necessary.

We have not damaged anything in the property, but know that the LL will be quite harsh and possible "nasty" if we tell her we will be moving out... as the property has been remorgaged recently, so our rent payments pay her remortgage payments.
The deposit is not in a deposit scheme. Which is why it would be easier to not ask for it back... as we have mithered for months for things to be fixed... so would be doing the same for the deposit. If you have not damaged anything you are entitled to your deposit back If it is not in a scheme you have the right to take your landlord to court whether he pays it back or not for failiure to protect the deposit.The fine is three times the deposit, and the fine is mandatory, if the landlord refuses to return your deposit it may be worth reminding them of this fact.

The reason I want to check is because we do not want to move out, hand her back the keys and then get abusive text messages threatening court action etc etc.
If your landlord sends threatening texts keep them and go to the police this is harrassment.
Also we know that if we are to give notice to move out, then we will have the LL knocking on the door mithering to come in many times (the LL did this when we moved in as the LL has left their own belongings in the loft, shed, workshop outside etc... and came back 4 times asking to pick up certain items).

I also know that the LL will be unable to rent out the property to anyone else in a while, as the LL will have to do alot of work on the house to get it into a good standard. Since we have lived her cupoard handles have fallen off, general fixtures that have been put together in the easiest and cheapest way possible.
Thats his problemnot yours and Also I would not be so sure you rented it didnt you.
We want to move out in 4-6 weeks with no mither, all the LL's furniture is in the same condition as when we moved in, the only damage is damage from wear and tear in the 6 months we have lived her, or damage from fixtures falling apart from not being put together correctly.If you want to move out on the 20th Oct you do not have to give notice. however if you move out after that you will be in a periodic tenancy and will have to give one months notice ending on the last day of the tenancy period and pay rent until you leave therefore if you intend to leave after the 20th Oct you will have to pay rent until the 20th November and need to give notice before the 20th October

If you want more personal details feel free to pm me, as I do not want anything written on here be able to show my identity. Thanks.

Have you got some where else lined up to move to or will you need the deposit for a new tenancy?

MonsterMunch08

We are moving into a house owned by a relative, who is allowing us to rent it until we have paid the amount they have bought it for (offer has been accepted, now waiting on the solicitors to do their thing and exchange deeds... been told should not take more than 1 month).
If it isnt all completed by 20th oct then if we need to we can move in with a relative for a very short time. so would rather move out then, than pay an extra months rent.

ive not really heard of the deposit scheme thing... is there a website that explains it all? or can you please give me more information?
we have just made payment for our rent... which is due on the 21st just gone... so that will take us up to the 21st of oct i am presuming.

littlemissmoney

http://england.shelter.org.uk/get_advice/advice_topics/paying_for_a_home/tenancy_deposits/deposit_protection_schemes

http://www.direct.gov.uk/en/TenancyDeposit/DG_066383

MonsterMunch08

Thanks for all your help and advice, will go have a read on the sites given and will have a go at writing a letter to send to the LL on Monday. Let me know if you have any suggestions and statements to add into the letter lol.