Problems with rental property

prudryden

clutton wrote:

why not ask the landlord if you can buy the house yourself ?

There you go!!

scrummy_mummy_2

Gorgeous_George wrote:

I'm sure the impact on house prices of BTL are minimal when compared to immigration, low interest rates and planning laws.


I don't believe that the LL is necessarily in financial trouble. House prices haven't crashed and interest rates haven't risen much. I do not believe that he can be in so much trouble.

From OP's post #13, it sounds like debtnovice is safe for 8 months as summised. I'm not sure that they can insist you give 2 months' notice.It's usually one month from you or two months from the LL.





Absolutely right.
A fixed term is what is says. Both parties agree to let/rent a property for a set period of time. The LL has the RIGHT to possession at the end of this set period.
At the end of a fixed term agreement, if another AST (fixed term) is not created the original agreement lapses into a periodic agreement which is determined by the timing of rental payments.
If the rent is paid monthly, the periodic agreement goes from month to month. (eg: 13th of one month to 12th of the next month...rent again becomes due on the 13th and so on)
The LL has to give 2 periods' notice to quit (normally 2 months)
The tenant has to give 1 period (usually 1 month)
Sometimes (as in my case) I ask (politely and informally) for a minimum of 6 weeks notice or as much as they can give me, but they only actually need give me one month.
In practice, I tend to work closely with my tenants and not be so rigid and will adjust pro rata rental payments etc.....
From the original post it sounds as though the original AST was 6 months and after that it will become periodic....which goes on until either party end it.

Don't worry about the LL financial problems...let him deal with it.
You just carry on paying your rent and don't break your side of the AST at all.
your tenancy rights will carry over even if the lender repossesses and the lender will be unable to 'evict' you unless you have broken the terms of the legal contract (the AST) between you and the LL. What they will do is serve a notice to quit once they own the home again.
If anyone is in the poo and has granted a tenancy when one should not have been, it is the LL problem and they will go after him.
Once the lender repossesses, they will have to give you 2 months' notice to quit, which must be in a written form...unless you are going to become too worried by the LL's actions and the impact it may have on you (instability), sit tight and calmly get on with your own life......not your (immediate) problem!

prudryden

The OP has a 12 month contract with a break clause of 6 months. The landlord can give him notice in the 4th month, but before the tenant pays the 4th month rent. The tenant has agreed to a two month notice if he wants to break the contract. He must give a two months notice before the 4th month rent is due to leave at the end of the 6th month. (It depends on how the contract is worded - read it carefully as sometimes it isn't very clear).

RE: Periotic tenancy - A periotic tenancy begins after the 12 month original term, if a new contract has not been signed. The terms of the periotic tenancy are the same as the original contract (i.e. two months notice by either party), NOT by the timing of the rental payments.

For some reason, there have been some recent post proclaiming that a two month notice by a tenant is illegal. Parliament has yet to create a law stating that two parties can not agree terms and sign a contract by which both agree.

sanfrancisco

abaxas wrote:

The LL..

Maybe you should also check with the agency he can legally rent this property to you (ie has the correct mortgage). Write to them and ask for clarifiaction and withhold rent after 28 days if not received.

Sorry to barge in on another poster. Situation sounds like a nightmare.

I just have a question with regard to the above. Do letting agents HAVE TO check that a property is being let out with the correct mortgage? Do they all do it? I can't believe this. Does anyone know the law? Many Thanks.

prudryden

sanfrancisco wrote:

Sorry to barge in on another poster. Situation sounds like a nightmare.

I just have a question with regard to the above. Do letting agents HAVE TO check that a property is being let out with the correct mortgage? Do they all do it? I can't believe this. Does anyone know the law? Many Thanks.

Letting agents do NOT have to check and, in fact, will omit that declaration out of the letting contract if the LL so advises.

scrummy_mummy_2

prudryden wrote:

The OP has a 12 month contract with a break clause of 6 months. The landlord can give him notice in the 4th month, but before the tenant pays the 4th month rent. The tenant has agreed to a two month notice if he wants to break the contract. He must give a two months notice before the 4th month rent is due to leave at the end of the 6th month. (It depends on how the contract is worded - read it carefully as sometimes it isn't very clear).

RE: Periotic tenancy - A periotic tenancy begins after the 12 month original term, if a new contract has not been signed. The terms of the periotic tenancy are the same as the original contract (i.e. two months notice by either party), NOT by the timing of the rental payments.

For some reason, there have been some recent post proclaiming that a two month notice by a tenant is illegal. Parliament has yet to create a law stating that two parties can not agree terms and sign a contract by which both agree.

I hope you don't think I'm being nasty, but I think you are incorrect about the notice periods....please see the attached quote. It is cut from the following web address

http://www.lettings-landlords.co.uk/info/tenancy_agree.html


Assured Shorthold Tenancies:

A vastly better type of tenancy than the Assured Tenancy, but be warned that this is still a type of Assured Tenancy. Note that for an Assured Shorthold Tenancy these points are vital:

1. The tenant must be an individual or group of individuals for whom at least one the property is their principal address.

2. The tenancy commenced after January 15th 1989

3. The Landlord can not terminate the tenancy unless he has given two months written notice in the form of Section 21 of the Housing Act 1988.

If the tenancy becomes periodic i.e. the fixed term has run out, then the tenancy continues until the tenant gives one months notice or the landlord gives 2 months notice. Such notice should coincide with the rent date.

END OF QUOTE................................

Sorry if my comment comes across as shirty....it's honeslty not meant to be.
Don't forget, these are the legally prescribed minimum notice periods...if a tenant and LL want to agree 2 months in a contract...fine, but if it goes to court at any point, the above timings are the legal minimums necessary.

prudryden

Hi Scrummy,
I didn't think you were being nasty - but other posters on this forum and others have indicated that a two month notice by tenants is illegal. This is simply not the case and could cause tenants problems if they start believing that they can breach a contract because of what they have read here.

"If the tenancy becomes periodic i.e. the fixed term has run out, then the tenancy continues until the tenant gives one months notice or the landlord gives 2 months notice. Such notice should coincide with the rent date."

I believe that "Lettings-landlords" should include in that statement Subject to Original Contract. I also believe that it was worded in this fashion only because up to recently that was the norm i.e. one months notice by the tenant. However, I will inquire of the originator of the web site as to the wording and what his feeling is about changing it.

debtnovice_2

thanks for all your help guys/gals...the landlord is in financial difficulty. after we pay our rent and he pays as much as he can out of his wage, he is still £400 short! serves him right for getting a mortgage of about £2k per month!
just so i understand, with our 12 month contract with a break clause after 6 months, he can write to us before rent payment in month 4 so we have to be out for month 6? thanks for all your help

prudryden

Yes - that is how my contracts read. Do you have the exact wording of the contract?

debtnovice_2

hiya prudryden,
the wording is:

"It is agreed that after an initial period of six months, two months notice in writing may be served by either party to terminate this agreement"

the way i read this is notice can be given at end of 6th month at the earliest so we move out in 8th month, but agent is saying that notice can be given in month 4 so that we move out in month 6...having read 'after', i just assumed that for 6 months, neither side can break contract..but who knows!