Tenants rights -facts please!

relhuk1

Hi all sorry for the long absence and thanks for al of your input thus far.
UPDATE 2:

I can confirm the new Tenancy agreement is the 'new type' on a rolling monthly contract -I give 30 days notice, LL gives 60 days.......that I have not signed yet.

Note the date - 30/3/12 and still no heating hot water!! Yes you read correctly!
The plumber has been twice since to 'repair' the boiler and it failed both times. In between these repairs we have been house hunting and told this to the plumber - I said feel free to mention this to the LL (If you can find him!)The plumber told me he had indeed mentioned it and the LL's reply was 'good riddance -I'll sell it'!.(with no boiler???)He also told the plumber he was 'skint' and could not afford a new boiler.

During this we have signed on a new property and Credit checked and waiting for some gas/electric checks and a cheque to clear -with easter our moving date should be 21st April.
However the new LA have spoken to the existing LA re reference etc.The present LA called me and asked if we were thinking of leaving and I replied yes!
A few days later the plumber (who has been great throughout and sympathizes deeply and also thinks the landlord is a 'piece of work'),rang to inform me the LL is now magically un-skint and fitting a new boiler - albeit another cheap one......brand new boiler fitted...but a part was leaking...you wont believe the next part:

Man from boiler company comes very next day to replace faulty part under warranty- boiler running (party time and dreams of showers in our own house again!)...Ten minutes after he leaves we have no hot water. Call him back. This time he identified a possible fault with NEW control panel- replaced, still no hot water? After all that a gas pressure test identifies low gas pressure so the boiler switches off for safety! Result?- we will have to have a new gas pipe fitted via transco!!!!!! Probably about 3/4 weeks..... Have you ever heard of such a shambles to have bloody hot water in the house!!!! Looks like we not having hot water before we move.

Newer update: plumber rang this morning to let me know 'unofficially' that he was in LA office this morning and the LL has told the LA he wants us out as we have not signed the new agreement!!

SOOO....my question is regarding our notice. The LA told me I must give 30 days notice from the day of rent payment (22nd) so its too late for march now and will have to be from 22nd April -rent paid again- handing keys back 22nd May. We will have moved into the new property by 21st april so am gutted if I do indeed have to pay Aprils rent. Surely the Tenancy agreement is null and void re 30 days as I have not signed new one or am I bound by the old one.Also if the LL does indeed serve notice I wont have to pay aprils rent will I, or would i automatically forfiet the bond ?
Please clarify!! Thanks

Wantahouse_2

You don't need to sign the new tenancy agreement - after the last day of the fixed term, you would have automatically rolled over onto a periodic tenancy - I actually find it strange they were asking you to sign an agreement for a periodic tenancy - completely unnecessary as those notice periods are statutory.

So unfortunately, no the tenancy agreement is not null and void.

vuvuzela

Wantahouse wrote: »

You don't need to sign the new tenancy agreement - after the last day of the fixed term, you would have automatically rolled over onto a periodic tenancy - I actually find it strange they were asking you to sign an agreement for a periodic tenancy - completely unnecessary as those notice periods are statutory.

So unfortunately, no the tenancy agreement is not null and void.

It's not strange at all that they would want him to sign an agreement clarifying his statutory periodic tenancy rights. THEY MAKE MONEY FROM IT.
As I said, it's not strange but it is at the very least unethical and not in your best interests. Don't sign it !

andy.m_2

is the boiler chafferteux?

BitterAndTwisted

There is no such thing as a "new-type" tenancy agreement on a rolling monthly contract -I give 30 days notice, LL gives 60 days. That's oprecisely the notice periods on a statutory periodic tenancy, which is what you are on now. The only reason for issuing this contract is to charge both you and the landlord a fat renewal fee. Sign nothing.

All contact about this boiler business should have been, and must continue to be IN WRITING. Keep copies of every letter you have written.

SavvyStudentSaver

If you want to move out of your own accord, you legally need to give the appropriate notice of one month, aligning with the tenancy periods. So, if your tenancy ended on the 16th of the month, then you'd need to give notice by the 16th April to move out on the 16th May, for example.

However, if you can get the LL or LA (who is a representative of the LL) to agree to you moving out on another date, you can move out whenever both of you agree to. So, if the LL has said he wants you out, you can maybe try bargaining with them, or the LA, to be released earlier with a discounted rent for the month if you wont be living there the entire month.

It doesn't seem however that this is likely to happen, with what they've said, so April's rent may well be payable.

relhuk1

andy.m wrote: »

is the boiler chafferteux?

No its a Simi. Seems ok -or it was for about ten minutes.

relhuk1

Now waiting to see if a letter of notice arrives on the mat before we play the next card (our notice) -we have until 22nd April to give notice so the ball is squarely in LL court. He is looking at some hefty repair bills so I guess the extra months rent in his wallet will be what he,s hoping for? Cant see him agreeing to 'let us go' early without the extra months rent?

Annisele

Are you sure you have until 22 April to give notice? You say earlier that you'll be moving on 21 April; it's pretty odd to be giving notice *after* you've moved!

Edit: Ah, I saw this bit now:

The LA told me I must give 30 days notice from the day of rent payment (22nd) so its too late for march now and will have to be from 22nd April -rent paid again- handing keys back 22nd May. We will have moved into the new property by 21st april so am gutted if I do indeed have to pay Aprils rent.

Sorry, I think they're right (in principle; I'm not completely sure about the exact dates). You have to give one complete rental period's notice. So, if you give notice now it won't be effective for more than a month.

dimbo61

This is why its a very good idea to have both a gas shower and back up electric shower in theb bathroom.
I wont have a gas oven or cooker when electric is safer and easier to use, also no GSC needed for the cooker just the central heating