Lease is up and landlord being awkward

ds751

Hi,
I hope someone can give me some advice here. My lease on my rented property was up today (18th) and I had an appointment tomorrow to sign a new 6 month tenancy agreement at the estate agents, who manage the property. The estate agent telephoned me on Friday afternoon and said that the landlord wants to come round to inspect the property before I sign the lease.

Effectively this means that I am still living here without having signed anything ! I know that the landlord has every right to enter to property with reasonable notice and he has arranged to let himself in on Tuesday whilst I am out at work. I have agreed to this but was put on the spot when asked because it's usually the estate agent lady that comes round to do the inspections - not my landlord.

He hasn't been the best of landlords to be honest; for example there was a lot wrong with the property when I first moved in that I didn't know about but me being mild and meek didn't want to complain. Also, I have an uncontrollable garden with lots of shrubs, flowers and trees - when I originally moved in, he said that a gardener was included (because its really hard to maintain) but then he seemed to change his mind and started asking me to do the garden, which I hate and struggle to find the time to do. I told this to the estate agents and they spoke to him; he said that if I wanted a gardner he would have to put my rent up, which I can't afford. I didn't have the agreement for a gardner in writing :-(

I am really fed up with it all now and want to move out to a smaller house with less problems and a smaller garden and a more reasonable landlord. Anyway, sorry for ranting - shall I agree to let him nosey round my home or tell the estate agents I am not happy about it tomorrow ?? I feel like its an invasion of my privacy by someone who I do not know and who will be looking around my bedroom etc without me there. I know that comes as part of renting but its out of the blue. Thanks for reading !

B_Blank

Leave if your not happy with the LL/property.

DVardysShadow

Just stay below the radar. As you will still be in the property tomorrow after expiry of the fixed term, you are now on a Statutory Periodic Tenancy. This means that all of your existing lease applies, except you must give 1 month's notice and the Landlord must give you 2, both to expire at the end of your rental month. So you have security now until 18th December.

There is absolutely no need to sign a new tenancy agreement.

A question most regulars would like an answer to - is your deposit protected?

Werdnal

If your existing lease runs out today, from midnight tonight, if you are still living at the property, your fixed term automatically becomes a Statutory Periodic Tenancy (SPT rather than AST which your original lease was). You therefore have exactly the same terms and conditions covering your tenancy, other than you only need to give 1 month's notice to leave, and your LL is still required to give 2. You therefore DO NOT need to sign any new lease at all, unless you want the security of having another fixed term where your LL will be unable to evict you until that term is up.

By staying past midnight tonight, this will already happen, so tell the LA you have no need to sign (and pay their renewal fee). They won't like it as they always charge for getting a new lease signed, when really there is no need or point to it unless you want another fixed term!

You are also under absolutely NO obligation to allow the agent, LL or anyone else to have access to or inspect the property. Whilst you are living there, it is your home and you choose who has access. However, this along with the lack of a new fixed term, will no doubt prompt your LL to possibly give you notice. As stated above, the required notice is 2 months, so if you want to move, use this time wisely to find somewhere else to live. Do not feel at all pressured into signing anything new, or allowing any inspection visits - the law is on your side! Regardless of whether LL's rights of access are shown in the tenancy agreement, this is not an enforceable clause and you can refuse.

Tell them you do not agree to the visit, or if you do, you want it done at a time that you can be present. TBH, inspection visits during the tenancy are pointless as it is the condition the property is left in when you leave that matters. You can live how you choose, so long as the property is left in the same condition as you found it when you moved in (less fair wear and tear). Did you have a check-in inventory at the start? Did LL take and protect a deposit?

Wee_Willy_Harris

It may be a good idea to view the inconvenience of an inspection as an opportunity for YOU to bring any issues to the attention of the landlord. Strictly speaking, you don't even have to allow inspections (and are free to change the locks, should you wish). However, it may be best to have a more productive relationship with any landlord and work towards a mutually agreeable arrangement.

As for re-signing the lease (or a new one), your tenancy will continue as is if you don't. ie you are owed 2 months notice from your LL, and you have to give one. If you are considering moving, it may be better not to commit to another fixed term. Of course, this also limits your security.

You, as a tenant, have rights. But they are worth nought if you are not prepared to exercise them.

G_M

ds751 wrote: »

Hi,
.... My lease on my rented property was up today (18th)then if you stay, tomorrow you will autmatically begin a Preriodic Tenancy. Perfectly legal and I had an appointment tomorrow to sign a new 6 month tenancy agreement No need unless you WANT to at the estate agents, who manage the property. The estate agent telephoned me on Friday afternoon and said that the landlord wants to come round to inspect the property before I sign the lease.Only sign if you are sure you want to stay 6 months. If not sure, remain on your monthly Periodic Tenancy

Effectively this means that I am still living here without having signed anything !Does not matter. See above I know that the landlord has every right to enter to property with reasonable noticeNo. It is your home. You can refuse. and he has arranged to let himself in on Tuesday whilst I am out at work. Are you happy about this? If not, refuse. Put it in writing. Change the lock. As a Periodic Tenant this is your home and you have a right to privacy ("quiet Enjoyment" of the property) I have agreed to this but was put on the spot when asked because it's usually the estate agent lady that comes round to do the inspections - not my landlord. If you wish to change you mind, ring on Monday and say you would prefer the LL not to come in while you are out. Follow up with a Letter to say this. Hand deliver it on Monday.

He hasn't been the best of landlords to be honest; for example there was a lot wrong with the property when I first moved in that I didn't know about but me being mild and meek didn't want to complain. Also, I have an uncontrollable garden with lots of shrubs, flowers and trees - when I originally moved in, he said that a gardener was includedIs this in writing? In the tenancy agreement? If not, forget it! (because its really hard to maintain) but then he seemed to change his mind and started asking me to do the garden, which I hate and struggle to find the time to do. I told this to the estate agents and they spoke to him; he said that if I wanted a gardner he would have to put my rent up, which I can't afford. I didn't have the agreement for a gardner in writing :-(Nothing you can do. You rented a home with a garden. Your choice. Look after it. If you don't want a garden, rent a flat.

I am really fed up with it all now and want to move out to a smaller house with less problems and a smaller garden and a more reasonable landlord. Then DEFINATELY don't sign a 6 month contract!Anyway, sorry for ranting - shall I agree to let him nosey round my home or tell the estate agents I am not happy about it tomorrow ??You are not happy, so No! I feel like its an invasion of my privacy Yes by someone who I do not know and who will be looking around my bedroom etc without me there. I know that comes as part of renting No it does not! but its out of the blue. Thanks for reading !

1) Don't sign a 6 month tenancy
2) Explain to the agent/LL that as you are now (from tomorrow) a Period Tenant and want to stay on a Periodic Tenancy. Everything as before (rent etc) except you can give one months Notice at any time (the LL has to give you TWO months Notice)
3) WRITE saying you do not want the LL, or the agent, or any contractors etc coming round when you are out
4) change the lock. A new barrel costs £5 and is easy to change. See here (keep the original barrel and put it back when you leave)

ds751

Gosh, thank you all so much. It's made me feel a whole lot better ! I didn't realise I had so many rights; I was a bit worried that because my lease was up he could somehow evict me on the spot. I have actually found a better house and I am going to arrange a viewing this week; it only has a small garden too. I only took this property on the understanding that I wouldn't have to maintain the jungle of a garden but like G_M stated - it's not in writing so I can forget that. If I like this new house, how long can I drag the time out to move out of this current property? When is the latest I can hand my month's notice in? It's just I need time to sort everything out.

My deposit is protected, yes.

princeofpounds

You can hand your notice in with one month's warning, to coincide with a rental period (assuming you are on a normal monthly tenancy).

So for example, if your rental periods start on the 18th, you would need to hand in your notice before Oct 18th to leave before Nov 18th.

The landlord can do the same thing, but spanning 2 rental periods. He must also do it via a correct Section 21 notice (or Section 8 if you start misbehaving like not paying rent). All such a notice does is provide warning he might seek possession of the property. The tenancy does not end unless you agree to leave to meet that warning (as is normal) or a court order is made.

If the landlord wants you out then he must give that notice, then will probably have to wait another 1-2 months to get to court, and a similar amount to get a court bailiff to enforce the eviction. So I'd be pretty confident that you have 3-4 months if push comes to shove, although only 2 month's security if you want to do behave in a 'proper' fashion.

Rental law isn't that bad in England, apart from the limited security of tenure and the inability to unilaterally make decorative modifications to a property, but unless you know how to protect yourself it can seem a lot worse than it really is.

G_M

Once you are on a Periodic Tenancy, you can stay until either the Landlord gives you Notice, or you give him Notice.

You must give a full months Notice ending with a tenancy period. So if your current Fixed Term ends today (18th Sept) then your Periodic Tenancy starts on 19th Sept. Your monthly periods are therefore 19th to 18th of each month. So long as you give Notice to arrive with the LL on/before 18th of any month, you can leave on the 18th of the following month.

eg give notice on 28 Sept, one months notice will run from 19 Oct till 18 Nov so you leave on 18 November.

DVardysShadow

ds751 wrote: »

... My deposit is protected, yes.

That is good in itself. But if the deposit were not protected, the Landlord would not be able to serve effective notice to quit.

ds751

Brilliant, that gives me time to sort things out. So - it's ok for me to telephone them tomorrow and tell them that I don't want to sign a further 6 month tenancy and am looking for an alternative property? I can also tell them that I want to cancel the landlord coming to my home because I don't intend to stay? Then....if I like this new property, I can give them one month's notice next week (say 28th Sept) and move out on 28th Oct? Is this correct, as this is what I have in mind if I like the new house.