Landlord showing tenants around before notice period starts

Fire_Fox

"The tenant has the right to quiet enjoyment of the property for the duration of the tenancy along with the legal right to live in property as if it was their own home. This means that they have the right to a peaceful existence without undue disturbance. Harassment is a criminal offence under the Protection from Eviction Act 1977 and may result in the landlord being fined, or even imprisoned in extreme cases. Harassment can take the form of:

• Entering the property without permission.
• Changing the locks without giving the tenant warning or new keys.
• Cutting off utilities such as gas water and electricity.
• Tampering with mail or possessions.
• Verbal or physical abuse or threats.
• Enter the tenant's home whilst the they are out."

http://www.themovechannel.com/guides...tenant_rights/

StudentMoneySaver

Fire_Fox wrote: »

I am pretty sure the minumum AST is six months, there is no such thing as a four month unless the tenancy is terminated by mutual agreement (always in writing). The law states tenants have to serve notice of one rental period (i.e. one month) , landlords serve two months. It doesn't seem fair (OFT fair rather than Fire Fox fair) that there is a break clause for the landlord and not the tenant - if it is a four month AST how can you not leave until month ten????

http://www.landlordzone.co.uk/notice_to_quit.htm

Thanks for that information. Will the contract be invalid? or can I just serve one month notice, despite what the contract says?

The contract says it is an AST under the provisions of the Housing Act 1988. Does this have any significance?

Fire_Fox

StudentMoneySaver wrote: »

Thanks for that information. Will the contract be invalid? or can I just serve one month notice, despite what the contract says?

The contract says it is an AST under the provisions of the Housing Act 1988. Does this have any significance?

My understanding is that an AST is a minimum of six months in duration, then if you don't sign a new contract you go onto a periodic tenancy. Once you are on a periodic tenancy either party can serve notice to quit at any time, coinciding with a rent period. Interestingly tenants can legally vacate on the last day of the fixed term without giving any notice, although that would be a good way to get your landlord's back up.

Alternatively an AST could be, say, twelve months in duration with a break clause at six months, if you miss that you are both tied in again until the end of the twelve months. AFAIK if there is break clause that should be available to both parties.

Another alternative is a twelve month AST with no break clause, so both parties are stuck for the full twelve months. If your AST is only four months (hmmm) then I can't see how you can possibly not be allowed to serve notice until month ten - you must be in a periodic tenancy after month four so you can serve notice at any time.

I would certainly not say your entire contract is invalid, but probably several clauses would be over-ridden by the law - you can't be held to serving two months notice for example and you cannot be forced to allow the landlord or agent access for show rounds. I can't see why you cannot serve one month's notice to quit at the five month point, to leave on the dot of six months.

We have several regular posters on the board who are professional landlords, professional letting agents or have a strong interest in housing law so if you hang about a few hours someone will confirm or deny my understanding of the legislation as I am just an amateur!

StudentMoneySaver

I have a digital copy of the contract, would it be possible to send it to someone to look at (or if they use Google Docs I can share it with them). I'm not sure if I'm explaining it very well.

It would be great if I could serve notice right now, at least I know the date I will be leaving and it won't be in 2 months time.

kmmr

To be honest it sounds like a six month contract, where notice must be given at the four month point if you want to leave at the end of the six months.

Anyway, that is all irrelevant to the showing of the flat issue. The law is clear on your right to quiet enjoyment. It's really at your discretion to decide if you want to let them through. As a landlord I am very careful dealing with showing prospective tenants around when the sitting tenant is there. I only do it a couple of time a week on agreed days, and give notice if I am coming or not.

Means I can plan in advance, and tenants appreciate being treated well - and don't get annoyed and do damage to the flat or leave it untidy in retribution!

Fire_Fox

StudentMoneySaver wrote: »

I have a digital copy of the contract, would it be possible to send it to someone to look at (or if they use Google Docs I can share it with them). I'm not sure if I'm explaining it very well.

It would be great if I could serve notice right now, at least I know the date I will be leaving and it won't be in 2 months time.

If you can post a link to where your AST is hosted someone will definitely be able to give you a definitive answer, as it does all seem a bit confusing! Be careful to remove any personal details.

StudentMoneySaver

http://docs.google.com/View?id=dfn75r3d_96fhfdqgd8

I removed all personal details but left everything else intact. Thanks for helping me everyone.

Fire_Fox

You have signed up to a one year AST (that is actually one year exactly and NOT one year less one day, somebody cannot count!!)
"The tenancy shall commence on 30th September 2009 and shall be for a term of one year less one day to 29th September 2010."

With effectively a six month break clause for the landlord
"The landlord may end the tenancy by giving the tenant not less than sixty days notice in writing after the expiration of the first four months of the term ..."

And no break clause for you!
"The tenant may end the tenancy by giving the landlord not less than sixty days notice in writing after the expiration of the first ten months of the term ..."

Even more strange, you can't give notice until July and then only until September!!
"The tenant may not serve upon the landlord sixty days notice at any stage from 1st October to 31st December in any calendar year."

StudentMoneySaver

Thank you. Does this mean I have to sit it out until May (or if they find another tenant)?

The person who came today wasn't too impressed, neither was the one last week. Really depressing.

Fire_Fox

"With an assured shorthold tenancy (AST) in England and Wales the landlord cannot legally increase the rent during the fixed-term - usually 6 or 12 months, but could in theory be much longer.
Normally, rent increases are taken care of on renewal: i.e., when the tenancy comes to an end (6 or 12 months) the landlord gives the tenant/s notice to renew at an increased rent if appropriate - this all depends on the prevailing market conditions and the local residential rents being charged by other landlords."
http://www.landlordzone.co.uk/legal-residential-rentals/rent-increase.htm

You cannot currently serve notice to quit, unless one of our resident experts thinks the break clause should legally apply to both parties (I do, but I cannot back that up with legislation).

However, neither the landlord nor the agent seem to know what they are doing so I'd consider serving one month notice to quit anyway (recorded delivery) and point out that you consider the attempt to impose a an unlawful rent increase to be harassment under the Protection from Eviction Act 1977 as it was clearly a ploy to get you out.

Bear in mind they do not have a damage deposit so cannot take any 'arrears' from that - they would have to take you to court. If they threaten you can list all the unfair and unlawful clauses in the AST and threaten to counter claim for your removal costs in being served notice to quit following an unlawful attempt to increase your rent. They can only take you to court if they have a forwarding address ... did you say you had a guarantor??