LL Problems Re New Tenancy Agreement

G_M

deannatrois wrote: »

He's one of these landlords that doesn't understand 'quiet enjoyment'. He'll be knocking on the door next.

Well, as long as he doesn't have a key, all you have to do is say you are busy and shut the door!

And if he does have a key, there is a simple solution to that too.

[Deleted User]

No he doesn't have a key. I am going to speak to LA housing advice tomorrow. I am concerned if I refuse to sign a new two year contract, I will be regarded as making myself intentionally homeless if he tries to evict me. The fact that he is trying to force me to tell him my decision re signing a new contract is not instilling me with confidence that I will be allowed to continue the periodic tenancy status (when this new agreement is not supposed to start til September, so I'd expect to at least have that amount of time to make a decision before he starts harrassing me).

I suspect I will end up being evicted. He's definitely one of the less pleasant landlords. Its a bit of a rock n hard place situation. If I agree to sign the tenancy agreement, I end up paying yet more rent I can't afford, having to put up with a bedroom my younger son can't sleep in in winter and unable to move because of the duration of the agreement. If I don't sign, the council could find me not homeless, I may not find another landlord that will accept me (I know the LA's won't because of my lack of earnings) and we end up on the streets (this does happen). Oh well, will see what happens.

Ames

I can't offer advice on the housing, although you seem to have that covered. I just wanted to ask if you've had a benefits check to make sure that as a household you're claiming everything you're entitled to? Your son might be eligible for DLA in his own right which would help with the bus fares. Obviously it all depends on his levels of need, but it might be worth speaking to CAB or DIAL to see what they say.

DVardysShadow

deannatrois wrote: »

I am concerned if I refuse to sign a new two year contract, I will be regarded as making myself intentionally homeless if he tries to evict me.

If he attempts to evict by means of a S21 [a no fault notice], I do not see that you can be held responsible for intentionally making yourself homeless. If you are Statutory Periodic at the moment, I don't see that not taking a 2 year contract is intentionally making yourself homeless.

[Deleted User]

He does get DLA.., that is used to top up the rent (currently topping up by £130 per month). Its actually supposed to be spent on him, not on rent but I had no choice. I am having to buy a laptop (the school won't provide one and he's not statemented although he has problems writing), pay fares, pay for the extra's he needs too. As I will need to accompany him to school.., the fares will be £100 a month. Keeping him in education is a must (he's not ready for the world of work) but its going to entail quite a few extra expenses.

The school bursary for post 16 people last year was £100 a tern.

I'm not quite sure how it could be so low but I am expecting to struggle without a rent increase adding to the mix (because I had to pay fares for my yonger son last year as he was given a place in a school two buses away and it was a nightmare financially, however hard I tried to keep things on an even keel.)

I do keep my outgoings as low as possible but am not sure how financially viable this situation is once my older son starts sixth form. I'm still paying off some fuel debts, the loan for the council to enable me to pay a months rent/deposit etc etc.

By the way.., the house is just a very basic 3 bed terrace. Its not luxurious or anything like that.

Ames

Would he be entitled to a buss pass? I think if he is then you'd be able to travel with him for free.

You could also apply to the council for discretionary housing benefit to help with the top up. Is it because your rent is higher than the LHA rate, or are they saying you're over occupying?

[Deleted User]

Discretionary LHA is only temporary whilst u find another house/solution. As he's over 16/year 11 there are no standard 'free' bus passes. He does not qualify for a free bus pass because of his disabilities as I only get lower rate mobility. I have asked. Thank you for your suggestions though.

[Deleted User]

OK Update time. In the end I thought I don't think I can face all the hassle of moving. Yep he's an iffy landlord, yep I've had to do rather more than I intended to the house to keep it in what I call basically habitable condition but with the difficulty I am going to have finding somewhere else.., I'll just have to grit my teeth and sign up for another two years. Housing basically told me I'd be making myself intentionally homeless if I did not sign the contract (and I haven't been here five years so might not fulfil their local connections requirment).., there is an undersupply of three bed houses for rent here (part of Kent) and how do I know the next landlord might not be worse?

So I had a talk with him. I told him I would not under any circumstances be spending any more money on the house but I would agree to pay his small rent increase and sign a two year contract. Off his own bat he said he'd give me a break clause after a year. He did admit he was experiencing some financial problems, and I suspect this is why he wants me signing a two year contract. He also said there'd be no admin charge.

Anyway, I have just read the tenancy agreement. Besides the appalling spelling.

1) It states he will charge £100 administration (very clearly said he wouldn't)
2) He has since said he expects me to insulate the isolated bit of roof over my younger sons bedroom (he said in our chat that he would provide manpower and help knocking a hole in the bedroom ceiling in this previous chat)

AND I noticed this clause:

2/ The Landlord may bring the tenancy to an end at any time before the expiry of the term by giving to the tenant not less than two months written notice stating that the landlord requires possession of the premises (what is the point of a tenancy agreement at all I am wondering?)

He has also changed the agreed break clause to

"Special Clause: The tenant may bring the tenancy to end after 12 months of contract by giving 2 months notice in writing to the landlord" (I thought a break clause would be like going on a periodic tenancy, only 1 month's notice required.., I might as well just hand him £775 now lol).

There is another clause - I am wondering if its legal:

"Forfeiture: Provided that if the rent or any part thereof shall be in arrear for fourteen days after the same shall have become due whether legally demanded or not or if there should be a breach of any of the obligations on the part of the tenant the landlord may re enter the premises or any part therof in the name of the whole and immediately thereupon the tenancy shall absolutely determine without predjudice to any other rights and remedies of the landlord." I find this clause rather alarming. He seems to be saying that he can come in the house at any time he has decided I've done something he doesn't like?????

I just want to get out of this situation. This is my first private tenancy., is this normal?

00ec25

deannatrois wrote: »

AND I noticed this clause:

2/ The Landlord may bring the tenancy to an end at any time before the expiry of the term by giving to the tenant not less than two months written notice stating that the landlord requires possession of the premises (what is the point of a tenancy agreement at all I am wondering?)
is utter rubbish - a fixed term is a .. fixed term. The Housing Act is very clear on this, if you grant an AST then the LL cannot unilaterally seek possession before then end of the fixed term. He cannot arbitrarily give 2 months notice

He has also changed the agreed break clause to

"Special Clause: The tenant may bring the tenancy to end after 12 months of contract by giving 2 months notice in writing to the landlord" (I thought a break clause would be like going on a periodic tenancy, only 1 month's notice required.., I might as well just hand him £775 now lol).

a break clause is not covered by the Act - the notice period required to exercise it is down to you and him to agree.

There is another clause that I am wondering if it is legal:

"Forfeiture: Provided that if the rent or any part thereof shall be in arrear for fourteen days after the same shall have become due whether legally demanded or not or if there should be a breach of any of the obligations on the part of the tenant the landlord may re enter the premises or any part therof in the name of the whole and immediately thereupon the tenancy shall absolutely determine without predjudice to any other rights and remedies of the landlord." I find this clause rather alarming. He seems to be saying that he can come in the house at any time he has decided I've done something he doesn't like?????

this is completely unenforceable and would give you grounds to counter sue him for breach of quite enjoyment

so, yet another ignorant LL trying it on with their tenant

[Deleted User]

I honestly do appreciate that. Problem is, although it doesn't make sense for him to do this as I pay my rent on time etc.., he's threatening to evict me if I don't sign this new two year tenancy agreement. My initial tenancy agreement was from 15th April 2011 so since April I have been under a periodic tenancy, which was fine by me. I knew when I was ready I could move out. Hopefully in the next few months.