Repairs and Admin fee, leaving property.

Unkownn

Hello all.

Our agency allowed us to resign our documents for a new assured short-hold tenacy agreement. They are charging us £90 + VAT for this, which yes is extortionate.

However due to financial issues they understood and allowed us to pay this later. However my brother received a call today (Even after emails where I stated they must CALL ME!) stating they are demanding the admin fee by the end of June.

Unfortunately our financial situation hasn't improved. The brother is still on part time hours and I work as much as I can (Full-time+)

Does anyone know what they would do if we did not pay by the end of the month? And what should I do in regards to communicating with them that we cant pay it?

Our rent is fully up to date.

Also the upstairs toilet isn't working (doesn't flush) now brother mentioned it earlier to them and they said either get it repaired and charge them for it or arrange to get them to do it (which I will do)

There is also an issue with the bed in our small single room. Mum keeps telling me that they have to repair it as the base of the bed is breaking.

Or do we have to fix it? The dwelling was fully furnished.

I don't like having to ask them to fix things as last time we had an issue with the heating we got told we dont pay enough rent to warrant repairs/improvements. The LL choosed the figure...why shouldn't we get repairs.

Also how easy is it to exit and agreement with the agency? We have an agreement which has a 6month clause saying we can exit at any time but that inst up till end of July and have to give 2 months notice. Is there any easier way out of the agreement without losing the deposit?

clutton_2

this sounds like an amateur landlord - of course you are entitled to repairs all tenants are....


when did you first sign a tenancy agreement ? and have you signed this latest request from the agent ?

Unkownn

clutton wrote: »

this sounds like an amateur landlord - of course you are entitled to repairs all tenants are....


when did you first sign a tenancy agreement ?

We've never actuaally spoken to the LL as its through an Agency, they simply relayed what he said.

The agreement states 27th Febuary 2009 but signing happened on different dates. Resigned just after the date this year again exact same date for agreement start date, just signed different date. Dont have the exact date of signings as my brother needs to find the agreement.

Wee_Willy_Harris

First and foremost, the tenancy and the admin fee are two separate issues, they CANNOT hold one as ransom over the other. You now have a signed, agreed tenancy and all the rights and responsibilities that go with it. The lack of an admin fee will not change that. The LA will have to chase you in the normal way for their fee.

Having established that you have a tenancy, you have rights that come with that. Request, in writing, keeping a copy, that the toilet be repaired without delay. Same applies to the bed. Was the heating fixed in the end? If not, that too. The level of rent charged has no bearing on the cost of repairs. That's just part of being a landlord. I'm sure he doesn't offer you a rebate on the months nothing goes wrong?

Keep copies of ALL correspondence and put EVERYTHING in writing from now on. You MUST keep copies as you may need them at a later stage. Good practice is to use recorded deliver or get them to sign an acknowledgement of receipt if hand delivered.

You need to give the LL a "reasonable time" to put these issues right. If the broken toilet in the only loo in the house, I'd say 48 hours was more than reasonable. If not, 7 days, same for the heating at this time of year.

If the repairs aren't being done, contact you local authority. They will have a department called something like "private sector leasing", usually attached to environmental health. They can instruct the LL to make repairs and, if he doesn't, instruct council workment to do so on his behalf and re-charge him.

KEEP YOUR RENT UP TO DATE!

clutton_2

""but that inst up till end of July and have to give 2 months notice""

tenants NEVER have to give two months notice.. it is always 1 month.... you need to give us proper dates from your agreement before we can advise properly please

Unkownn

"..for a term certain of 12 months ('the term'). Please note the initial 6-month period is fixed and thereafter either party can give 2-months notice."

"From the 27TH day of FEBRUARY 2010 to the 26TH day of FEBRUARY 2011."

"Tenant agrees to pay rent in advance by SO in the following instalments namely the first payment of £595 on the signature of this agreement and thereafter the sum of £595 per 11 calender months commencing on 27TH MARCH 2010."

Swear the last statement sounds like paying every 11 months lol.

Signed by my brother on 24th April 2010, myself 17/5/2010 and the landlord 18/5/2010 Delay due to admin fee not being able to be paid.

Wee_Willy_Harris

Unkownn wrote: »

"..for a term certain of 12 months ('the term'). Please note the initial 6-month period is fixed and thereafter either party can give 2-months notice."

Is this all typed into the agreement, or has the bold text been added later?

Unkownn

Wee_Willy_Harris wrote: »

Is this all typed into the agreement, or has the bold text been added later?

Its all typed. Just that bit was typed bold.

silvercar

So the first 6 months is fixed ie to 27 August 2010 and thereafter you can give 2 months notice. I've seen these agreements before. Basically you have a one year contract from Feb to Feb to which normal housing legislation applies ie after that date you could decide not to sign a new contract and your tenancy would become periodic, requiring two months notice from a landlord and one month from a tenant (both to end at the end of a rent period). Within the contract, instead of being for one year with no option to leave you can give two months notice after 27 August. So the earliest you can give notice is 27 August to leave by 27 October.

Wee_Willy_Harris

Hmmm.... So, it's a 12 month contract AND a six month contract. That must be the most poorly written tenancy term I've ever read! I'd be fascinated to see what a court made of it if the LL served notice to expire between month 6 and 12.

G_M

Only a court could interpret this agreement.

On the one hand it looks like a 12 month fixed term contract, with strange ongoing break clauses which require 2 months notice, and start after 6 months.

On the other hand it looks like a 6 month Fixed term, followed by a preriodic tenancy, in which case a) you would only need to give one, not 2, months notice and b) it would continue indefinately.

As advised above, put your requests for repairs in writing, and ask for their estimated timescale to complete them.

As for the £90 fee, this is between you and the agency, NOTHING to do with the landlord or your tenancy agreement with him. So you canNOT be evicted for not paying this. The agency would have to take you to a small claims court, but this would in no way affect your tenancy.