Hi! Newbie with a tenancy agreement question :-)

tenant09

Hi all! I'm a newbie here and surprise surprise -- I have a question! (or two... :rotfl: )
I have been a tenant in this flat for more than 4 years. The only paperwork I signed in the very beginning were the "fixed term tenancy" (for 6 months) and list of "inventory and schedule of condition of fixtures, fittings, furniture & effects". Since that the LL (letting agents) have not send me anything or contacted me at all. I got recently made redundant and there fore I have had to apply for housing benefit (I'm a single mom with 3 kids). I was asked to supply "a proof of rent" with the application and when I rang the LL to send me one they said:"ou, you do not seem to have a valid tenancy agreement"... So they sent me one and this one seems to be for 6 months again. I have read it through and seems to cover them with absolutely every and anything.... It looks like I would need to pay for anything that might happen for the flat; what about if some chavs smash the window in for example? The flat is in a city area and this has happened to some neighbours in the area... Should I show this agreement to some professional before signing it? And who could this be --- could CAB perhaps help? Thanks for your help

poppysarah

You not signed it yet? Go see the CAB and get advice. Or ring shelter. You can ring them from home. Number on their website.


Your original tenancy almost certainly rolled over into a periodic one. Is the rent the same?

tenant09

Hi and thanks for your advise. Yes, the rent has always been the same. The LL (letting agent) said to me when I moved into the flat that they wouldn't increase the rent if I would re-decorate the kitchen, which I have since that done. On the last page of this new agreement it also states that property is subkect to an annual rent increase but it does not say anything more about it....

Credit_Check_Services

Agreed that you should have someone check the tenancy agreement. As to annual price increases, when your agreement needs to be renewed you have a choice ... A) roll over the existing agreement with its terms or sign a new agreement on new terms. It is thus only if you roll-over the agreement that the annual price increase will kick in, a new agreement will be based on whatever price you agree to. That said, get the agreement checked out by CAB or a solicitor.

princeofpounds

The advice to get the contract checked is good, not because it is particularly necessary once you understand the basics of renting but because it will be a good education for you and peace of mind. Landlordzone will be a good resource for you too, both for articles and the forums.

You have in fact been in a valid contract for all these years. It is called a statutory periodic contract, it is set out in law and is basically a continuation of your old one where the landlord needs to give you 2 months notice to leave and you need to give 1, all to coincide with rental periods. You only need to sign a new contract for the following reasons:

1. You want the security of a fixed term.
2. Your landlord wants the security of a fixed term and will evict you if you do not sign.
3. You and your landlord want to change terms
4. Your landlord will now have to protect your deposit in an official scheme.

You do not need to do it just to provide paid work to an agent, so make sure this request really is coming from the landlord by speaking to him/her.

When you say proof of rent that could mean a few things. But the council should not require a current fixed period contract. They may be satisfied by the old one if you inform them you are on a statutory periodic extension of the contract. They may want some kind of confirmation the tenancy is still active - that could be your bank statements or a letter from your landlord. Ask them.

Do not be too worried about clauses suggest rent could be revised annually. The landlord can do this at the end of every fixed period contract or in a statutory periodic tenancy anyway if they follow the correct procedure and give proper notice, and your choice then is to accept, negotiate or leave. You can effectively do it too by forcing negotiation of a new contract or threatening to leave if you think you are overpaying.

Your landlord can shift some repairing obligations onto you, but not others. For instance, if the boiler breaks down and he does not fix it within a reasonable time then he will be committing a criminal offence regardless of what the contract says. Contract clauses are unenforceable if they conflict with the law books. LLzone should have more info on this as should your advisors - ask them.

Remember, this is a negotiation. If you are not happy with anything, you can always ask if they will remove it.

tenant09

gee...there seems to be more in this than I thought...I DO worry now!
But I will try to get to CAB tomorrow to ask if they have anybody to check it through for me. Could you correct me if I'm wrong: So the rent will stay the same for next 6 months (the new agreement is stating it being same as it's been) but then they can increase it in a new 6 months agreement? Wouldn't it be better for me to ask for 12 months agreement instead? Hmmm....but there is one "but" in this: could I in that case still give just one months notice or would I need to stay in the flat for the whole 12 months? I have been in a council house que for a year now and if I am lucky and get one offered, say in 5 months time, would I be able to leave? As far as I read the new agreement through it says in every single clause that I should pay if anything goes wrong... I do not mind to give the place a coat of paint when I leave; I have always left the places where I have lived to better condition than they were when I moved in. I'm more worried because every clause states that nothing can be done without Landlords written consent... As I mentioned I have done a new kitchen two, nearly three years back (and it's MUCH better than it was!) but now I am worried that they could hold my deposit money back because I did not get this "written consent" for it... And it is a lot of money (£615!) for me, especially now when I don't have a job! :shocked: