What is my LL playing at?

JoRoss

Hi, my 1st post here so be gentle, I have been told you are a helpful bunch

We have rented our house for nearly 4 years, been on one month rolling tenancy for 3.

LL now is renewing our tenancy singing us in for another 12 months although he has said he will reduce the fixed term to 6 months.

We now have to pay again to ensure our deposit with 'My Deposits' £35!

He has changed some wording in the agreement which almost makes it look like we are responsible for any repair work.

He has added in a £50 check out fee which will come directly out of our deposit!

He has also emailed us telling us we must paint (he will supply the materials) the walls and ceilings of all the downstairs rooms, sanding down woodwork and undercoating before glossing, all before the end of the month. We emailed him back explaining we are not decorators and have no experience n sanding down and undercoating gloss work and that we felt that to have all this work completed by the end of the month was unfair and could we have til the end of the year. .....

This was his reply!

With regard to the painting, I will undercoat and gloss the door & frames at day to suit you in September. When the kids at school and the dog is out of the way.
I just require you to clean wals and ceilings then paint the Nath, kitchen & lobby . Ok you can take 2 months to do it.

Anyway... I have taken it to the CAB for advice as I also believe he has forged his witnesses signature on the new tenancy, they cant see me til Monday but the LL is coming here at 6pm tonight to collect the signed agreement (that we only got 2 days ago!)

Also the LL came round to do some repair work and I have ended up with a grotty 2nd shower screen, a piece of wood covering the crack by the front door, and 1/2 painted windows and doors at the back of the house!

So sorry this is such a long post but there is so much to say.

Any advice greatly appreciated!

hazyjo

Why don't you stay on a rolling tenancy?

Jx

jjlandlord

JoRoss wrote: »

LL now is renewing our tenancy singing us in for another 12 months although he has said he will reduce the fixed term to 6 months.

LL cannot "sign you in" for a fixed term: You obviously have to agree to it.

JoRoss wrote: »

We now have to pay again to ensure our deposit with 'My Deposits' £35!

Again, you don't "have to pay". This is up to negotiation if you decide to agree to a new fixed term.
In any case it is the LL legal obligation to protect the deposit.

JoRoss wrote: »

He has changed some wording in the agreement which almost makes it look like we are responsible for any repair work.

Some repairs are the LL's statutory obligation, whatever the agreement says.

JoRoss wrote: »

He has added in a £50 check out fee which will come directly out of our deposit!

Same as above: You agree or you don't.

JoRoss wrote: »

He has also emailed us telling us we must paint

Obviously you have no obligation whatsoever.

JoRoss wrote: »

I also believe he has forged his witnesses signature on the new tenancy

Does not matter as it needs not be witnessed.

JoRoss wrote: »

the LL is coming here at 6pm tonight to collect the signed agreement (that we only got 2 days ago!)

You sign and return the document only if you agree with the terms, and the new fixed term.

JoRoss

Oh and I forgot to mention he is putting our rent up, by only £15 a month, but if we weren't paying too much for this property before, we certainly are now!

wastedtalent

Tell him you will not sign as you're looking to move on, unless he's willing to reduce the rental as you think you're overpaying. Might make him think twice as he'll lose out if he has a vacant property.

BitterAndTwisted

If you've been on a periodic tenancy for three years I cannot see why you would be interested in signing a new fixed-term contract now. It doesn't make any sense to me unless the LL is attempting to squeeze some strange and unenforceable clauses on you. Like the redecorating. This is most certainly not your responsibility not matter what the landlord thinks, so don't do it unless you think that it's fair and reasonable.

I've never heard of the tenant being charged for the deposit to remain protected and I would expect the landlord to accept that charge as part of their business costs. They've had rent continuously for the past four years with no void period, for heaven's sake.

The check-out fee is reasonable but if it wasn't mentioned in your original contract don't sign the new one.

Not signing this new fixed-term could result in your being served notice so you should be prepared for that. I can't think of one good reason why a sensible landlord would want to go through all of the hassle and expense of getting shot of decent tenants.

JoRoss

hazyjo wrote: »

Why don't you stay on a rolling tenancy?

Jx

He says due to changes in tenancy law we have to sign a new tenancy and every new tenancy must start with a fixed term!

He says he also wants to sell the house within the next few years. Just find it all very unsettling and weird!

jjlandlord

JoRoss wrote: »

He says due to changes in tenancy law we have to sign a new tenancy and every new tenancy must start with a fixed term!

Obviously incorrect on both counts.

Scully38

What is the wording of the agreement with regards to painting/decorating and repairs? If you've been in for a while it's reasonable that repairs be carried out, but I would have thought that if you did the work, then you would take out some of the costs from the rent. could you give us specific wording of the areas of concern.

Also, don't be pressurised into signing, email the LL or ring and tell him that you are still reading the contract and there are a few areas of concern that you want to check out before you sign and you will contact him next Tuesday with your response after you've spoken with citizens advice /Shelter.

lynzpower

Sounds to me like hes getting you to decorate the property, agree to a load of clauses then he asks your to leave. (taking your checkout fee and probably stating you haven't repaired something properly and taking money for that too)

Dont sign it, take advice, but you might want to get your eye out to see what else is on the market at the same time

Caveat_Mortgagor

The landlord sounds like a fantasist.

Have a read of this link. Ive copied some of the most relevant text for you.

http://www.tenancyagreementservice.co.uk/rent-increases.htm

Rent increases may be stated in the tenancy agreement, so the tenant would have been made aware of the rent increase in advance by the landlord. If there is no mention of a rent increase in the agreement and the tenant is unwilling to mutually agree the increase then the landlord may issue a section 13 notice.
If a landlord does not follow the correct procedure and give the tenant notice of the increase then the tenant can continue paying the set amount of rent.



Notice required before an increase
A landlord is required to give the tenant sufficient notice before a rent increase is to take effect.
For a monthly, weekly or fortnightly tenancy one month’s notice of the intended increase is required.


The rent increase must begin on the same day of the month that the tenancy started, not another day of the month. For example, if the rent for the tenancy is due on the 28th of every month then the new increased rent should also be due on the 28th of the month.

Section 13 Notice
The Housing Act 1988 makes it a requirement for a landlord to issue the tenant with a Section 13 notice if the increase in rent is not stated in the tenancy agreement and the tenant refuses to agree to the increased rent proposed.
The form giving notice of an increase in rent is required to be completed by the landlord. The form contains information on the rent increase and the starting date for the new rent proposed. It guidance notes for both landlord and tenant and is quite straightforward to complete.
If a landlord decides to increase the rent but does not issue a Section 13 notice then the tenant is not obliged to pay the increase in rent, unless stated in the tenancy agreement. If a landlord later tries to gain possession based on unpaid rent arrears due to the increase, then the rent increases may not be accepted by the courts. There would not then be a possession order based on rent arrears and the possession order may be refused.
In some cases the landlord may prefer to issue the tenant with a Section 13 notice, but more often than not they would rather end the tenancy, if a tenant refuses to agree to the rent increase.