Renting: Changes to tenancy agreement a week in

davlo

Please help!

We're renting privately for the first time and are having a few issues surrounding our tenancy agreement. The more time I spend online trying to research the issue, the more confused I get!

We signed up through an agency two weeks ago and paid a security deposit which is equal to one month's rent in addition to the first month's rent. I have confirmation of this in email from the agency. We met with the agents a few days before the contract started and signed what seemed to be a template/standard agreement which had boxes to fill in along the way rather than being specific to the property and agency. The agent completed this with us - 6 months fixed term, contract would be rolling thereafter.

Now a week in the landlord has given us a Section 21(1)b notice to sign stating that he requires possession after the 6 months has ended. I did some research into this as it came as a surprise and found out that we should have had confirmation that our bond was protected before he can issue us with a section 21, but I may have misunderstood. We can't seem to pin him down on whether or not that means we're definitely out after the 6 months or if it means he can get us out if he wants to.

He's also handed us a brand new contract which he says supersedes the one we signed with the agents a week ago. It's very brief states that the deposit was Nil. Any damages would need to be paid for, rent due at start of month etc. The Section 21 also states our fixed term runs until 1st Sept, rather than August 31st which would be our last day, so we could potentially have to pay on the 1st but not be there for the rest of the month.

We've emailed both parties and the landlord now tells us that we didn't pay a deposit, we paid two months' rent, so we won't have to pay for our last month. This is contrary to what we originally signed.

I'm worried about all these changes and whether we should sign the second contract. I thought that legally if we were told it was a deposit it should be protected like a deposit? We signed up to the flat understanding it would be long term but this new contract indicates otherwise. The landlord says the property is an investment and he will roll it over only if he wishes.

Totally confused, if anyone can shed a bit of light I'd really appreciate it.

sequence

The original contract should stand. These sound a bit dodgy.

The S21 is an intent to reposes, they need to go to court before you can be evicted. Although, it's invalid since your deposit isn't protected.

Lori007

The LL sounds really awful - the agent is the only person you should be talking to - perhaps you should find somewhere else?

G_M

Issuing a S21 is fairly common. It is often done as a matter of routine. It enables the LL to move to the next stage for repossesion automatically when the fixed term is up if he chooses to at that time. It does not indicate that he will do this. Don't read anything into it.

The S21 is invalid however if you paid a deposit (apparantly disputed) and it has not been placed in a scheme. There is no need to question this, though. If it is invalid, that is to your advantage later on - why alert the LL to his legal blunder?

Did you not get receipts for the rent and deposit!!!!??

Write (WRITE!) to the landlord (cc the agent) stating that you paid a one month deposit, have confirmation of this from his agent, and ask him which scheme he will be placing it in. Use the addres on the contract for the serving of notices to the landlord.

As for the contract, have you got the original one and was it signed by the LL? If so, it cannot be altered. If not, then all you have is a verbal contract. This too cannot be changed, but of course prooving what the terms were is difficult! He may claim the terms were as on the newly issued contract - your word against his.

franklee

Looks like you've got a landlord trying to play the system, possibly from some dodgy website or landlord's club. Do not sign the new agreement, the original then stands. If you paid a deposit then the S21 isn't valid unless the deposit protected in a scheme and you were given the prescribed information, that is the detail of the deposit protection, before the S21 was served.

Sit tight, do not not sign anything else, the S21 isn't valid.

franklee

G_M wrote: »

Issuing a S21 is fairly common. It is often does as a matter of routine. It enables the LL to move to the next stage for repossesion automatically when the fixed term is up if he chooses to at that time. It does not indicate that he will do this. Don't read anything into it.

Err read into it a landlord trying to deprive the tenant of proper notice as what good is notice that a tenant doesn't know is meant or not till the last week or two, A fair landlord should give a CLEAR two months notice thus allowing a tenant to plan their onward move before any court action for possession (in which the tenant would likely be liable for at least the landlord's court fee) could be started.

But at least in this case it's OK as the S21 isn't valid

BitterAndTwisted

OP if your landlord is claiming that you haven't paid a deposit and that all damage must be paid for please bear in mind that they won't be able to claim any monies from you unless there is a dual-signed inventory or that they have other documentary evidence of the state of the property and its contents at the beginning of the tenancy. I suggest you arrange to take dated photographs of absolutely everything right away

tbs624

The original contract stands - new terms can only be applied if agreed to by both parties.

Presumably, the LA or LL had signed the original contract?

You say you have email confirmation that a tenancy deposit *has* been paid , therefore the LL has no option but to get it scheme registered. As you have found out for yourself, a S21 served prior to a tenancy deposit's registration will not be valid.

Talk to the local Council's private sector tenancy relations officer or Shelter 0808 800 4444 if you cannot get resolve..

bris

Having a new contract with no deposit, but two months rent paid isn't necesseraly a bad thing, at least there will be no holding it back at the end of the agreement, which is one of the most common complaints there is when it comes to ending a tenancy. Getting a s21 now is common and should not be taken as an intention to evict at the end of the agreement. It does (to me anyway) seem that at the end of the 6 months the LL would want a new fixed term with a new s21 at the end again rather than let it roll over to periodic.
The first contract will stand as the EA was acting on behalf of the LL so it is legal and can only be changed by mutual agreement.
You now need to decide what would suit you best, ie having paid a deposit or not. If you choose to have the deposit and want the first lease to stand the LL can register it and the s21 is valid so you are no better off. If you choose to sign the new one the LL would have to sue you for any losses you disagree about so the ball is in your court there.

davlo

Thanks so much for your responses, I really am very grateful. I try to keep as savvy as possible with finances etc but renting is new to me.

The original agreement we signed was signed by the letting agent 'On Behalf of the Landlord', does this still mean it's valid?

The agents have now basically washed their hands of it all, said we need to go through the landlord now. He had mentioned to us during the original viewing that the landlord was a mate of his so am not sure how official the relationship is between the LL and agency.

Despite this the 'security deposit', as it was called in the email, was paid along with the first month's rent to the agency account by online bank transfer. I've yet to have a receipt for this other than confirmation from my bank it's been paid, this is something I'll chase up though, thanks. The landlord wants future rent payments to go to his own bank account. I find this all a bit strange. I can't work out who I'm dealing with any more.

The other issue is the date of the s21, it says the fixed term is from 1/3/11 and 1/9/11, when our original contract states our last day is 31st August. I'm worried he'll try to take 1st September as last day of our tenancy, that would be when this prepaid last month's rent would kick in but we'd be out on the same day.

Can a s21 be issued without a bond?

Maybe I'm being completely over cautious but so much has changed in the space of a week it just doesn't sit right with me.

We'll write to the landlord and agency again tonight to try and get some answers.