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

2

Comments

  • Pimlico
    Pimlico Posts: 38 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    petridish wrote: »
    I shall search for your article now!

    Google "Your initial tenancy (called a Contractual Tenancy)"

    It's the second half of the article.

    It probably won't affect your situation, but it's good to know how it works because it's not how you'd expect.
    With Kind Regards
    Nick
  • roger196
    roger196 Posts: 610 Forumite
    500 Posts
    Pimlico wrote: »
    Google "Your initial tenancy (called a Contractual Tenancy)"

    It's the second half of the article.

    It probably won't affect your situation, but it's good to know how it works because it's not how you'd expect.

    Interesting article, however the following phrase
    "your fellow tenants as if you had married them, their debts are your debts,"


    might be taken that on marriage the husband became responsible for his wife's debts. This would only be the case if they were a joint loan etc.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Pimlico wrote: »
    If you want more information about notice to quit I have written an article about it which I am not allowed to link to.
    Nick - thanks for summary.

    However, S21 is not a Notice to Quit - it's a Notice of Intent to Seek Repossession. NTQ applicable to common law tenancies, not ASTs :)
  • tbs624
    tbs624 Posts: 10,816 Forumite
    It is also not true to say that

    "Your landlord cannot legally offer you a tenancy shorter than this" ( ie 6 months) as per that article.

    A LL can indeed offer a shorter AST and should the T oblige by going at say the 3 month point then all is well (and legal) The problem is that should the T not go then the LL cannot act before an initial 6 months has expired. That is not the same as saying that the LL cannot legally offer a shorter AST.

    Nick - you may also want to check this Forums Rules on using your business name as your MSE user name :smiley:


  • tbs624
    tbs624 Posts: 10,816 Forumite
    petridish wrote: »
    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!
    If you need to point your LL in the right direction tell him the necessary info on Stat Periodics is available under S5 of the Housing Act 1988.:)
  • Pimlico
    Pimlico Posts: 38 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    roger196 wrote: »
    Interesting article, however the following phrase
    "your fellow tenants as if you had married them, their debts are your debts,"


    might be taken that on marriage the husband became responsible for his wife's debts. This would only be the case if they were a joint loan etc.

    I was just trying to ram home the message that if your joint tenants don't pay the rent you are liable for their share, I hadn't expected to be picked up on my knowledge of marital law! :rotfl:
    With Kind Regards
    Nick
  • Pimlico
    Pimlico Posts: 38 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    tbs624 wrote: »
    It is also not true to say that

    "Your landlord cannot legally offer you a tenancy shorter than this" ( ie 6 months) as per that article.

    A LL can indeed offer a shorter AST and should the T oblige by going at say the 3 month point then all is well (and legal) The problem is that should the T not go then the LL cannot act before an initial 6 months has expired. That is not the same as saying that the LL cannot legally offer a shorter AST.

    I think that's splitting hairs, there are an infinite number of tenancy agreements that a landlord can offer, but statutory law supersedes them all.
    tbs624 wrote: »
    It is also not true to say that

    Nick - you may also want to check this Forums Rules on using your business name as your MSE user name :smiley:

    Is that really going to be a problem? My first choice was "Nick" but like so many other things about this place I'm not allowed that. The name of my business is my domain, "Pimlico" is a place & surely isn't promoting anything and not really that close to my business name?

    I'll put my hands up to promoting my business in general. I picked a domain for the business name, & I have the business name/URL tattooed on my forehead. I use my face as my avatar in other forums (see my avatar on Twitter as Pimlico_flats) but here I used a nice Christmassy pic and I'm just trying to help a couple of tenants with !!!! landlords, & not promoting anything (it's not really where people come to find a London Flat to rent is it?).

    Most Forums say hello & welcome to new faces, but this is all a bit OTT isn't it? I know this is a money obsessed forum, but life should be fun - really!
    tbs624 wrote: »
    However, S21 is not a Notice to Quit - it's a Notice of Intent to Seek Repossession. NTQ applicable to common law tenancies, not ASTs :)

    Yes, I was just slipping into common parlance which I agree isn't the correct legal terminology. My context is that tenants generally ignore the tenancy agreement & say "I've given you a month's notice" without realising that the date that matters is the tenancy date.
    With Kind Regards
    Nick
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Pimlico wrote: »
    I'll put my hands up to promoting my business in general. I picked a domain for the business name, & I have the business name/URL tattooed on my forehead. I use my face as my avatar in other forums (see my avatar on Twitter as Pimlico_flats) but here I used a nice Christmassy pic and I'm just trying to help a couple of tenants with !!!! landlords, & not promoting anything (it's not really where people come to find a London Flat to rent is it?).

    Most Forums say hello & welcome to new faces, but this is all a bit OTT isn't it? I know this is a money obsessed forum, but life should be fun - really!
    Well, hello and welcome.

    The problem with this site is that everyone and his dog likes to come here with self promoting spam. From fake Ugg boots, through digital gizmos, to financial services.

    Most people don't seem to mind people with a business if you are putting in good value and you are getting discussion out of it rather than business. But using your business name tends to raise hackles.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • tbs624
    tbs624 Posts: 10,816 Forumite
    edited 29 November 2010 at 9:21PM
    Pimlico wrote: »
    I think that's splitting hairs, there are an infinite number of tenancy agreements that a landlord can offer, but statutory law supersedes them all.
    Nothing to do with "splitting hairs" - the statement was erroneous and its one of those myths that gets recirculated on forums such as this one. If a T wants, say, a three month AST and the LL is happy to offer him/her one then its perfectly legal to do so.
    Pimlico wrote: »
    I'll put my hands up to promoting my business in general. I picked a domain for the business name, & I have the business name/URL tattooed on my forehead. I use my face as my avatar in other forums (see my avatar on Twitter as Pimlico_flats) but here I used a nice Christmassy pic and I'm just trying to help a couple of tenants with !!!! landlords, & not promoting anything (it's not really where people come to find a London Flat to rent is it?).
    As DVS says.........
    Am familiar with your posts elsewhere - think initially they were picked up after you commented on Suzy Butler's tenancy fiasco.
    And yep people *do* come on here looking for somewhere to rent.:D
    Pimlico wrote: »
    s that really going to be a problem? My first choice was "Nick" but like so many other things about this place I'm not allowed that. The name of my business is my domain, "Pimlico" is a place & surely isn't promoting anything and not really that close to my business name? Most Forums say hello & welcome to new faces, but this is all a bit OTT isn't it? I know this is a money obsessed forum, but life should be fun - really!
    Okay, we were slow on the "hello and welcome" - now corrected by DVS and you did get a thanks in my previous post. Look forward to reading many more posts from you.;)
  • Most people don't seem to mind people with a business if you are putting in good value and you are getting discussion out of it rather than business. But using your business name tends to raise hackles.

    Two ironies here:

    .... I joined this Forum because I had a question about consumer rights. I hadn't expected to find a property/renting section & only popped in after I had asked my question, because I thought that I might add some value whilst waiting for answers to my own question. I'd picked Pimlico as an ID without knowing that there was a property section.

    ........ "Pimlico" isn't my business name - it's 50% but I don't think it would have occurred to anyone that it was business linked if it hadn't been raised as an issue. Even now I reckon that most readers think that I'm that plumbing company! (I wish!).
    With Kind Regards
    Nick
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