LL Problems Re New Tenancy Agreement

jamie11

deannatrois wrote: »

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.

If you intend to move soon then DO NOT tie yourself into a 2 year contract, especially if there is a badly written break clause.

jjlandlord

00ec25 wrote: »

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

This is not rubbish: This is a break clause that in effect cancels out any fixed term.
Through a break clause the landlord may indeed arbitrarily give notice (even less than 2 month) to the effect of ending the tenancy. But, as per the Housing Act, a Statutory Periodic Tenancy will arise if the tenant does not vacate.

The issue here is that the tenant's break clause is much more restrictive than the landlord's, hence there probably is a case to argue that the landlord's break clause is an unfair term (and thus void).

00ec25 wrote: »

"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

This is a standard clause that should be included in all decent tenancy agreements.
It is valid and enforceable but only is special cases, if the tenancy ceases to be an AST, e.g. if the tenant moves out and disappear.
OP can safely ignore it.

[Deleted User]

Thank u jjlandlord.

So if I sign, repair the children's ceiling as he wants.., he may be able to still give me two month's notice at any time in the supposed fixed period.., although a judge may decide that this is an unfair clause in the tenancy agreement (but no guarantee of that).

Sick of this kind of thing. Keeping up with this landlord is like trying to chase a bouncing ball in a hurricane. But no doubt, housing won't help if I refuse to sign

I have made an appointment with my local branch of shelter but its not for a month. Reckon I will have landlord trying to pressure me into signing the agreement before then..

[Deleted User]

The landlord is pressing me re the Tenancy Agreement. I have written the following letter and would appreciate your comments. I was actually in hospital last week (I have heart problems) because of the stress so need to resolve this but without walking open eyed into a fire.

Re: Tenancy Agreement for XXX

We have had several discussions about the proposed new tenancy agreement for XXX. I will summarise the main agreements made during these meetings.
You came round to do an inspection on 19th July where you were happy with the completed refit of the bathroom. You looked in the second bedroom. I stated again that the bedroom was very cold and draughty and needed insulating. You said I should remove the ceiling tiles and you would send two men round and make a hole in the ceiling and see what could be done. No date was set.

You said that you wished to put the rent up by £25 a month from £750 per calendar month to £775. This would be a 2 year fixed term tenancy, with no further rent increases during the two years. I was not happy about this. You initially hoped for a decision that night, I said I needed some time to think about it.

On 23rd July you texted to ask 'what is your verdict'. I replied on 26th July to say I could not rush this decision and as the new tenancy was not due to start until 15th September, I requested that I be allowed time to make an informed decision. You replied sating that you felt the rent increase was minimal after 18 months with a 2 year further contract/term. You said you would issue a S21 notice 'with a view that I would not be staying'.

On 28th July, we met again to discuss the situation. You said that you would issue a tenancy agreement with a break clause after one year, restated the rent increase of £25 per calendar month, restated that the rent would not increase again during the two year term. You stated that you would waive the administration fee. You suggested that the administration fee was necessary so you could 'run' the tenancy agreement by your solicitor. I suggested that as only a date change was needed, I was surprised that this was necessary but was happy the admin fee was being waived. I did state plainly that after all the stress caused by the situation, and the realisation that my tenancy was less permanent than I thought, I was no longer prepared to put any money into repairing the property. You acknowledged this. I said that under these conditions I would be prepared to sign a two year tenancy agreement, subject to reading the actual agreement.

On 18th August you came round with Gas Safe to do a gas safety check. I did not attend as I was unwell, but xxx did. Once this had been done, you went upstairs, xxx showed you the bedroom ceiling that I had now removed the polystyrene tiles from, saw the damp patch and proposed to him that if I repaired the ceiling and insulated the roof, you would waive the admin fee. xxx pointed out that decisions like that were nothing to do with him, you need to talk to me, the tenant.

You also dropped off the tenancy agreements. After reading the document, I have a number of concerns:
1) The admin fee keeps being waived verbally for different reasons but actually is still mentioned as being due in clause 6 of the tenancy agreement.
2) Clause 2 mentions that you as "the Landlord may bring the tenancy to an end at any time before the expiry of the term by giving the tenant not less than two months written notice". Yet I am supposed to sign the agreement for two years, with a break clause after one year. This is, I believe an 'unfair term' and subject to Unfair terms in consumer contracts regulations 1999 (see http://www.inea.co.uk/Lettings/Unfair_Terms_in_Tenancy_Agreements_for_Tenants-40DF4E7.aspx). There are also references to 'unfair repairs' in this article. I believe that expecting me to pay for and carry out the work insulating the second bedroom and repairing the ceiling is covered by this term.
3) I am also not sure of the implications of the forfeiture clause.
I have made an appointment with Shelter in Chatham for 20th September (it was the earliest appointment I could get) to discuss the tenancy agreement with them.
Until then, I can not sign the tenancy agreement. I will increase the rent payment to £775 from 15th September but until my concerns are resolved, I would be irresponsible to sign the tenancy agreement.

[Deleted User]

Just been to my local housing department. They tell me my LL can remove me from the house providing he gives two months notice.., regardless of whether I am under a fixed term tenancy. I talked about the unfair terms - he just said I'd have to see a solicitor.

It seems whatever the law may say.., tenants have no rights in reality. That's why my LL is doing this, with perfect assurance that he can (I received another text last night saying exactly that).

embob74

deannatrois wrote: »

Until then, I can not sign the tenancy agreement. I will increase the rent payment to £775 from 15th September but until my concerns are resolved, I would be irresponsible to sign the tenancy agreement.

Have you received a request for the rent increase in writing? I would wait until the LL does so - you will probably have to pay it in the end but the money is better in your pocket for the next couple of months!

It does seem private renters have very little rights. I guess you should start looking around for another place to rent although hopefully the LL will realise he has a good tenant and will want to hang onto you!

[Deleted User]

I've received the new tenancy agreement, which he is pressurising me to sign (and its seems I have to, housing also said he had every right to expect a tenancy agreement to be signed) with the new rent charge on it. It starts mid September.

jjlandlord

deannatrois wrote: »

They tell me my LL can remove me from the house providing he gives two months notice.., regardless of whether I am under a fixed term tenancy.

That's incorrect. If you have a fixed term tenancy, the landlord cannot evict you during the term as long as you do not seriously breach the contract.

deannatrois wrote: »

which he is pressurising me to sign (and its seems I have to, housing also said he had every right to expect a tenancy agreement to be signed)

No you don't have to, and no he has no right to expect you to sign any tenancy agreement he might choose to draft.

I would stop asking you local housing dept. any advice on housing and contract law as they seem rather incompetent to provide any.

[Deleted User]

Problem is.., if LL tries to evict me, I would have to go to housing for help. They're not going to help if they regard me as making myself intentionally homeless because I won't sign the tenancy agreement. And right or wrong, they see nothing wrong with the tenancy agreement.

But of course, its not in their interests to see anything wrong with the tenancy agreement. If they do.., they're opening their doors to more people requiring social housing. Easier to deny those rights exist.

If only there was a way to do this.., but I can't see how without risking ending up on the streets with my two children. Or the stress getting to me again and me ending up in hospital again (I have cardiac problems). And that's how this system continues to exist.

jjlandlord

deannatrois wrote: »

They're not going to help if they regard me as making myself intentionally homeless because I won't sign the tenancy agreement.

I don't see how they could ever regard you as making yourself intentionally homeless because you refused to sign up for a new fixed term.
As you say, they may be trying to keep away from them, but that does not mean anything they say is correct.
It is quite scandalous that they suggest otherwise, actually.