Tenant - Please help.

scrummy_mummy_2

PasturesNew wrote: »

There is no cooling off period.
If you signed a 6 month AST from 5th February to 4th August, then you can leave on 4th August and that'll be the end of it.

If she'you are reasonable, then you can (with her agreement only) move out sooner but you are responsible for paying the rent until a replacement tenant is found PLUS any charges she incurs in finding a replacement.

If the tenancy agreement is not signed in the presence of the LL or agent ther IS a 7 day colling off period iin accordance with the distance selling regulations.

Wicked_witch

If you were so hurt by what clutton said to you, why on earth quote it all again? Paticularly as you have not made it clear what remarks from you s/he was replying to, or any of the helpful and sensible words s/he also contibuted...

Having read the previous thread (and I suggest everyone else does too), I think the landlord is in fact rather more difficult than she appeared from the first post, but considering the abuse you gave everyone who suggested you also had some responsibilities in this situation, I am also tempted to think you both have the counterpart you deserve...

ETA apology on P4.

tbs624

Wicked_witch wrote: »

If you were so hurt by what clutton said to you, why on earth quote it all again? Paticularly as you have not made it clear what remarks from you s/he was replying to, or any of the helpful and sensible words s/he also contibuted...

Having read the previous thread (and I suggest everyone else does too), I think the landlord is in fact rather more difficult than she appeared from the first post, but considering the abuse you gave everyone who suggested you also had some responsibilities in this situation, I am also tempted to think you both have the counterpart you deserve...

:rolleyes: Not sure what the purpose of your post was WW, other than to vent your own spleen perhaps? We probably don't have anywhere near the full picture but, on the face of it, here is a LL who has treated the previous tenant shoddily, who seemed content to re-let the property in a less than decent condition & hasn't, as a bare minimum, shown a gas safety cert to the OP as required by law ...... Now, no matter how rude you may think the OP has been in response to some of the posts on here (& let's remember that she does seem to have a fair bit of pressure on her ) it does not mean that she "deserves" a LL who fails their tenants in this way.

RainMaker_2

tbs624 wrote: »

It is a legal requirement that LLs provide

1. an EPC (energy performance certificate) for any new tenancy after 1st Oct 2008 see here. Should have been made available to you when you viewed

LLs who fail to do so can be charged with a penalty notice of £200 by the local Trading Standards dept for no. 1,

I haven't bothered with it, neither do I intend to. Another bloody government rip-off. But for this one, the penalty is worth the risk of non-compliance.

clutton_2

scrummy mummy

""If the tenancy agreement is not signed in the presence of the LL or agent ther IS a 7 day colling off period iin accordance with the distance selling regulations"

i dont see how an AST cannot be signed in the presence of either LL or LA as to be a legal document it has to have parties' original signatures on it.

i'd be very interested in your source for this please ?

tbs624

RainMaker wrote: »

I haven't bothered with it, neither do I intend to. Another bloody government rip-off. But for this one, the penalty is worth the risk of non-compliance.

Thanks for sharing your views Rainmaker but that is exactly the sort of LL attitude over legal obligations that will send the private rental sector headlong towards compulsory registration. I would agree that EPCs in themselves are pretty useless bits of paper, however, if you are letting property then providing one is, as stated, a legal requirement for new rentals after 1st Oct 08, and the OP has asked what else her LL should have provided her with. Government has decreed that EPC info should be available to all tenants & purchasers of property, it's as simple as that. Fail to provide one and not only do you get the 200 quid penalty notice, you still get to pay to get the EPC done.

KeepYourChinUp_2

RainMaker wrote: »

I haven't bothered with it, neither do I intend to. Another bloody government rip-off. But for this one, the penalty is worth the risk of non-compliance.

Its £50-70 to get it done and lasts 10 years its not really worth the hassle of not doing it is it?

oh yeah and its another goverment not-so-stealth tax.:mad:

tbs624

clutton wrote: »

scrummy mummy

""If the tenancy agreement is not signed in the presence of the LL or agent ther IS a 7 day colling off period iin accordance with the distance selling regulations"

i dont see how an AST cannot be signed in the presence of either LL or LA as to be a legal document it has to have parties' original signatures on it.

i'd be very interested in your source for this please ?

See the Office of Fair Trading - oft356.pdf, S3.84 (p33). Often applies for signing up for student lets - student will be sent forms to sign and return without having met the accomms provider and it then comes under the Consumer Protection (Distance Selling) Regs.2000. Cannot be invoked once a T has moved in, even if that falls within the 7 days.

RainMaker_2

tbs624 wrote: »

Thanks for sharing your views Rainmaker...
You're always welcome. Honest as the day's long me.

...but that is exactly the sort of LL attitude over legal obligations that will send the private rental sector headlong towards compulsory registration.
It virtually is already.

I would agree that EPCs in themselves are pretty useless bits of paper,
Me too. That's why I don't bother. It's not as if we're compromising Tenant safety here ! If the Tenant kicked up a fuss I'd rather give them 200 quid rather than pay some herbert to tell me I don't have double glazing. If you were a Tenant which would you prefer ?

Government has decreed that EPC info should be available to all tenants & purchasers of property, it's as simple as that. Fail to provide one and not only do you get the 200 quid penalty notice, you still get to pay to get the EPC done.
I'll take my chances. Just as I would if some other government quango department told me I needed to pay for an acid/alkaline certificate for the back garden soil, or I had to have a toilet flush performance certificate. I'm sure you get my drift.

..........

devils_advocate

RainMaker wrote: »

.......... Originally Posted by tbs624

Thanks for sharing your views Rainmaker...
You're always welcome. Honest as the day's long me.

...but that is exactly the sort of LL attitude over legal obligations that will send the private rental sector headlong towards compulsory registration.
It virtually is already.

I would agree that EPCs in themselves are pretty useless bits of paper,
Me too. That's why I don't bother. It's not as if we're compromising Tenant safety here ! If the Tenant kicked up a fuss I'd rather give them 200 quid rather than pay some herbert to tell me I don't have double glazing. If you were a Tenant which would you prefer ?

Government has decreed that EPC info should be available to all tenants & purchasers of property, it's as simple as that. Fail to provide one and not only do you get the 200 quid penalty notice, you still get to pay to get the EPC done.
I'll take my chances. Just as I would if some other government quango department told me I needed to pay for an acid/alkaline certificate for the back garden soil, or I had to have a toilet flush performance certificate. I'm sure you get my drift.

As everybody knows, RainMaker, the jobsworths don't have the wit to think for themselves. So when the Toilet Flush Performance Regulations 2010 come into force, we'll all know who to blame.