Not recieved my Tenancy Agreement

hotlatte

Hi All,

I rented this property on 16th June 2008 on 6 month AST furnished (with washing, fridge, cooker, etc) that I have been renewing on 6 monthly basis. Usually, the agent would call me a month earlier to check my intentions and then forward the tenancy agreement for signing.

This time May 2009 when the renewal was due at 16 June 2009 agent called me to discuss further renewals. I advised him that there were number off matters (as below) that needed attention and that I will be fine with the renewal for another 6 months.

Fridge - Provided in the flat was very old and had holes / gaps in the rubber due to which cool air was escaping and my food was continuously going off. I countered this by decreasing temperature however, that caused the freezer to ice up.

Cooker - The grill will not heat up totally non- functional since i moved in.

WC - The flush filler tank will not fill up with water immediately it takes atleast 10 mins for it to fill up. This is unhygienic moreover, if someone else used the facility in between it wont flush. This was a problem since I moved in and basically, the landlord has been fobbing me off since then.

I advised the agent that since I am a long term tenant the Landlord should be able to resolve these issues.

Issue: - The problem is that since then I have heard nothing from the agent and he has not sent me a tenancy agreement either. I am worried that i am paying the rent on time. What are my rights under the circumstances . In your opinion what could the Landlord be playing at? An advise would be very helpful.

Thanks

princeofpounds

Regarding the tenancy, don't worry. If the fixed term expires then you enter a statutory periodic tenancy, which is exactly the same as the old one, except your LL needs to give you 2m notice to move and you 1m, to coincide with the rental periods. In theory, you never needed to renew any of your tenancy contracts after the first one.

Regarding the repairs, why have you waited so long? Tenants have a right to perform repairs if the LL does not in a reasonable time and offset against future rent. The procedure was established in Lee-Parker vs Izzet (1971) and Shelter's website tells you how to do it in layman's terms. You have to document it and be precise but normally just the knowledge that you know about it gets the LL moving.

Given you have waited a year (!) already then you can probably get these problems fixed within a fortnight by being assertive.

princeofpounds

Oh, as to what the LL might be playing at - he might want you out this time, sorry. Could be for any reason. Although you would expect him to have served notice.

Equally he might have realised that he has no need to renew fixed period contracts and gets fed up with the agent asking for the fee.

hotlatte

Thanks friend but the issue is that the fridge is old and so is the cooker plus the WC repair may cause the flush tank to crack as it is an awkward place to carry out plumbing work. What do you think?

I had a same thought that they are probably planning to get me out is time since i have showed them the list of jobs to be carried out. To let you know they have not served a notice on me do you think I should approach the Agent for it? 2ndly i also paid £1100 deposit what effect will it have on the return of the deposit if i carry out the repairs since the landlord may be not very happy with me doing repairs.

Please, she further light on this.

clutton_2

is your deposit in a Deposit Scheme

hotlatte

i think it is but not sure I better check and what if it isn't? Please, advice.

princeofpounds

What do you think?

If it's broken, it's broken, get it repaired. Do not seek betterment, just restoration of function. This is the landlord's obligation, no matter what the cost or difficulty. The idea anyway is to stop the 'fobbing off' as you put it, not do all the work yourself ideally.

I would say grow a backbone, but I understand that most people renting aren't aware of 10% of their rights and so it comes as a surprise that they aren't subservient to landlords. You are paying for a service.

No-one with their head screwed on is going to lose a decent tenant for the cost of a flush tank unless they wanted to lose them anyway.

To let you know they have not served a notice on me do you think I should approach the Agent for it?

No. Until they serve you with a notice there is no notice. For all you know, they aren't going to want you to leave at all. Stop worrying about it, and if you do want certainty of tenure, then approach them but don't go asking for a notice, just ask for another fixed term and see what they say.

i think it is but not sure I better check and what if it isn't?

Check with the three official schemes, you should know anyway as they are meant to serve you with the information of protection within 14 days of receiving your deposit.

If it has not been protected, then you will need to write to you LL to ask for it to be so. If nothing happens, then you will need to take your LL to the small claims court. It's very easy, and usually just the threat of it will produce results as if they do not protect the deposit they will be hit with a 3x penalty.

hotlatte

Thanks very much for your response I very much appreciate it....

tbs624

Just a couple of queries before you rush off to follow what prince ofpounds is suggesting. As you are under a periodic agreement ,so can simply be given notice, my suggestion would be that you (a) use that ooption as an absolute last resort and (b) if you want to go ahead with it, read up fully first on the right way to do it.

See here

Have you notified any of these maintenance issues to the LA/LL *in writing*?

Do you have your LLs name and address? If not, ask the LA for it- make your request in writing & keep a copy.He has 21 days in which to give you that information or he commits a summary (criminal) offence. You can then copy the LL in to all discussions between you and the LA.

The grill on your cooker - have you checked whether it is one of those that will not heat up if you have the grill/top oven door closed ?

The lavvy cistern- is it one of the water saver "duoflush" types?

Jowo_2

You will find the section on the Shelter website about the landlord's responsibilities for repairs and how to ensure they are done very informative. This includes how to offer to do repairs with the landlords consent and a process whereby you do the repairs yourself and withold the rent (which must be followed exactly but may provoke the landlord to evict you).

Regretably, there are some landlords who would prefer to evict a tenant rather than attending to repairs. Landlords issue notice to tenants via an S21 which is also known as a 'no fault notice' - so long as they complete the paperwork correctly, the notice is valid, and they do not have to give a reason.

Have you considered trying to get a fridge through Freecycle - you could take it with you when you leave or freecycle it back and put the original knackered one back in its place.

Fire_Fox

You need to inform the landlord in writing ASAP. They may be able to claim that your delaying reporting the fault with the fridge has damaged it permanently.