advice about renting T&C

bunglesabout

Hi all
I am hoping someone can give me some advice regarding what to do when having issues with a letting agent?
I recently starting renting a house (for the 1st time) in mid August and have had nothing but problems with the LA and would like to know if there are any grounds in which I could move out, without being taken to court for breach of contract?
I admit that a big chunk of some of the problems are due to my inexperience with renting and the fact that I am too trusting (sad to say, but true) but I am getting so angry and distrustful of the LA that I'm not sure if I can cut my losses and try someone different, or if the legal ramifications would be too severe to my finances.
Basically I got the keys and the inventory the same day and when I went to check the property found so many things wrong compared with what the place looked like when I viewed it the first time, that I was amazed that they they thought it was okay to let. I started chasing up the repairs and find myself 6 weeks later, still trying to get things sorted. I have rung the LA so many times they must be sick of hearing from me as I know I am sick of ringing them!
I've had letters from the landlords mortgage company threatening to gain force-able access to the property (can only assume she has not been paying her mortgage) which again meant I had to ring the LA.
The last straw has been this week when I received a letter stating that they did not know my mother was living with me (despite explaining all this at the viewing/signing of the contract) and that I now have to pay further fees to get her credit checked and the contract has to be re-written and start again from next month.
I only wanted a short-term contract (again explained at viewing/signing of contract) so this has really %$&@ me off.
Do I have to suck it up and learn from my mistakes or is there something I can do about this?
I'm worried about making the wrong move and losing my deposit in the process, but I really have had enough of them.

Bungle

clutton_2

if the LL is about to be repossessed dont even think of renewing a contract and paying more fees to an agent... as you will be evicted by the court anyway in due course (this could take a few months)

I would write to the Landlords Mortgage Company immediately and tell them that you live there as they obviously dont know.... This way the court will, hopefully, keep you in the picture when the repossession proceedings start..

They are talking rubbish in tgerms of cancelling the contract... once it is written and signed, it is valid until the end of the fixed term (when is that ?)

If this tenancy is this insecure, i would think about looking for somewhere else to live...

bunglesabout

Hi Clutton, thanks for your reply. Basically both my mother and I are in the process of selling our own properties and then we intend to buy one large home together.
It was for this reason that I wanted a short term let. The LA said that the contract had to be for 12 months, but a break clause could be added, which meant we could move out in 8 months time.
This seemed like a good solution, as it gives us time to find and buy a new home that both my partner, me and my mother will like.
However if I sign a new contract the break clause will take effect from that date which adds a further two months to the agreement. They keep telling me that it won't work like that, but when I ask for it to state that I can give notice and move out in April 2011 they say no, so I'm very distrustful of this.
Can they force me to sign a new contract? What happens if I refuse?
I had to contact the LA about the letters from the mortgage company, but they insist that everything is fine and there is no problem. However, they have instructed some of the companies they are using to do the repairs to do the minimum as they won't pay for full repairs, which again makes me worry that there are not enough funds available.
An example is we couldn't get into the garage as the over-head door was damaged. It took 5 weeks for repair to be arranged and the company actually rang me and said that the door should be replaced as it was dangerous, but the LA wouldn't let them do it, despite the LA telling me that the landlord had agreed for a full repair to take place.
I truly do not trust them anymore and don't know if they can force me to accept the new contract or not?

Bungle

Colincbayley

bunglesabout wrote: »

Can they force me to sign a new contract?No What happens if I refuse?Nothing
I had to contact the LA about the letters from the mortgage company, but they insist that everything is fine and there is no problem.Sounds like they are telling fibs to me
I truly do not trust them anymore and don't know if they can force me to accept the new contract or not? Don't worry, they can't.



Bungle

In your shoes, I would be saying to the agent that your mother doesn't wish to be party to the tenancy agreement, and if they don't like it do they wish to agree an early surrender of the AST

bunglesabout

Thank you for the reply Colin. Apparently they are saying that my mother needs to be on the tenancy agreement as she is over 18 and it was mentioned in the original T&C. However, I questioned this at the viewing/contract signing and said that my mother would not be paying the rent, so they said a referencing would not be necessary. It has only been since I started chasing the numerous repairs needed that they have started saying that I did not meet the terms as they did not know my mother would be moving in.
This may be a silly question but what is the AST you mention?

Bungle

Colincbayley

bunglesabout wrote: »

Thank you for the reply Colin. Apparently they are saying that my mother needs to be on the tenancy agreement as she is over 18 and it was mentioned in the original T&C. However, I questioned this at the viewing/contract signing and said that my mother would not be paying the rent, so they said a referencing would not be necessary. It has only been since I started chasing the numerous repairs needed that they have started saying that I did not meet the terms as they did not know my mother would be moving in.
This may be a silly question but what is the AST you mention?

Bungle

AST = Assured Shorthold Tenancy Agreement

Let them say what they like about your Mother, there is nothing they can do about it until the end of your fixed term. And going by what you have been saying, you will be gone by then anyway.

As I said above, if they push the point then use it to your advantage and say to them, that if they don't like it then you should both agree to surrender the tenancy early ( at no cost to you ) I doubt they will take the bait on that one, but might be worth a try if you want to move on sooner rather than later.

Don't let them bully you.

Pepzofio

It's possible (in fact quite likely) that you have a clause in your tenancy agreement stating that only people name as tenants or permitted occupiers may live at the property, or something to that effect. Depending on the wording of this, it may or may not be deemed an unfair term. Eitherway, if you are in breach of this term the landlord has two options - (a) ignore the breach or (b) serve you notice and take you to court for possession of the property. They cannot force you to sign a new agreement, as the one you have is still valid, despite the fact that you may technically be in breach of it.

Obviously, if they serve you notice this gives you the get out clause that you are looking for, and as long as you leave at the end of the notice you should not incur any costs. It should not count against you either, as it is not 'recorded' anywhere, as a possession order would be for example. (Apart from possibly the LA giving you a poor reference but if you explain the situation to whoever you rent from next I would imagine the damage this would do would be limited.) However, if the LL is struggling financially I cannot see them authorising notice being served for such a minor breach. That is, assuming the LA seeks their permission before serving it...

I would be VERY concerned about the mortgage company letters - aside from anything else, the fact that they are being delivered to your address suggests that the LL does not have permission to let. If the LA is aware of the LL's rocky financial situation they're probably even more desparate to get what money they can out of you. I'd like to know whether they would reimburse you these fees should the LL's mortgage co repossess within your fixed term and you find yourselves having to move at short notice...

bunglesabout

Thanks Colin & Pepzofio. Can I just clarify something?
If they serve me notice to quit because I do not agree to signing a new contract, will I have to pay the full 12 month rent and lose my deposit or do I just leave on the date set and pay rent up till that point?
I don't want to get into any legal trouble over this. I have never defaulted on my mortgage or any bill I have ever had, as I take my financially responsibility seriously, but I am really unhappy about being pushed into something which could tie me to this LA for longer than necessary and (despite their assurances) I do think that is what will happen if I sign this agreement.
I am a fairly trusting person, but I don't see why they need to to do a reference check on my retired mother, or change the contract. It is obviously not for my benefit, but theirs, but I am glad that I can actually say no to this, without a costly legal argument.

Thank you for your advice.

Bungle

Colincbayley

The only way at present they could evict you, is under a section 8 notice ground 12 ( Breach of tenancy agreement )
However, have you infact breached the tenancy agreement? You have stated that prior to the tenancy that they were happy for your mother to be there!
Whether right or wrong, I can not see a judge awarding them possession on that basis.

If for any reason a LL evicts a tenant, then rent is only due upto the date they vacate the property.

As it stands at present, you really don't have anything to worry about on this front.

Pepzofio

I'm pretty sure that you would only be liable for rent up to the end of the notice, even if they evict you during the fixed term.

bunglesabout

Thanks for all your help. I am not an aggressive or argumentative person by nature, but I think I will have to stand my ground with this situation.
I am not happy about the new contract, but as me and my partner have paid towards the rent and deposit together, I didn't want to cause trouble and risk our money if I didn't have some kind of safeguard that the LA couldn't sue me.
If they wish to evict me over something so minor, then I know I will have made the right choice in refusing to sign the new terms.

Thanks again

Bungle