Inventories, and landlord serving notice on a fixed tenancy

nzseries1

Hi all,

Can someone confirm some things for me:

1. I believe it's been mentioned on this board many times that the landlord cannot simply evict you at the end of your fixed term tenancy, they have to serve you with the proper 2 months' notice to evict you even at the documented end of the fixed term tenancy. Is this correct, and if so, can someone point me to the relevant act / law that encompasses this? (I just know the agents would deny it!)

2. I asked my agent three times when i moved in for a copy of the inventory when I moved into my place back at the start of March. They never provided it. It's now two months before I have to move out, and they've finally provided the inventory... but surely, after four months that's not acceptable! Is there a legal time limit from which they have to provide it? I object to having to pay for a check-out inventory when it took four months for them to provide the check-in one!

Thanks in advance!

jjlandlord

[assuming AST in Eng or Wales]

nzseries1 wrote: »

1. I believe it's been mentioned on this board many times that the landlord cannot simply evict you at the end of your fixed term tenancy, they have to serve you with the proper 2 months' notice even if it's a fixed term tenancy (the tenant, on the other hand, does not have to, and can just leave). Is this correct, and if so, can someone point me to the relevant act / law that encompasses this? (I just know the agents would deny it!)

The landlord must in any case serve a 2 month notice known as a 'section 21 notice' before he can start court proceedings to get a possession order.
Details are in the Housing Act 1988, section 21.

In any case, to evict a tenant, the landlord must (1) get a possession order, (2) get bailiffs to execute it if tenant does not vacate. Any other way would be illegal eviction (a criminal offence).

nzseries1 wrote: »

2. I asked my agent three times when i moved in for a copy of the inventory when I moved into my place back at the start of March. They never provided it. It's now two months before I have to move out, and they've finally provided the inventory... but surely, after four months that's not acceptable! Is there a legal time limit from which they have to provide it? I object to having to pay for a check-out inventory when it took four months for them to provide the check-in one!

Imo, best thing for you to do is to cover your behind by replying in writing that you have just received an inventory from them 4 months after the start of the tenancy and that you never had seen it before and do not agree with what it states (unless you do think that what it states will not open a highway to deposit deductions)

nzseries1

jjlandlord wrote: »

Imo, best thing for you to do is to cover your behind by replying in writing that you have just received an inventory from them 4 months after the start of the tenancy and that you never had seen it before and do not agree with what it states (unless you do think that what it states will not open a highway to deposit deductions)

Thanks, I'd tend to agree. I do actually believe that the inventory is a fair one, I just am annoyed by the fact that the tenancy agreement says that I have to return the inventory within 7 days, and I have to pay for a check-out inventory, when they seem to be able to take as long as they want, in this case 4 months!

I was considering refusing to pay for the check-out inventory when I leave, on the basis that they didn't provide the check-in inventory when I moved in. Now they've provided one four months later, I feel like if I accept this inventory then I won't be able to use that defence!

F_T_Buyer

Did you sign the inventory when it was taken?

Is the check out inventory fee mentioned in your contract?

nzseries1

F_T_Buyer wrote: »

Did you sign the inventory when it was taken?

Absolutely not, I only just received it today after four months of living in the property!

F_T_Buyer wrote: »

Is the check out inventory fee mentioned in your contract?

It is sadly. But also is the text:

If any of these Terms are
broken, the Tenant may be entitled to claim damages from the Landlord, or ask a court
to make the Landlord keep these promises.

One such term is...

To pay for the making of a fully comprehensive Inventory or Schedule of Condition prior to the commencement of the Tenancy.

Now I read it, it says that the landlord has to pay for an inventory - it doesn't say that he has to provide me with a copy of it.

F_T_Buyer

If the checkout fee is mentioned in your contract, unfortunately there's no much you can do.

Regarding the inventory, it's best not to sign it at all at this stage. If they try to claim back any damages from your deposit they will struggle because you never received an inventory when you moved in - and you never agree what it said (hence the signing).

nzseries1

F_T_Buyer wrote: »

If the checkout fee is mentioned in your contract, unfortunately there's no much you can do.

I was going to try the idea that, if they make me pay for the checkout inventory, I'll "claim damages from the Landlord" (words directly quoted from the tenancy agreement) for the same amount as what I pay for the checkout inventory, because he didn't provide me with the inventory when I moved in.

But then, I realised that the tenancy agreement says that he has to "pay for" an inventory - nowhere does it say that I have to agree with it, or that he has to provide me with a copy. So I guess I don't have much choice.

F_T_Buyer

nzseries1 wrote: »

I'll "claim damages from the Landlord"

I can't see this working I'm afraid, unless you [for example] have a broken cooker and they refused to fix it could you claim any money back. But then you would have to provide proof, and give them a reasonable opportunity to fix it first.

Yorkie1

jjlandlord wrote: »

[assuming AST in Eng or Wales]



The landlord must in any case serve a 2 month notice known as a 'section 21 notice' before he can start court proceedings to get a possession order.
Details are in the Housing Act 1988, section 21.

In any case, to evict a tenant, the landlord must (1) get a possession order, (2) get bailiffs to execute it if tenant does not vacate. Any other way would be illegal eviction (a criminal offence).

Note that the LL may have purported to serve this s.21 notice at the time you took the tenancy on. It will not be valid if it was served before the tenancy was signed and before your deposit was protected. If however it was served after that took place, then it is capable of being a valid s.21 and no further one will be needed (assuming all technical details in it such as dates are accurate).