Renting, wanting to stay, what could happen?

debrag

1. No inventory signed or even seen but problems with flat.
2. Deposit & first months rent paid but LA not protected it or passed onto LL.
3. Dealing with LL direct, no involvement with LA anymore.
4. 6 months comes up on 23rd October
5. I want to stay in flat
6. No late/missed rent payments

What can I do about the above? What can the LL do to me? They can't do section 21 coz theres no deposit protected or section 8 as I'm not behind on rent but what about there being no inventory?

We had planned to set up a new agreement with new deposit but I don't have the money and I don't want to be throwed out in a few months.

samroo

Damn. I should have quoted your text before hitting reply because now I can't see all your points. However, please do not pay another deposit. You have paid the deposit and it is now up to the Landlord to either ask the LA to put it into the scheme as prescribed by law or he (the LL) will be liable to 3x deposit if you take him/her to court.

There is no need for you to sign another agreement. Your original agreement is between you and the LL. The LA was acting on behalf of the LL so not your problem

debrag

So I just do nothing and the LL can't evict me?

What about problems with the flat? hole in kitchen surface, hole in wall behind door etc

my contract has a break clause after 6 months, initial term= 12 months, commencement = 23rd May 2009, Expiry date 22nd May 2011 (2010 crossed out and 2011 handwritten as I asked to extend the contract)

Jowo_2

Agree with Samroo - the failure of the LA to protect the deposit is a problem for the landlord and is for him to resolve. Seek confirmation of this from Shelter to give you assurance on this. Some landlords simply aren't aware that it's actually their responsibility when a LA fails to do something - they think its the LAs fault but in law, the primary legal relationship is always between tenant and landlord and therefore the agent is an irrelevance. The landlord had an agreement with the LA, they've not met it, he has to take legal action against them, such as a small claims court.

The lack of an inventory, though more likely to lead to disputes, actually tends to favour the tenant in the event of it being contested since the landlord cannot prove that the tenant is responsible for any changes to the condition of the property on exit. If you prefer to be protected from a future dispute, then you could arrange for the landlord to undertake an inventory of the property to provide a baseline of its current condition but its much harder to do with tenants belongings in place.

Time for you to discuss your options with the landlord, requesting a new fixed term agreement or for the tenancy to become a periodic tenancy agreement (which automatically happens if a new AST is not signed) which means it rolls on until the tenant gives 1 months notice or the landlord issues two months notice.

samroo

Any problems with the flat should be reported to the LL as soon as possible. The fact that you don;t have an inventory is in your favour as the LL would have no evidence with which to withhold your deposit.

Jowo_2

debrag wrote: »

What about problems with the flat? hole in kitchen surface, hole in wall behind door etc

my contract has a break clause after 6 months, initial term= 12 months, commencement = 23rd May 2009, Expiry date 22nd May 2011 (2010 crossed out and 2011 handwritten as I asked to extend the contract)

The landlord has an obligation to keep the property in good repair. The Shelter website has good information on how to report repairs, keep good written records, how to follow them up when they are slow, etc.

Not sure how valid it is to just amend an existing contract with a hand-written note, sounds shoddy and sloppy, check with Shelter or CAB the validity of this.

debrag

Jowo wrote: »

Time for you to discuss your options with the landlord, requesting a new fixed term agreement or for the tenancy to become a periodic tenancy agreement (which automatically happens if a new AST is not signed) which means it rolls on until the tenant gives 1 months notice or the landlord issues two months notice.

What if they won't do a new agreement due to the whole deposit business so leave it to go into a periodic tenancy what reasons can they give for two months notice?

A periodic is that after the 6 months or term of contract?

debrag

Jowo wrote: »

The landlord has an obligation to keep the property in good repair. The Shelter website has good information on how to report repairs, keep good written records, how to follow them up when they are slow, etc.

Not sure how valid it is to just amend an existing contract with a hand-written note, sounds shoddy and sloppy, check with Shelter or CAB the validity of this.

can writen records be emails?

Jowo_2

debrag wrote: »

What if they won't do a new agreement due to the whole deposit business so leave it to go into a periodic tenancy what reasons can they give for two months notice?

A periodic is that after the 6 months or term of contract?

They don't have to give a reason to serve an S21, its known as a 'no fault notice'.

A periodic contract automatically takes place upon the expiration of the contract if no further contract is signed. The Shelter site is excellent for that info and they can verify if you will hit any problems with a contract which has merely been hand-annotated to give a new date.

Jowo_2

debrag wrote: »

can writen records be emails?

sorry, I don't know about the validity of emails versus letters. Perhaps other posters or Shelter will know. For important issues, recorded delivery letters are the best option.

debrag

see thats what I don't want , to be given 2 months notice and it be 23rd December.

How long do possession orders take?

If you were my LL would you let me continue to rent from you?