advice about renting T&C

martindow

Bungle, the LL cannot serve notice until the end of the term or the break point. You mention the term is 12 months with a break at 8 months and you moved in in July so the earliest possible is March.

I think you should be more worried about repossession as that could well happen earlier.

Colincbayley

martindow wrote: »

Bungle, the LL cannot serve notice until the end of the term or the break point. You mention the term is 12 months with a break at 8 months and you moved in in July so the earliest possible is March.

I think you should be more worried about repossession as that could well happen earlier.

With no dis-respect to Marindow, that is not quite correct.

The LL can serve notice at any time for a S.21 notice, but the notice can not expire until after the fixed term.

The LL can also serve notice under a S.8 (g.12) now if they wish. Although, as per my post above, I very much doubt that any judge would awared possession.

bunglesabout

To be honest if we were evicted due to repossession, we could temporarily move in with family. Obviously it's not an ideal situation, but it could be done. I've never rented before so this is all new ground for me and although I am wary when dealing with estate agents, I naively didn't think that letting agents could be quite so difficult to talk to.
I am at the point where I don't believe anything they say and as I try to look for the best in people, this really upsets me.
Plus I was foolish in thinking that their verbal assurances when I raised concerns would be sufficient, which is why I'm not 100% sure how to proceed when it comes to this contract.
I stood my ground when they wanted to charge me for the extra reference check for my mum, but they then said they would wave this cost as long as they could do the check and that the break clause would still be in effect from the start of my tenancy, even though they want to start the contract again from our next pay date in October.
Therefore I don't see how this can be true when they won't make an amendment to this stating we can end the tenancy with two months notice in April. (per the original break clause)
I know I should have done a lot more homework on renting before we got to this stage, but again, I am much too trusting. I just don't want this to be an expensive lesson for me and my partner.
Thanks for your concern and advice though. It all helps.

Bungle

annaS_2

Does the rent you pay add up to less than £25k over the course of a year?* Are you renting in England & Wales?

If yes to both then you most likely have an AST so: Has the Agent or Landlord protected your deposit and supplied you with the prescribed information (telling you who the deposit is lodged with, what it will be held for etc.)?

Do you have gas? If so, do you have a copy of the safety certificate for this year?

I ask because
a) you might be able to put the pressure back onto them
b) if the house is repossessed, you know your deposit is safe
c) if the Agent doesn't care about your safety in using the garage door then what about your safety wrt gas?

--
* Someone correct me if I got that wrong!

bunglesabout

Hi Anna
yes we do have our deposit with a protection scheme, but it is funny that you mention the boiler, as we do have a problem with it.
When we first moved in there were so many issues that we didn't know about. Two of the toilets were broken. The shower didn't work. We didn't have a key to the back garden, so for two weeks had no access to this, and lord.... numerous other things were not as advertised. But when we asked about boiler they assured us that it had been safety checked and all was good.
But when we did view the property there was (what appeared to be) a burn mark on the wall below the boiler and the work top was damaged. We assumed that there had been some kind of fire (maybe a fat fryer) and that the marks were old, so we didn't view it as an issue. But now that we have moved in and the weather has turned colder we tried putting the heating on and it appears that there is a leak from the bottom of the boiler which is rusty coloured water. This is the reason for the stain on the wall/worktop. So now I'm not sure if the gas check they told us about was legitimate, as surely a plumber would know a boiler leak stain when he sees one???
I haven't rung the LA about this yet, due to the dispute over the referencing/contract, but as they seem to want to reduce the costs of repairing the property I'm not sure they would do anything anyway. Just not sure how dangerous this leak is to our health as it is not clear water.
I definitely got involved with the wrong agent, but I will never use them or recommend them to anyone again. They obviously are trying to reduce the repair costs, despite the fact that all these damages were made by previous tenants and I can only assume that their actions are being done in order to provide my landlord with the finances she needs to continue paying her mortgage. Just have to hope that she doesn't default and end up getting us chucked out!!

Bungle

annaS_2

If you are in England or Wales (I'm not sure about the rest of the UK) they legally must give you a copy of a Landlord's Gas Safety Certificate (you're supposed to get it when you move in). It's an annual requirement so check the date. Edit: Annual as in every 12 months, not 1 Jan!

Here's the info from Gas Safe (the new Corgi): http://www.gassaferegister.co.uk/advice/gas_certificates.aspx

and the Health and Safety Executive: http://www.hse.gov.uk/gas/domestic/faqlandlord.htm

They don't have to service the boiler, just ensure it's certified as safe. There are 3 copies of the certificate, iirc: 1 for you (green - well, mine is!), 1 for the Landlord and 1 kept by the engineer (Check him/her on the Gas Safe register linked above. The guy who first did the work on my place wasn't!) Edit: If the previous tenants were given the green copy then I'm not sure what you'll get - perhaps a photocopy of the Landlord's? Perhaps call the Gas Safe people to find out.

I've no clue about the rusty water - it doesn't sound good but at least it's not CO!

From the advice everyone's given you above it seems you are the one in the right and, with regard to the gas at least, they are the ones in the wrong (the cheeky so-and-sos). I'd be phoning them first thing tomorrow and insisting on a copy.

tbs624

bunglesabout wrote: »

Hi Anna
yes we do have our deposit with a protection scheme, but it is funny that you mention the boiler, as we do have a problem with it.
......... But when we asked about boiler they assured us that it had been safety checked and all was good.
But when we did view the property there was (what appeared to be) a burn mark on the wall below the boiler and the work top was damaged. We assumed that there had been some kind of fire (maybe a fat fryer) and that the marks were old, so we didn't view it as an issue. But now that we have moved in and the weather has turned colder we tried putting the heating on and it appears that there is a leak from the bottom of the boiler which is rusty coloured water. This is the reason for the stain on the wall/worktop. So now I'm not sure if the gas check they told us about was legitimate, as surely a plumber would know a boiler leak stain when he sees one???

Its not sufficient under the law for the LA/LL to merely "assure" the T that the boiler has been subject to an annual check and that it is currently covered by a gas safety certificate. You as the T should be provided with a copy before you sign a tenancy agreement - that's why one of the copies of the GSC (or CP10) is called, funnily enough, Tenant Copy. There are separate criminal charges if a LL/LA fails to (a) get a check done by a GasSafe registered HE (b) pass the T a copy of the cert (c) keep copies of the cert sfor 2 years.

Google HSE and gas safety. Your local Council;'s private sector housing officer/tenancy relations officer and/or Env Health Officer can help you with this.

Keep communications with the LA/LL in writing - if anything is reported/discussed by phone follow it up with a letter confirming your own understanding of what was discussed/agreed. Keep a copy.

As the others have said it look like your LL may be letting without appropriate consent . The Mortgage Repossession ( Protection of Tenants etc) Act comes into force this October. Google it - have a look on OPSI so that you know what its provisions are.

Tell them your mother is staying with you as a guest, and that you will not be signing a new tenancy agreement.


Edit - cross posted with Anna , along similar lines

bitsandpieces

I think it's possible for a boiler to both leak slightly and be safe (as in not gassing you). Mine was leaking a bit (problems with some valve, from what I remember) and the plumber told me I could use it until the part arrived, so long as I put something under it to catch the leak. A property owner would be daft to leave it doing that, though.

You should get a copy of the gas check certificate, anyway, and if the boiler isn't working correctly then ask for it to be repaired. I'd get a carbon monoxide alarm in the meantime - not a substitute for a boiler check, but the battery ones cost around a tenner and can be a good additional measure when dealing with agents you don't trust.

martindow

bitsandpieces wrote: »

I think it's possible for a boiler to both leak slightly and be safe (as in not gassing you). Mine was leaking a bit (problems with some valve, from what I remember) and the plumber told me I could use it until the part arrived, so long as I put something under it to catch the leak. A property owner would be daft to leave it doing that, though.

You should get a copy of the gas check certificate, anyway, and if the boiler isn't working correctly then ask for it to be repaired. I'd get a carbon monoxide alarm in the meantime - not a substitute for a boiler check, but the battery ones cost around a tenner and can be a good additional measure when dealing with agents you don't trust.

Water leaks are more of a nuisance than a danger. The leaks to be worried about are of carbon monoxide gas which has no taste or smell and can be fatal.

bunglesabout

Hi everyone
thanks for all your advice. I am definitely going to refuse to sign the new contract. I don't have a major concern about the referencing if they are willing to pay for it, but I am not willing to start the term again.
As I said, if they wish to evict us as a result i will know I made the right choice. I'm just annoyed that it has got to this stage, as I have no intention of defaulting on the rent, or causing problems for the landlord, but the LA are just untrustworthy and I'm not willing to let them push me into something I don't want to do.
Can anyone tell me what will happen next if they wish to evict us for non-compliance with their demands?

Bungle