To let board outside our house?

polkadot

We moved into the flat we're in now-at the end of May last year. We have not heard from our landlord regarding the end of the contract and so assumed he was happy with us and that our contract would just change to a rolling one.We had a conversation a few months ago when he was round fixing something about how clean it was...I joked that when I moved Id send him the bill asit was a tip when we got here. He said we werent going anywhere. Our relationship has always been good, I thought.
This afternoon, whilst I was cooking tea-someone knocked on our door and asked "as they were here, could I ggive them the details of my flat as she doesnt want to waste a call to the agents if its not suitable:eek:I had no clue wahat she was on about and she pointed to the board outside. I called the agency (as I cant get hold of LL-as usual), and was told they were instructed to list.

So where do we stand?

I was awarded DLA yesterday on the higher rate for mobility and lower for care...and in light of this we have discussed moving to a bigger lower property (this is a one bed upstairs). But we really cant afford to move so we thought we'd put our feelers out and take a month or so just to iron out our budget abit. Im really worried because I dont know where we stand, and we dont have much time.

We were never told where our deposit was being held, the work that he promised to do before we moved in has yet to be done...and when the washing machine broke down a few weeks after we moved in, he asked us to fix it and hold the part-he would come and fetch it and reimburse us...we still have the part. He's a nice guy, but he's not been a very good LL. I dont want to get on the blower at the moment as I dont know if im stressed for no reason.
What do you make of the situation?

withabix

polkadot wrote: »

So where do we stand?

Exactly where you are until the landlord gives a Section 21 Notice to Quit - then you have to move out 2 months later.

To add to that, the landlord CANNOT issue you with a Section 21 Notice if he hasn't registered your deposit.

Geenie

He should have told you where the deposit was being held and given you the paperwork for it. He is not a good LL I agree and you may have a case on this alone. Have you been given notice to quit, as this has to be done correctly and he can't just chuck you out anyway? Look through your AST about giving notice and deposit protection. And don't let anyone in to look around. He may be trying to get a higher rent, as I cannot understand why he would do this to a good tenant.

polkadot

As per contract:

The Landlord shall have the right to terminate the tenancy at the end of the fixed term by giving to the Tenant not less than two calendar months' notice in writing to that effect and upon the expiration of such Notice this Agreement and everything herein contained shall cease and be void subject nevertheless to the right of the parties in respect of any antecedent breach of any of the covenants herein contained. The period of two calendar months' notice must expire on the last day of a completed period.

We have not had anything from him-not even a telephonic conversation. In fact, I dont remember the last time we had contact with him at all.

To add to that, the landlord CANNOT issue you with a Section 21 Notice if he hasn't registered your deposit.

We have not been notified regarding this, but if I were to make a claim against him, could he go and register the deposit and then be in the clear? And what if he had it registered but just never informed us? Is the onus on him to prove he did let us know, or is it on us to prove we were never notified?

Geenie

I can only go by the DPS which I use, but I assume the rules are the same for all schemes as there is strict legislation about what should be done.

Firstly the deposit has to be paid into a Goverment authorised deposit protection schemes within 14 days of the LL or LA receiving it.

The tenant has to be informed of which scheme and given the relelvant paperwork to show what the terms and conditions are of this scheme. My tenants are also given the ID, so that they can log on and see the money is in the account.

Look on here at the DPS http://www.depositprotection.com/default.aspx?bhjs=1&fla=0

It is not the only deposit scheme used by LL's, but has the rules set out clearly.

If as you state, you have no idea where your deposit has gone or who with, he has broken the law. You are entitled to make a claim. That said, I gather if they deposit the money now they can get away with it from posts on here.

He can't evict you for at least 2 months.

I think you have to get quite firm with the LA and demand to know what is going on, either from them or the LL. To put a sign up without informing the existing tenant is dreadful. Good luck OP, and keep us informed of what happens.

polkadot

That said, I gather if they deposit the money now they can get away with it from posts on here.

Thank you, so having establishing all this, will I still have recourse if he witholds my deposit?

Geenie

In a proper scheme it goes to independant arbitration if any disputes.

Fire_Fox

Is it possible another flat is to let and there has been a mistake?

silvercar

Very odd that the landlord hasn't asked if you want to stay. Why wouldn't a landlord want to keep a decent existing tenant rather than risk a void.

polkadot

Fire_Fox wrote: »

Is it possible another flat is to let and there has been a mistake?

I'm hoping this is the case, although DF Sayys they came to put it up when he was on his way out-apparently he said specifically it was for our address. DF seems to think its the letting agents have assumed because their books told them its been a year? It's all very odd-LL works abroad so we have very little contact and when we do its mostly "hows the flat" its okay, this or that needed fixed so we did it" or this ones a bit more than we can handle". Im wanting to try to call him again in the morning but Im not sure what to say:o

Fire_Fox

If notice has not been served on you, then it's foolhardy to try to let the place - you are legally entitled to 'quiet enjoyment'. And it makes no sense to spend money on employing letting agents when you have sitting tenants who are, I assume, paying rent regularly and little trouble. That's why I think there has been a mistake.

I would write to the landlord, informing him of the error: you need written records of all communication, just in case. Writing also means there won't be any further misunderstandings, and means you won't let your natural worry cloud what you say, or indeed what you hear. Alternatively write to the letting agent asking them to remove the sign, which they have erected for a flat that is currently occupied. They should know that means they can't organise any viewings.

You should have a contact address in this country for your landlord, don't you have this? He should be advised of anything that needs fixing in writing before you take any action. Only if you cannot get a response or in an emergency should you employ a professional. Check your lease for the exact rules.