Rules : Allowing Rental Viewings

BitterAndTwisted

There might be some mileage in trying to negotiate an early surrender once you've got a firm moving-in date for your new property. That way, you wouldn't need to feel compelled to house-sit in the rental and pay the rent when your OH moves to the new property.

In any case, if the agent sends you a renewal you are not compelled to signify your intentions to sign a new fixed-term or not.

Negotiate.

FireWyrm

BitterAndTwisted wrote: »

There might be some mileage in trying to negotiate an early surrender once you've got a firm moving-in date for your new property.

Really? That's interesting. When I tried to do the same thing with the last lot, I was looking at paying the LA 'admin charge', the 'advertising fee' and the rent until they can engage another tenant. Essentially, it worked out at a worst case scenario of £250 for the Admin (non negotiable), £300 for 'advertising' and I'd still have to pay the blinking rent anyway and they could drag their feet over putting someone else in there so I'd end up paying the rent all the time. It was looking like it was going to cost me more if I tried to ask for an early exit. I couldnt see any advantage in that. It was going to be expensive either way to exit early so I opted for just paying the rent up until the exit date.

BitterAndTwisted wrote: »

That way, you wouldn't need to feel compelled to house-sit in the rental and pay the rent when your OH moves to the new property.

It would be nice to just leave it (and go to MY home), but as above, it seems to be far more expensive that way. I admit I havnt spoken to this lot about it yet for fear of being evicted before I was actually ready to go so their fees could be different, but I wouldnt expect it to be markedly so. If anyone has a different perspective, I would be glad to hear it....

BitterAndTwisted wrote: »

In any case, if the agent sends you a renewal you are not compelled to signify your intentions to sign a new fixed-term or not.

This I didnt know. I was given to believe that failure to sign the form by the given date was automatic eviction. I guess I could just 'ignore' it until I'm ready then.

BitterAndTwisted wrote: »

Negotiate.

Always good advice.

BitterAndTwisted

Also, all that guff about the risks of going through the deposit arbitration scheme and losing which the previous agent told you was cobblers. They make !!!!!! up as they go along and unfortunately you believed them.

Caveat_Mortgagor

FireWyrm wrote: »

Hi All


The last time we re-signed the AST contract, it said in the small print that we will have to allow viewings on the rental for up to 2 months before exit. This means that we will be getting a new AST request in August (towards the end I believe) and at that time, I will be forced to declare our intention to leave. At that point, they will demand admittance for viewings and I'm not happy about this.

The advice so far seems to have missed the simplest solution......

If you are certain you will have moved out by the time your tenancy finishes, my advice would be not to get into any discussion with the LL/LA.

If they offer a new tenancy agreement refuse it and say you would prefer to go periodic.

On the day your tenancy finishes hand the keys in. IMPORTANT Make sure you arent even 1 day late.

You have no further obligation under the tenancy and have not had to suffer the inconvenience of viewings.

may_fair

FireWyrm wrote: »

I was given to believe that failure to sign the form by the given date was automatic eviction. I guess I could just 'ignore' it until I'm ready then.

The LL cannot obtain a possession order via s.21 procedure to take effect earlier than the end of the fixed term on 28th October 2011.

Eviction procedure is lengthy. First, the LL must serve the s.21 notice, which must give T at least two months' and cannot expire before the end of the fixed term. Then, after the notice expires, he must apply to the court for a possession order. This isn't 'automatic' unless the LL's paperwork is all in order, which it often isn't. The whole procedure takes at least four months from start to finish and can take longer, especially if the T defends the application.

If you do not sign a renewal and remain in occupation after 28th October 2011, a statutory periodic tenancy (a.k.a. rolling contract) will automatically arise. The terms of the expired contract carry through into the periodic tenancy except for any provisions relating to notice. In a periodic tenancy, T must give at least 1 month's notice to quit, also expiring at the end of a tenancy period (in your case, if you pay rent monthly, then the periods will run 29th - 28th of the month). The LL's s.21 notice, if served after 28th October, would also have to expire at the end of a tenancy period.

In short, your tenancy won't just 'stop' if you don't sign a renewal and don't move out at fixed term expiry (and you've no obligation to sign the renewal).

may_fair

FireWyrm wrote: »

Isnt holding them up to ransom dangerous? They could just withold all of my deposit as a matter of principle. The last lot did. No matter how much I argued, I still ended up paying £50 for each mark on the wall, disposing of the LL's rubbish in the cellar and £400 for a new carpet because of a tiny snag in the carpet. When I tried to fight it, the LA said that the deposit people would agree with them and I'd lose all my deposit in that case in penalty fees. So, I could pay half of my deposit for the fines, or lose it all if I fought them and lost, plus the LL's costs apparently.

As B&T says, the agent was conning you.

For the truth, read the deposit schemes' guidance - A Guide to Tenancy Deposits, Disputes and Damages, the last one on the list on this link:
http://www.depositprotection.com/document-library/processes.aspx

sequence

FireWyrm wrote: »

Yes, the deposit was 'protected' for all the good it did. I was told that the deposit arbitration would automatically agree with the LA's assessment and it was my burden of proof to show reason why I should keep my deposit. I was also told that you automatically lose it all if you go to arbitration and you lose because you have to pay the LL's costs too.

This is all nonsense. The burden of proof is ALWAYS on the landlord no matter what. You don't have to pay ll costs just for going to dispute.

It's YOUR money, why would you have to prove why someone else should not keep your money ? The other person(LL) always has to prove the reasons for keeping YOUR money.

Hopefully you won't fall for that one again. LL and agents will say anything to prevent you from going to dispute as it's hard for them to prove why they should keep your deposit.

FireWyrm

Grrr...!!!!!!!:mad:

Son of a b ***tch. Thieving B**ds.

Thank you all so much. I wont fall for it twice. It was my first rental home so I didnt know what was right and wrong. I had to take what the LA said as truth. I wasnt happy, but there didnt seem to be anything I could do about it.

You lot have put me right.

@Caveat Mortgager : I'll just keep my mouth shut then. I thought I had to return the new contract, but you've told me otherwise so I'll just ignore the bleating then.

sequence

Don't forget you can expect every lie under the sun when you move out regarding not giving notice. Just ignore and go to the deposit service to get your deposit back.

FireWyrm

sequence wrote: »

Don't forget you can expect every lie under the sun when you move out regarding not giving notice. Just ignore and go to the deposit service to get your deposit back.

OK, so how do I handle the checkout? Should I notify them in writing say 7 days before the end of the AST that I intend to leave and let them arrange the checkout. I know I have a right to be at the checkout, but they dont have an obligation to tell me when this is, meaning that I miss it....same effect. As for notice, what do you mean? Do I have to give them one month in writing like the rolling contracts? I dont wish to be unreasonable and this has gone from stopping them just walking in, to actively obstructing them which was not my intention. The last time, I had to fight to get a notification as to the checkout meeting which I want to avoid. The benefit then was that I was still 'living' in the rental at the time and so had a perfect right to let myself in and tag along, but if I've surrendered the keys, who knows what they can do without me there.