Gas Safety Check and annoyed LL (him not me)

G_M

On a related point. You do realise you don't have to sign a new 12 month contract in January don't you?

If you are thinking of leaving, do NOT tie yourself in for 12 months. Only do this is you want the security of knowing he cannot evict you for 12 months.

If no new contract is signed when this 12 months ends, you simply move to a monthly Periodic Tenancy. This happens automatically. No discussion, agreement, signature needed. You can then leave any time by giving notice (one month aprox).

GotToChange

poppysarah wrote: »

If you are actually scared of him then you need to be prepared to move.

If your contract is up in January then that's when you'll be going. So bear this in mind.

If he threatens you physically then ring the police. If you are just timid then make excuses and run away from him and write him a letter.

Shelter is there for advice if you need it.

I am not scared of him physically (I would never be in close enough proximity - and I am sure he is not violent at all - what he used to be was over-familiar and his "conversations" would always turn a but slimy iykwim). I certainly don't appear to be timid -but actually am - and the situation is one in which I am, or feel, vulnerable, there is no getting past that and it is as though he wants to capitalise on and blatnantly ignore the fact that I am even a woman who lives by herself.
I cannot see myself lasting another 12 months here anyway (other reasons) so would anyway be reluctant to sign into it even if it were to be presented - and I would also bet that there would be a rent increase....
If I don't sign it, what are the rules for me leaving.............?

AFK_Matrix

Just to add to what G_M has said above, if you do go on a Periodic Tenancy though the LL can serve you a Section 21 giving you 2 months to get out.

As for the rules when you leave, just give a months notice. It needs to start on the day after your AST ended and then be 1 full months notice. IE. Your AST ended on Jan 19th. You come to April next year and want to leave, you would then give notice from April 20th and your last day in the flat would be May 20th.

GotToChange

G_M wrote: »

On a related point. You do realise you don't have to sign a new 12 month contract in January don't you?

If you are thinking of leaving, do NOT tie yourself in for 12 months. Only do this is you want the security of knowing he cannot evict you for 12 months.

If no new contract is signed when this 12 months ends, you simply move to a monthly Periodic Tenancy. This happens automatically. No discussion, agreement, signature needed. You can then leave any time by giving notice (one month aprox).

Well that was what I, in my ignorance, wondered - and just asked above.
So I see that it would go onto a rolling contract, but what would that mean from his pov - that he could then also give a month's notice in return?
I see this is answered above - goodness, you're quick Matrix and GM - Thank you. So, I would give one month's notice - but he "has" to give 2 month's and/or serve Section 21?

(I am really so dumb about this - I didn't want to upset the applecart at all. The window really wasn't at my request (so I don't consider myself to have been apathetic in that regard) - and even when I asked the builder myself to do it, he wouldn't and LL's permission was needed so a bit of a catch-22 which, yes, I just let happen.)

Ulfar

You really need to stand up for yourself as you are allowing yourself to be bullied by this idiot.

Will it end up in you moving, probably. However from what you have described this may be no bad thing.

As others have said do not pay cash, pay by cheque. The counting cash in front of you is bullying and him being a power freak.

If you want to stay, sign a new 12 month contract then start insisting on your rights. Change the lock barrels, pay by cheque/standing order, inform HMRC, make him arrange the gas safety check (you are paying him as a landlord this is one of his responsibilities).

Blackpool_Saver

I had an intimidating baaaah-stard of a landlord like this too, he used to just walk in the back garden and nosy in the shed, talk and talk until I was backed up against the wall and all kinds, say he wanted to come round and show me how to clean a shower like he did in his hotels (if you are reading you will know who you are) when I finally managed to find somewhere to move to he actually came to the new house, walked round the back and nosed in through the windows. I had to call the police !!!! .......anyway my point is, if I had my time over I would be a lot firmer, PLEASE stand up to this person........

GotToChange

Another question....

...can HE not actually supply/arrange (what would the word be?) a new AST this coming January?
Would that then be in effect the starting of "eviction"?
Or has he then put this onto a rolling contract (but would still be required to start Section 21)?

Because I - and you good helpful people - am/are semi-assuming that he is going to come up with one.
(By the way, there have been years when he hasn't.)

(I am really stupid about these matters.)

G_M

GotToChange wrote: »

...So I see that it would go onto a rolling contract, but what would that mean from his pov - that he could then also give a month's notice in return?
I see this is answered above - goodness, you're quick Matrix and GM - Thank you. So, I would give one month's notice - but he "has" to give 2 month's and/or serve Section 21?

If he wants you to leave once you are on a Periodic tenancy:

* he has to serve a S21 Notice giving 2 months notice of his intention to seek possession - this is NOT a notice to quit and does NOT mean you have to leave. It is like a 'warning'. The 2 months must align with the rental period dates - so might actually be nearly 3 months)
* then he has to get a court order for possession. This takes 3-10 weeks (depends how busy they are!)
* if he's made a mistake (eg the dates), the court throws it out and he has to start again
* if he gets a court order and you still don't leave, he has to go back to court and request bailiffs - takes another 2-4 weeks.

So. LOTS of time!

sonastin

If I understand it correctly, he also has to serve a S21 notice to get you out at the end of the fixed term. If you haven't had a notice, he can't insist you move out in January and you'll automatically go onto the periodic tenancy until either he learns about LL&T law and follows the correct procedure or you choose to leave and give him notice.

GotToChange

This at least is reassuring news.

I think that I do want to start the search for somewhere new - but I am also considering the best way I can to deal with the present mess - as I fear that our relationship is broken now.
I certainly am looking at paying him by cheque - even this feels a bit hairy. I would of course SO much prefer to pay straight to his bank but that requires his co-operation.

He has not called me back - which is odd, given his manner about how the issue wasn't brought to his attention soon enough.

My day is royally messed up as I have been reluctant to go out of the house,fearing that he would then come in........ (paranoid I know - but not without reason) - I have to go out soon to look after my horse - and later this evening will be devoted to drafting a letter to him, which will hopefully not result in me incurring his wrath.

*sigh*