LL Problems Re New Tenancy Agreement

[Deleted User]

Just spoken to Shelter .., they said basically it would depend on the judge as to whether the tenancy agreement contained an unfair term. There is no guarantee he would find it to be an unfair term And if not I'd be evicted with nowhere to go. He also said housing would not have to find me homeless if I don't sign the agreement.

So.., private tenant.., AST.., no real rights. Unfortunately.

rpc

deannatrois wrote: »

Just spoken to Shelter .., they said basically it would depend on the judge as to whether the tenancy agreement contained an unfair term.

Which is strictly true. However, there are principles of contract law to be applied and this appears to break them. The only person who can definitively rule on the issue is a judge.

You could ask for identical break clauses, but that just puts you onto a poor imitation of a periodic tenancy.

He also said housing would not have to find me homeless if I don't sign the agreement.

I don't get this - you get evicted under S21, there is no reason. You wouldn't homeless because you didn't sign the agreement, you would be homeless because the landlord decided to evict you.

jjlandlord

deannatrois wrote: »

Just spoken to Shelter .., they said basically it would depend on the judge as to whether the tenancy agreement contained an unfair term. There is no guarantee he would find it to be an unfair term And if not I'd be evicted with nowhere to go.

Well yes, it's always for a judge to conclude on disputes. I don't see the relation with being evicted with nowhere to go, though.

deannatrois wrote: »

He also said housing would not have to find me homeless if I don't sign the agreement.

I persist in saying that this is incorrect, and even more in the present case whereby the proposes contract is unacceptable.

rpc

jjlandlord wrote: »

Well yes, it's always for a judge to conclude on disputes. I don't see the relation with being evicted with nowhere to go, though.

- LL uses unfair break clause to evict
- Goes to court seeking posession
- T says "clause is unfair, fixed term not ended"
- Judge disagrees and grants possession order

Of course, by then the council have a duty to house (even if they try to wiggle out of it).

[Deleted User]

Thank you.

Although to be honest, with Gravesham council / housing.., a person can take nothing for granted. Not a lot else I can do other than find somewhere else to live .., but to sign the tenancy agreement.

Going to try and get him to drop the £100 admin fee clause (as he has offered to waive it twice but its still there on the tenancy agreement and I have NO doubt he will ask for it once my signature is on there.., same thing happened last time.)

This private letting nightmare has definitely been an experience I shall never forget. Just hoping the course I am soon to start WILL lead to a job and I'll at least have a chance of improving my situation.

[Deleted User]

It gets better. Last night, our lovely Eastern European neighbours had a party, got drunk. At midnight I politely asked them to keep the noise down please. Someone came after me. I totally ignored them, the noise went down. Half an hour later, someone banged at the door, I didn't go there (not a safe thing to do) and the upper door window pane was smashed in. Both me and another neighbour called the police. Police went to the neighbours after calling on me, lots of blood in neighbouring house doorway to back alley and a few people (its a HMO) saying 'don't speak english/no idea what's happened) and followed the trail of blood to the back passageway.
Given a crime number. Reported matter to Landlord.
He makes it clear I am responsible for repairing door.
Quotes today.., I am short anyway, no way can I afford the repairs. I texted him saying that I can not afford to repair the door, could he please board it up. I said that I had had enough and I would start looking for somewhere else to live (was very very down) but would give him a full month's notice (on periodic tenancy). He's texted back saying I am responsible for door, and he will come round tonite to give me notice.

So looks like I now DO risk being on the streets with a 16 year old with ASD and a six year old. He's giving notice apparently on basis of me not signing the new tenancy agreement although it wasn't supposed to start til 15th September.

Life is as good as always.

jjlandlord

deannatrois wrote: »

He makes it clear I am responsible for repairing door.
Quotes today.., I am short anyway, no way can I afford the repairs. I texted him saying that I can not afford to repair the door, could he please board it up.

Do not say that you cannot afford the repairs, it's irrelevant and depending what you say can be seen as an admission of liability.
If he is responsible for fixing the door.

deannatrois wrote: »

He's giving notice apparently on basis of me not signing the new tenancy agreement although it wasn't supposed to start til 15th September.

He does not need a 'basis' to serve notice.

Either you give notice when you can and look for somewhere else to live.
Or you hope his notice is valid, sit tight and wait to be rehoused by council.

I would also contact the local Tenancy Relations Officer if your council has one as he might be of some help re. the door and rehousing.

[Deleted User]

I am sorry to keep bothering u with this. But I'm going to copy his texts here. I am on a periodic tenancy.., no valid S21 as I signed the original S21 notice when I signed the tenancy agreement and my deposit hadn't been protected (it was protected within 7 days.., it is still protected). No new one has been issued.., yet.

He sent texts saying:

OK I will drop my notice then. U will have to pay the door glass repair bill as you are responsible for any damage to the property. You will get 1 month notice as I cannot keep u without contract.

Followed minutes later (I sent no reply) saying
Will u be home tonight. I want to give the notice today as you are refusing to sign the new contract.

I replied saying I am not responsible for the damage to the door.

His tactics have worked.., I'm seriously concerned. I think I've made myself voluntarily homeless and if I can't find a private landlord, we are gonna be on the streets.

[Deleted User]

I am sorry to keep bothering u with this. But I'm going to copy his texts here. I am on a periodic tenancy.., no valid S21 as I signed the original S21 notice when I signed the tenancy agreement and my deposit hadn't been protected. No new one has been issued.., yet.

He sent texts saying:

OK I will drop my notice then. U will have to pay the door glass repair bill as you are responsible for any damage to the property. You will get 1 month notice as I cannot keep u without contract.

Followed minutes later (I sent no reply) saying
Will u be home tonight. I want to give the notice today as you are refusing to sign the new contract.

I replied saying I am not responsible for the damage to the door.

His tactics have worked.., I'm seriously concerned. I think I've made myself voluntarily homeless and if I can't find a private landlord, we are gonna be on the streets. As far as I was aware, he had to give two month's notice in a periodic tenancy not one but I've found so much of what I had been assured were 'tenants rights' to not be so in reality, this might not be true too.

I have tried to negotiate a reasonable contract with him but he's still insistent we have to pay for the door repair, and repair the ceiling, and I have to sign the tenancy agreement to stay in the house.

I saw housing yesterday, they told me he had 'every right to expect me to sign a tenancy agreement' and that he could put in the break clause saying that even during the fixed period, he can give me two months written notice. Shelter have confirmed that this is so to a degree.., in that I'd have to sign the tenancy agreement, then have him try to evict me and wait on the decision of the judge as to whether the break clause was legal or not. And that it was entirely the decision of the judge.

Update: I have now written an email to my local trading standards office in hope that they can advise me.

korky69

I know its your home, but due to your health/family issues, don't you think it would be better channeling your efforts into finding a new place to live? sounds like a horrible landlord anyway.
not sure what £775 pm gets you there, is it cheap for the area?
i speak from experience, don't sign anything until you are 100% certain and more importantly, happy with it.