Major house problems, im on rolling contract now & LL wants me to sign for 12 months?

petridish

Hi everyone!

I received some great help from people a while ago about how to deal with some issues in my rented house. I eventually had a visit from the environmental department from the council who got in touch with the LL and told him that there appears to be a major rising damp problem and some issues with the electrics.

The LL came round at the weekend and basically told me that the council had been 'over the top' but that he would get a builder round to look at the damp and other structural problems , an electrician to check the electrics (i have been told to completely avoid using sockets on one wall in my house as it is soaking wet and buzzes on and off, but the LL thought it was fine to use!), and a gas man to fix the radiators in my house which dont work at all.

My problem is that the LL brought up the fact that im now on a monthly rolling contract and has told me i need to sign another one for 12 months! Do i really have to do this? And what will happen if i refuse? I dont see why i should be committing myself to another year in a house that, quite frankly, is disgusting!

Im in the process of looking for another house, my LL knows this, but with no guarantor anymore it is near on impossible! But im hoping that it shouldnt be more than a few months before i can find somewhere, in which case, if i DID sign a new contract now what would happen about my contract? Would i still get my deposit back?

Hopefully someone can help! My LL is giving me a week to decide!

chris_m

As I understand things, no you don't have to sign another 12 month (or, indeed, any) contract. If you do, you will have secure tenure but will also be tied for 12 months.

However, if you don't the landlord can serve you notice to leave in 2 months - commencing with the next rent due date.
On the other hand, you can give notice of only one month, again, commencing with your next rent due date.

If you are looking elsewhere then I would think this ought to be your best option in case you do find somewhere, provided you are happy to take the risk that the LL might serve notice first.

I'm sure others with a greater knowledge than me will pop in soon in case my understanding is incorrect.

tbs624

You can continue on the statutory periodic agreement - if the LL wants you to sign up for a further Fixed Term or leave then he will have to serve appropriate notice. Simply tell him that you are happy to continue as you are.

It seems that what he is saying is " I am having to maintain my property ( as required by law) and I need some certainty that I won't have a void period" Many Ts stay put on a SPA for several years but your LL is hoping to blag another Fixed Term out of you.

tbs624

chris_m wrote: »

However, if you don't the landlord can serve you notice to leave in 2 months - commencing with the next rent due date.
On the other hand, you can give notice of only one month, again, commencing with your next rent due date.

Notice has to tie in with the rental period The rental period for a SPA runs from the day after the expiry of the original Fixed Term- this may or may not coincide with the rent due date.:)

BitterAndTwisted

Tell the landlord that will only consider signing a 12 month AST once you are satisfied that the remedial works have been carried out in full.

If you don't sign and the landlord is intent on getting you out they will have to give you two month's notice by serving you with a Section 21 Notice. Even then, you don't have to leave. The landlord will then have to go to court to get a possession order but you could choose to stay until he's been back to court again to get court bailiffs appointed. When they turn up you really will have to leave on the spot. This process could take up to six months, depending on how busy the courts are so with luck you could have found somewhere better by then.

DVardysShadow

If it was me, I would not give the LL 12 months unless

• I actually wanted to stay for another 12 months
• He fixed the place first

petridish

Thank you both for such quick replies! So can i just double check... i AM well within my rights to refuse to sign another contract without it meaning i can be kicked out immediately?

I would hopefully be able to get help from the council if im evicted and havent found a new home within 2 months (am single mum with 7 month old, although i would much rather find a private rent and am trying as hard as i can!) but by refusing to sign another contract am i intentionally making myself homeless?! in which case i would be in a bit of a pickle! Im so confused!!

I dont know if i need to sign it to avoid the possibility of being evicted with nowhere to go if i dont manage to find somewhere in time. I hope that all makes sense! And of course, the LL might just accept it and let me stay here on a rolling contract until i find somewhere myself.

BitterAndTwisted

Correct, you cannot be kicked out immediately: the landlord will have to go though the procedures I described. Once he's doing that, the council will see you as unintentionally homeless but they might not act to rehouse you until the bailiffs are actually at the door but they should be able to advise you should the process start.

DVardysShadow

You are entitled to 2 full months notice, to end at the end of a rental period, even if you don't sign.

Don't be pressured into signing. Notice from the Landlord is enough to show that you are being made homeless. I stand to be corrected on this, but if the Landlord gives notice, but says 'unless a new 12 month contract is signed', it could be construed as harassment or it could invalidate his notice to you.

Pimlico

Petri,

All the advice in this thread is correct. It's worth emphasising that you DO have a valid tenancy agreement, the fact that it's fixed period has finished doesn't affect it's validity. If your LL wishes to end it he must serve a Section 21 Notice giving you 2 months notice, and then apply to a County Court for a Court order terminating the tenancy. If you move out before the Court Order the Council will take the view that you have intentionally made yourself homeless and refuse to rehouse you.

I appreciate all this has been said by others, I just thought it worth confirming the situation clearly in one post.

Good luck.

If you want more information about notice to quit I have written an article about it which I am not allowed to link to.

petridish

Pimlico wrote: »

Petri,

All the advice in this thread is correct. It's worth emphasising that you DO have a valid tenancy agreement, the fact that it's fixed period has finished doesn't affect it's validity. If your LL wishes to end it he must serve a Section 21 Notice giving you 2 months notice, and then apply to a County Court for a Court order terminating the tenancy. If you move out before the Court Order the Council will take the view that you have intentionally made yourself homeless and refuse to rehouse you.

I appreciate all this has been said by others, I just thought it worth confirming the situation clearly in one post.

Good luck.

If you want more information about notice to quit I have written an article about it which I am not allowed to link to.

Thank you Pimlico, its good to know that all the info ive been given is all correct so i think for now i will just tell the LL that i do still have a valid tenancy agreement and have no wish to sign another one! I shall search for your article now!