Landord - Agency fight, Tenant in the middle *UPDATED*

princeofpounds

madeupname1 and Jowo are right, as I suggested you should comply with the landlord's request on directing payment, assuming that:

a) you are sure he is the landlord (I'm sure he is, the reason I am equivocating is because there might be some odd situation where the 'agent' has a tenancy and is subletting, so is both tenant 1 and agent, but that's not likely and very bizarre!).
and
b) you get it in writing so you have a paper trail

CHR15

**** UPDATE *****

Things have been okay last Month, neighbour complied with LL wishes, cancelled the DD to the Agency and has paid the LL directly.

Today the LL pops round with a new Tenancy agreement.... I don't like it...

1.
It begins another 6 Month contract period.

I can't see this as fair, she has been there for years (about 6), the mishap is nothing to do with her, I simply can't see why she should be locked in for another 6 Months because he chose an unreliable Agency (although I do understand why he would want this).

2.
LL is asking for ANOTHER deposit of £500.

Completely against this. The Landlord has told her the Agency has her original Deposit, if she wants it back, she will have to take the Agency to Small Claims

3.
The new contract makes no mention of any deposit scheme

I would have thought he would know better than this. The Contract simply states the LL will hold it and use it for any repairs he sees fit. If he uses it for repairs, he will increase the rent to "top up" the deposit back to its original value.

4.
The new contract states the entire house must be redecorated throughout before surrender including repainting walls and ceilings.

!!!!!!?? Clean the place of course, but pay for an ENTIRE redecoration of all rooms????

I have told her not to sign it until we (she) can get more info.

terryw

1. On the plus side it does give at least 6 months security of tenure and refusal to sign could lead to a S21 notice.

2. Nonsense. A deposit is held for which the LL is responsible.

3. Very silly LL. Any further deposit must go into scheme. The LL is responsible for repairs.

4. I agree with your initial comment.

RedSoleShoes

CHR15 wrote: »

I haven't got the agreement to hand but I was less than impressed when I saw it. Not on headed paper, nor even page numbered.

I say not headed, no better headed than the Agency name and address typed up in bold font using MS Word at the top centre

Just to confirm what has been mentioned, the agreement should not be on headed paper. All the agency do is draw up a contract for the LL and tenant. If either wanted to take the other to small claims then it is the actual contract that both have signed that is important, not the agent or solicitor who issued it. Of course, if the contract does not comply with Contract Law then that is another matter.

Also, a note for LLs, it is best if you ensure the deposit is in an approved scheme yourself - don't go through the agent. I have read about agents going bust and deposits being swallowed up by the creditors. As a LL, all comeback is on you if a deposit is not paid back as it should be.

RedSoleShoes

It seems the LL has decided to now bypass using an agent and claim all the rent money himself. Fair enough but only if the original contract through the agency has come to an end. He can start a new agreement after this (and can make it minimum 6 months if he wants, unfortunately). LL is responsible for the deposit thought, not the agent, so it is not up to the tenant to get this back from the agency.

If he wants a new deposit and new contract, he must ensure the old deposit is paid back first and that the appropriate notice is given as per the old contract. Only then can he put the new one in place.

It does not seem a good situation. I think your friend may have problems with this :-(

princeofpounds

1. There is no need for a new contract unless both parties want one or at least one wants one and the other concedes to avoid ending the relationship. The old contract remains valid and if the fixed term expires simply becomes periodic. 2 month notice require from LL, one from T, all terms otherwise the same.

2. The landlord is just simply wrong about the agent being responsible for the old deposit. The T will take HIM to court and WILL win. It is ALWAYS the responsibility of the LL.

3. Any deposit MUST be in a scheme. Forget the new one, what about the old one?! It also cannot be used for general repairs, only damage.

4. Ridiculous. Would be thrown out as an unfair clause.

The LL is an idiot and will get himself in real trouble with fines if he doesn't learn the law. Your options:

- forget dealing with a fool. Hand notice in, sue for deposit or fail to pay last rent to recover it, move on.

- educate him about the law on letting- deposit protection legislation and section 11 repairing obligations inparticular

- teach him a practical lesson. Sue for the deposit protection and penalty. He cannot issue a section 21 until he protects the old deposit, so he cannot remove your friend if she pays rent. If he is obstructive, he will also have to pay a 3x deposit fine.

clutton_2

i suggest you write him a very polite letter, explaining that you do not wish to be tied in to another fixed term, and so signing another tenancy agreement is not what you want to do, and that you are now on a Statutory Periodic Tenancy and are happy with that. (let him go find out what that means)

Then go on to say that you have been advised that as you have alread paid over one deposit, it is not necessary for you to provide another, and that he is responsible in law for the deposit, and that at the end of the tenancy you will come to him its return.

Dont threaten anything at this stage.... you need to develope a good relationship with him if you want to stay here..

if you are not going to sign a new agreement it is utterly pointless arguing the toss about any of the clauses.. as this will only aggravate an already difficult situation.

Keep it simple

terryw

CHR15 wrote: »

**** UPDATE *****



I can't see this as fair, she has been there for years (about 6),
.

Ah, deposits did not need to be put into a scheme then

princeofpounds

The deposit WILL need to be on a scheme if a new contract is signed, and if the original tenancy fixed period has been renewed at any point in the last couple of years.

Can the OP please clarify?

CHR15

Thanks guys, some great stuff here.

[STRIKE]The Tenancy Agreement has not been renewed since she has been living there, so it has been in place for approx 6yrs[/STRIKE].

EDIT: she signed a new agreement in Sep 09.

I have offered to be there when he returns to collect the (signed) copy of the agreement.
I am happy to explain why I have advised her not to sign, and what I consider to be errors within it (with your help lol! ).

I have reassured my neighbour, and offered to fund the legal process if the wheels fall off completely.

Additional little things in the new contract bug me, for example, there is to be no showering device of any kind used in the house! It's a 2 bed semi built around mid to late 80's.... seems crazy. I suppose it is his house so can impose those rules if he wishes though.

Thanks for the replies.