Two Rental Questions

Gunwallow

Sorry I asked similar to this before, and I signed the new contract. but am still confused.

1. I rent with a private landlord, and he produces a new contract every three months for me to sign. I have just lost my job and have to leave before I get into issues. My landlord says I cannot leave before the end of three months and I cannot give him one months notice. Is this true? My contract doesn't mention notice at all.

2. Can I ask my landlord to take the rent for the last month out of my deposit? He has £800 deposit and I would owe him £600, so he'd have plenty left to dispute over bits and bobs if he chose to.

I have a mate who will give me a place and hope for a new job in the new year but I will have no money in December to pay rent.

Thanks for all good comments and help

olly300

If you are anywhere in the UK and don't actually live with the landlord it's very odd for him to give you a contract to sign every 3 months.

I suggest you confirm whether you are living with your landlord or not in the same building as there are different rules.

theartfullodger

Agree with Poly, very odd. Though not illigal to have 3 month contract.

G_M

1) when you sign a 3 month contract (yes, unusual, but that's irrelevant) you are legally committing yourself to 3 months. You can only terminate the contract early with the landlord's permission.

2) a deposit is there to cover debts when the contract ends, not before the contract ends. You are obliged to pay rent on the day it is due, which is usually monthly in advance.

The best solution is to reach agreement with the landlord. Offering to find an acceptable replacement tenant and/or pay his advertising costs tenant vetting costs etc may help.

you are lucky your contract is only 3 months. 6 months is more usual and would lock you in for longer. How much longer of the 3 months remain?

Gunwallow

Well the landlord lives away, not in the same building. I have lived here for three years, landlord always had 3 month contracts, saying he kept an eye on the market. the three months is up at end of December.

Landloord says he may already have tenant but wants to redecorate first

I'll ask him if he'll take rent from deposit but not looking good.

Thanks guys

G_M

landlord always had 3 month contracts, saying he kept an eye on the market.

bizarre. If he let your contract lapse it would become periodic (monthly) and he'd only have to give you 2 months notice. Much simpler.

Does he charge you a fee to renew each 3 months?!!

BitterAndTwisted

If you've just lost your job you MUST start a claim for JSA. When you do that you can also start a claim for LHA which is paid in arrears. The amount varies according to which Local Authority you are in and what you particular circumstances are. If you're under 25 for instance the amount could be what the local market rent is for a room in a shared house rather than the actual rent for a two-bedroomed house but you should get some help until you can surrender the tenancy.

theartfullodger

The reason 6months is almost always the minimum period for an AST is that S21..etc... of the Housing Act 1988 means that Landlord cannot even start eviction proceedings against a tenant not-more-than-2-months-behind-with-rent until 6 months after start of tenancy, even if tenancy was, say, only for 1 week. And then probably won't get them out (if they decline to go) for a couple more months after end of the 6 months ......

So, if you decline to sign new tenancy LL may be surprised to find he can't get you out... 'cors, you might not get a very good reference from him...

Gunwallow

Thank you all, no never charged a fee for new contract, he is an odd landlord and there have been a lot of issues but it suited me to live here for work - now work has gone.......... I have the possibility of part time work - about three days a week so I guess that might cancel me out for JSA?

And the landlord said an absolute NO (in very clear terms) to me taking the last months rent out of the deposit.

N79

theartfullodger wrote: »

The reason 6months is almost always the minimum period for an AST is that S21..etc... of the Housing Act 1988 means that Landlord cannot even start eviction proceedings against a tenant not-more-than-2-months-behind-with-rent until 6 months after start of tenancy, even if tenancy was, say, only for 1 week. And then probably won't get them out (if they decline to go) for a couple more months after end of the 6 months ......

Yes LLs can start possession proceedings without waiting for 6 months for S21 or 2 months rent unpaid for S8G8 by using, amongst other possibilities, S8G10 or G11 or G14. There is just not much chance of success.

In this case the 6 months would not apply because, in the case of a replacement tenancy, it is six months from the start date of the original tenancy, not the renewal (S21 (5)b).

PasturesNew

Use http://www.entitledto.com to find out if you'd get any part of the LHA if you worked 3 days.

There are so many different parts to getting some/not, which mostly single people have no idea about - and it's all complex.

I don't know how LHA works on a low wages basis.

I know if you were over 25 and living in self-contained accommodation - and working 3 days (24 hours) per week you'd not get Working Tax Credits because the age would be right, the type of place would be right, but you need to be doing 30 hours.

But that's different to LHA.

We've no idea how much LHA on a 1-bed flat would be where you are, we don't know if you're over 25 even.