advice needed about renewal of AST

Fire_Fox

BitterAndTwisted wrote: »

If it states quire clearly that your rent was inclusive of the council tax I believe that it would be rather difficult for the local authority to try and charge you for it now. All of the clauses in your original AST remain unchanged once you go onto a rolling periodic tenancy. The rules about protecting your deposit are not clear to me given the length of your tenancy, so I'm hoping an expert will be along shortly to advise you.

That is wrong, sorry. If the council tax is unpaid the council will chase under the hierachy of liability, whatever is written in a tenancy agreement is seen as a private arrangement. To enforce a landlord paying the tenant would need to settle the bill (in order to avoid CCJs and bailiffs) and then start a small claims action.

BitterAndTwisted

No apology required which was why I said "I believe" rather than "I know". Your advice is excellent about the hierarchy and I suspect that if the C Tax is currently in arrears the tenant would have heard all about it by now. It's not like a whole flat in a building could just disappear from their records but this is a Local Authority we're discussing so I suppose anything is possible

DVardysShadow

BitterAndTwisted wrote: »

It's not like a whole flat in a building could just disappear from their records but this is a Local Authority we're discussing so I suppose anything is possible

Hmm. I can see an admin nightmare here. I can see the flat being removed in some administrative action which made sense at the time, but now the records may be lost and if the OP picks at it, then the flat is indeed discovered to be missing, but the reason why remains lost. This in turn could bring forth a claim for back council tax, which may or may not have been paid, depending on whether the admin change was followed through completely.

franklee

june118 wrote: »

When the AST expired after 6 months and switched to a periodic tenancy, wasn't my deposit protected anymore? What does it mean?

As you have been on a periodic tenancy since before the Tenancy Deposit Scheme was introduced your deposit doesn't have to be protected. If you renew by signing a new tenancy agreement it does. See:

"Is your rental deposit safe?

From 6 April 2007, all deposits (for rent up to £25,000 per annum) taken by landlords and letting agents for Assured Shorthold Tenancies in England and Wales, must be protected by a tenancy deposit protection scheme."

http://www.direct.gov.uk/en/TenancyDeposit/index.htm

What are Tenancy Deposit Schemes?
http://www.direct.gov.uk/en/TenancyDeposit/DG_066383

Basically it makes it easier to deal with getting your deposit back and keeps it safe during the tenancy,

june118_2

Hello all

A few facts:
-AST signed on feb 2004 expired 6 months later
-Led to an ongoing Statutory Periodic Tenancy
-LA changed twice in the course of 6 years
-Notice to quit given: 15 aug-15 sept

I wish I would have renewed my AST in regard to the protection of my deposit into a scheme as Franklee suggested last january.
Well, as I thought I'd be less than 6 months in my flat, I decided not to risk paying xtra rent and agency fees. However, I may have overlooked the issue now I realise how bad are the statistics of deposit return for private tenants who paid deposit before 6 April 2007.

I have concerns over the inventory. I have given a little over a full calendar month notice to quit to the LA and they accepted it on 11 August 2010.
I requested to go through the inventory of fixtures on 15 september, my last day in, so I would have enough time to clean the empty flat thoroughly prior to that day. However, they haven't agreed yet. Instead, I was emailed today by the LA to arrange a meeting for them to view the flat the next day!? As it was too short notice, I rescheduled and we agreed for next thursday.

My first question: is a viewing some kind of pre-inventory? Can they use it as a basis for any deduction from my deposit? Shall I take this opportunity to review with them whatever needs fixing before the actual inventory? Is there any point asking them if my deposit is protected or can I check it by myself?

Although I believe I'm leaving the flat in good condition, there is the issue of tiny burn marks on flooring and kitchen countertop due to accidental domestic fire 2 years ago. I reported it to the LA the following day and invited the LA to check for themselves how minor it was. They missed the appointment and the matter didn't go any further. There is however a clause written in my original AST stating that damage resulted from fire in the flat was to be at the charge of the landlord.
In that case, do the original terms of the AST still prevail? Even though I am in SPT?

Also, after 6 years and 7 months renting, furniture and fixtures are expected to show signs of fair wear and tear.
I am worried about the statistics of deposit refund in private renting. In the event of a disagreement over the return of my deposit do I have any options other than Small Claim provided my deposit isn't protected?

Thank you for your help.

Jowo_2

june118 wrote: »

...
-Notice to quit given: 15 aug-15 sept

...
I requested to go through the inventory of fixtures on 15 september, my last day in...

If you've given a months notice commencing on 15th August, then it expires on the 14th of September - the 15th is a month, plus one day. If you stay in the property one day past the expiry of the notice, assuming this coincides with the rental period of your periodic tenancy, the landlord can charge you another month's rent.

When did your original tenancy commence, the exact day and month? And do you pay monthly?

The Shelter website has a section on how to end a periodic tenancy, with an example of how to work out the dates.

Jowo_2

june118 wrote: »

Although I believe I'm leaving the flat in good condition, there is the issue of tiny burn marks on flooring and kitchen countertop due to accidental domestic fire 2 years ago. I reported it to the LA the following day and invited the LA to check for themselves how minor it was. They missed the appointment and the matter didn't go any further. There is however a clause written in my original AST stating that damage resulted from fire in the flat was to be at the charge of the landlord.
In that case, do the original terms of the AST still prevail? Even though I am in SPT?
.

Assuming there was a signed inventory which detailed that the floor and kitchen countertop had no burn marks, you will be held responsible for this if it was caused accidentally or through negligence.

This has nothing to do with your type or tenancy. The agent's failure to witness it at the time is irrelevant.

A tenant is obliged to act in a tenant-like manner and is responsible for costs associated with the repair or replacement of items where the damage has been caused by their actions and is unrelated to fair wear and tear or a defect/maintenance issue.

Jowo_2

june118 wrote: »

Also, after 6 years and 7 months renting, furniture and fixtures are expected to show signs of fair wear and tear.

Just to double check - did you sign an inventory/schedule of condition at the outset of your tenancy and keep a copy of it? And what kind of specific wear and tear on the items are you referring to - give examples?

Fair wear and tear doesn't have a legal definition that I am aware of but broadly relates to natural deterioration under tenant like usage. This means it covers things like carpets thinning around doorways, fabric fading due to sunlight, etc. It excludes all marks, stains, burns, dirt, scratches and the like which are considered to be damage, caused through tenant behaviour and not through the passage of time.

A landlord is expected to take into account the age and original condition of the item when calculating a deduction. Hopefully someone else can give you pointers on this.

june118 wrote: »

. In the event of a disagreement over the return of my deposit do I have any options other than Small Claim provided my deposit isn't protected?
.

Not that I'm aware about. I've seen forum members recommend that tenants take pictures of the property to demonstrate the clean and undamaged condition that they've left it in. Perhaps someone else on this forum can give you pointers on how you improve your chances of getting your deposit returned in full?

Do you know your landlord's address? If not, submit a request in writing to the agency as they are obliged to provide you with this within 21 days of a written request. Tenants take legal action against the landlord - agents are mere intermediaries, the tenants legal relationship is with the landlord so you'll need his address for any future court action.

june118_2

Jowo wrote: »

When did your original tenancy commence, the exact day and month? And do you pay monthly?

It started on 16th and the LA received my notice to quit on 10th august this month. So I actually gave 1 month and 5 days notice.

june118_2

I pay by calendar month.