Landlord showing tenants around before notice period starts

StudentMoneySaver

The guarantor is my Mum, where I'll be returning once I'm out of this hell.

This flat seems to have had a high turnover of tenants, judging by the amount of post I receive addressed to other people. Perhaps they regularly do this in the hope someone will pay the increased rent.

Thanks for the advice, hopefully someone will clarify whether the break clause should apply to both.

olly300

Just had a look at the act and your contract.

Due to unreasonable costs for late rent payment, unreasonable notice clauses and several clauses that limit your right to quiet enjoyment I would avoid using that letting agent again.

Examples -
1. Why can't you give notice between October and December to leave?
2. Why do you have to give them 2 months notice when the tenancy becomes periodic when you pay your rent monthly?
3. Why does it cost the letting agent £100+VAT to pay a visit if the rent is late?
4. Also if the landlord/letting agent harasses you and you change the locks but refuse to give them the keys due to the harassment they state they have a right to call a locksmith to change all the locks and charge you for it.

Finally be aware that you will be charged £100 when you leave for the landlord to clean the property. (Look under Repair of the Premises)

Fire_Fox

Another extract from the AST which may breach the Protection from Eviction Act 1977

"If the landlord or his agent should require a set of keys for the property than the tenant will provide a set with in 7 days of the landlord or his agent requesting the same in writing. The cost of this will be at the landlord or his agent expense. If the tenant has not provided the landlord or his agent a set of keys with 7 days of the landlord or his agents written request, then the landlord or his agent will instruct a locksmith to change locks to the property and the cost of this will be to the tenant."

"Entry by landlord or agent
To allow the landlord or his agent upon twelve or more hours prior notice (except in the case of an emergency) to enter the premises

1. 1. 1. to inspect its condition; or
      2. to carry out repairs or alterations to the Premises; or
      3. to show the premises to prospective tenants or purchasers once any notice to determine the tenancy has been served by or sent to the landlord. In the event that the landlord is unable to make contact with the tenant the landlord shall be entitled to proceed with viewings of the property."

According to Shelter
"Your landlord (or anyone acting on your landlord's behalf) should give you at least 24 hours' notice in writing before coming round, unless it's an emergency."
And remember my earlier link saying the landlord cannot enter your home when you are out (Protection from Eviction Act again)?

olly300

StudentMoneySaver wrote: »

t.

Thanks for the advice, hopefully someone will clarify whether the break clause should apply to both.

No it doesn't unfortunately.

Please please read your next agreement properly by asking for a copy of the agreement to take away. Look on the Shelter website to see if any clauses are dodgy and then ask on here.

Quick research shows the clause is a con by the letting agent for you to pay for a 12 month tenancy contract, but to allow the landlord to only have you in for 6 months.

Fire_Fox

Did you read this AST before you signed it???? :eek::eek::eek:

"To pay the rent in accordance with clause 6 hereto whether formally demanded or not and all other sums due to the landlord on time. Late payments of rent will incur an administration fee of £250.00 should rent be not be paid after 5 days when such rent becomes due (including Saturdays and Sundays) under this agreement. Unless formally waived in writing by the landlord or his managing agent (and not his letting agent) such sum becoming payable to the landlord as additional rent and must be discharged in full when the next month’s rent becomes due. After such time an additional administrative charge of £50.00 daily will be levied against the tenant should rent continue to remain unpaid in whole or in part."

olly300

Fire_Fox wrote: »

Another extract from the AST which may breach the Protection from Eviction Act 1977

"If the landlord or his agent should require a set of keys for the property than the tenant will provide a set with in 7 days of the landlord or his agent requesting the same in writing. The cost of this will be at the landlord or his agent expense. If the tenant has not provided the landlord or his agent a set of keys with 7 days of the landlord or his agents written request, then the landlord or his agent will instruct a locksmith to change locks to the property and the cost of this will be to the tenant."

"Entry by landlord or agent
To allow the landlord or his agent upon twelve or more hours prior notice (except in the case of an emergency) to enter the premises

1. 1. 1. to inspect its condition; or
      2. to carry out repairs or alterations to the Premises; or
      3. to show the premises to prospective tenants or purchasers once any notice to determine the tenancy has been served by or sent to the landlord. In the event that the landlord is unable to make contact with the tenant the landlord shall be entitled to proceed with viewings of the property."

According to Shelter
"Your landlord (or anyone acting on your landlord's behalf) should give you at least 24 hours' notice in writing before coming round, unless it's an emergency."
And remember my earlier link saying the landlord cannot enter your home when you are out (Protection from Eviction Act again)?

There is another clause that is well dodgy under the Protection from Eviction Act

1. Forfeiture

If :

1. the whole or any part of the rent is unpaid for twenty one days after it becomes due (whether legally demanded or not); or
2. there is any material breach of any of the tenants agreements
   

the landlord shall be entitled (in addition to any other right) to repossess the Property and this tenancy shall then immediately terminate but without affecting the landlord’s right to sue the tenant for any breach of covenant.

G_M

Excuse me barging in but a lot of rubbish has been said in this thread! Sorry!

1) Yes, an AST can be for 4 months, or indeed any period. The 6 months belief comes about because as a result of statute law a landlord CANNOT seek request possession before 6 months. So the fixed term could be 4 months and the tenant could then leave, but if tenant stays, LL cannot enforce the 4 months but must wait till 6. Consequently MOST ASTs are 6 months or more.

2) However this seems to be a 12 month fixed term.

3) During the fixed term, the rent CANNOT be raised.

4) Because of the break clause, the LL CAN seek possession at the 6 months point, provided the necessary notice is given.

5) The tenant has no break clause so can either
a) wait for 12 months
b) leave after 6 months IF the LL has used the break clause or
c) leave at ANY time if the tenant and LL AGREE (in writing just to be safe!)

6) Even if the LL uses the break clause correctly and requests the tenant leave after 6 months, the tenant can STAY. The LL would then need to seek a court order (2 months or so??)

7) If the tenant does not want ANY viewing, he can refuse. A letter should be sent to the LL/agent stating this. If the tenant is happy to allow viewings at restricted times (ie when he gets in from work) same thing. Write a letter. If the tenant does not want viewing while he is out, same thing - write a letter.

8) As there is no deposit, and hence no fear of it being held back, I see no reason to be overly worried or 'nice' about viewings.

9) If the tenant fears the LL will ignore his instructions about no viewings, he should change the lock, keep the original one, and replace it when he leaves.

10)the contract, like many, is full of illegal clauses which CANNOT be enforced - ie the locks; the repossesion after 21 days rent arrears (needs a court order); the excessive admin fees for late payments etc etc. No court would uphold these contract terms!

IGNORE THE CONTRACT AND USE THE LAW CONCERNING ASTs!

Hope this helps!

ps - it's been suggested this LL does not know what he's doing. I think he knows exactly what he's doing and is counting on his tenants not knowing! Do not take any b*llsh*t from this LL!

olly300

Fire_Fox wrote: »

Did you read this AST before you signed it???? :eek::eek::eek:

"To pay the rent in accordance with clause 6 hereto whether formally demanded or not and all other sums due to the landlord on time. Late payments of rent will incur an administration fee of £250.00 should rent be not be paid after 5 days when such rent becomes due (including Saturdays and Sundays) under this agreement. Unless formally waived in writing by the landlord or his managing agent (and not his letting agent) such sum becoming payable to the landlord as additional rent and must be discharged in full when the next month’s rent becomes due. After such time an additional administrative charge of £50.00 daily will be levied against the tenant should rent continue to remain unpaid in whole or in part."

Don't worry it's only another £100 + VAT if the agent has to come out to visit you to ask you to pay the rent.


:eek::eek::eek:

olly300

G_M wrote: »

Excuse me barging in but a lot of rubbish has been said in this thread! Sorry!

Read the OP tenancy agreement and you can see why we are going :eek:

While your explanation about the other things are correct this below is wrong:

G_M wrote: »

9) If the tenant fears the LL will ignore his instructions about no viewings, he should change the lock, keep the original one, and replace it when he leaves.
!

The tenant is not allowed to do that under this contract as the landlord/letting agent will ask for the keys and if they aren't received after 7 days will call out a locksmith to change the locks.

StudentMoneySaver

I feel a bit silly for signing it now. I was pretty much put under pressure to pay a holding fee with in a day of viewing, otherwise the property would have gone according to the agent. After that I was locked in due to financial constraints, I couldn't afford to drop the money paid already. The rent was cheaper than the rest and the no deposit got me (probably their tactic to get people in). I'll know for the future about this stuff, I'll stick to physical, shop front, agents, accredited by the local authority, rather than relying exclusively on the internet.