From AST to Periodic Tenancy

Tumbledown_Tammy

Hi

Brief history my friend signed a 6 months AST tenancy which finishes on 31st October 2012..

rent paid on time every month £550 PCM .. deposit in deposit scheme done properly. she paid £200 to Letting Agent for credit checks etc. Letting Agency was hired only on a tenant finder basis so no more dealings with LA since begining of tenancy.

Now at begining of tenancy LA said Landlord would increase rent after 6 months to £575 PCM... How does she stand there has been no communication with Landlord re this, only communication can be done by a mob phone number and he has promptly done repair to heating system when asked.

I did beg my friend not to rent this place but she went ahead and signed the tenancy...various gripes, dirty carpets, garden full of building rubble, huge stain on bedroom wall and ceiling with large crack in it due to a bad leak previous to her taking on the tenancy, no door on kitchen so cooking smells travel all round house...I took pictures dated as a precautionary thing just incase she decided to move at the end of tenancy and Landlord tried to withhold her deposit re condition of house.

She has kept house tidy, kitchen gutted as oven was filthy and doors have fallen of units...

She wishes to stay in this place as this area is fantastic, this house is the most unkempt one on the street, she keeps the garden tidy but the weed infested drive and rotten window frames and disgustingly rusty garage door makes it look bad.

Does she have to leave on 31st October or if no contact from Landlord can she just let it roll into November and then become a periodic tenancy where she only has to give Landlord a months notice.
There is a Section 21 in the Tenancy Agreement.

I think that once the winter hits and the bad central heating system fails to keep the place warm enough she will look for somewhere else but that has to be her decision and a Periodic Tenancy will work in her favour then...

Can Landlord make her sign a new AST with the hint of another credit check and admin fees or can she refuse and ask for it to be left as a Periodic Tenancy.?

T

Yorkie1

She does not have to leave on the 31 October unless she chooses to do so. A fixed term means that the T can leave at the end of the period without giving any notice.

If she does not leave on the final day, she will automatically roll onto a periodic tenancy and will stay on that, unless and until the LL issues her with a replacement tenancy.

If and when that happens, she either decides whether to sign it or not. If she decides not to sign it, then the LL can either accept that decision, or can proceed to eviction. The T can also of course give their own notice to leave too.

A rent increase can only occur in 3 ways: new tenancy, increase written into original tenancy, LL serves a notice under s.13. Text message does not suffice.

You mention the existing s.21 notice. This does not bring the tenancy to an end; it just means that, if valid, the LL has already served notice and can go to court to evict the T without further notice.

However, LLs often get s.21 notices wrong. When was this one served? Had the LL already protected the T's deposit AND given T the prescribed info about where the deposit was served? It is not valid if the deposit hasn't been protected and correct info given to the T. If it was issued at the same time as the tenancy agreement then it will not be valid.

Has the LL in fact protected the deposit? If the property has gas, is there an existing gas safety certificate?

Tumbledown_Tammy

The deposit is in DPS deposit scheme...

She signed her tenancy on May 1st 2012 in letting agents office and was given a copy landlord did not sign on that dat. 2 weeks later another copy (photocopy I presume) came to home address from L A with the Landlords signature on it...Sect 21 was in both signed agreements from begining

Deposit was taken on day of signing, receipt given. Papers from DPS arrived 5 weeks later giving details of depost scheme etc.

There is no Landlords address to send written things to and LA stated she was hired on tenant finding basis.

She does know how to contact LLord via mobile number and he is a local shop owner.

The gas safety certificate was issued 8 weeks into the tenancy agreement and dated as such..

t

G_M

Read here:

Rent increases

Ending/Renewing an AST

A S21 issued at same time as the tenancy agreement is invalid

A S21 issued before the deposit is registered and the prescribed information provided to the tenant is invalid.

Fire_Fox

Tenancy agreement starts on the day she moved in not necessarily the day it was signed.

If she needs the landlord's address she simply writes to the letting agent, they are legally obliged to supply it. If she is complaining about the state of the place or reporting breakdowns this should be done in writing: keep proof of posting/ delivery, keep copy of the letter. If it's urgent by all means telephone as well but not instead. http://www.landlordzone.co.uk/landlord's_address.htm

Get Environmental Health to look at the state of the place, they can enforce fixing anything dangerous. It may be a door is needed on that kitchen by law, depending on the layout of exits.