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Utilities and Tenancy question (URGENT)

24

Comments

  • N79
    N79 Posts: 2,615 Forumite
    Wywth wrote: »
    Nope, the initial term of an ASTA in this country is a minimum of 6 months. ;)

    No - the minimum initial term is one tenancy period (in this case a month). There is nothing (in principle) wrong with the 1 month fixed term tenancy then periodic agreed by the OP.

    The reason that most tenancies have a 6 month minimum is that a LL is unable to gain repossession of the property until after 6 months (except for the reasons permitted by S8 of the Housing Act 1988) so in order to ensure an equality of "rights" most tenancies also oblige a T to stay for a minimum of 6 months. However, there is no obligation for tenancies to take this form.
  • Wywth
    Wywth Posts: 5,079 Forumite
    N79 wrote: »
    No - the minimum initial term is one tenancy period (in this case a month). There is nothing (in principle) wrong with the 1 month fixed term tenancy then periodic agreed by the OP.

    The reason that most tenancies have a 6 month minimum is that a LL is unable to gain repossession of the property until after 6 months (except for the reasons permitted by S8 of the Housing Act 1988) so in order to ensure an equality of "rights" most tenancies also oblige a T to stay for a minimum of 6 months. However, there is no obligation for tenancies to take this form.

    Yes, you are entirely correct in this matter.

    Shorthold tenancies which started or were agreed before 28 February 1997 had to have an initial fixed term of at least 6 months. Shorthold tenancies starting on or after 28 February 1997 do not.

    But. despite this change and for the reasons you give, it would be pointless for any landlord to set a minimum initial term of less than 6 months. :)
  • Terrylw1
    Terrylw1 Posts: 7,038 Forumite
    There is an Assured Shorthold Tenancy Agreement unfortunately.
    A one page one.
    Its original term was one month but.
    I doubt that my ex landlord would pay taxes after me, he didn't seem to fussy about making things legal. I'm not sure however.

    Does it state you are responsible for utilities? If so, you are liable and upon seeing this, any supplier will create your account.

    The supplier will want payment so they will force the landlord to correct all this and until then, they can easily put it in the landlords name.

    Since you have an agreement, the landlord is doing this as expected. Given what you said, I just wondered if no agreement existed and the landlord was charging cash in hand and taking advantage of the possibility that you wouldn't be very aware of any relevant laws.
    :rotfl: It's better to live 1 year as a tiger than a lifetime as a worm...but then, whoever heard of a wormskin rug!!!:rotfl:
  • billquestion
    billquestion Posts: 33 Forumite
    edited 21 November 2012 at 5:10PM
    I came to the conclusion that the only way to be sure of things is to chase up my ex landlord and get a written confirmation that he confirms that I left on the 10th of June and he takes over the responsibility of paying all bills from after that date?
    He rarely even picks up the phone, not that he would sign a paper like that, I don't know.
    Anybody has a better/easier solution for my situation?
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes, send a copy of the old STA (and your new one at a different address if you have one). That will demonstrate the duration of your tenancy. Ask to be rebilled based on those dates.
    No free lunch, and no free laptop ;)
  • macman wrote: »
    Yes, send a copy of the old STA (and your new one at a different address if you have one). That will demonstrate the duration of your tenancy. Ask to be rebilled based on those dates.

    I don't have a new STA because I moved to my relatives after 10 June.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Then you'll have to rely on your old one, in the absence of any other evidence.
    No free lunch, and no free laptop ;)
  • Is it a good idea to call the city council and inquire if after the 10th of June someone had paid the council tax or not?
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You said that you paid your own council tax bill (and water bill). So the only ones to worry about would be gas/electricity and telcoms, if your ex-LL 'arranged' those.
    No free lunch, and no free laptop ;)
  • macman wrote: »
    You said that you paid your own council tax bill (and water bill). So the only ones to worry about would be gas/electricity and telcoms, if your ex-LL 'arranged' those.

    At the moment I don't have any written proof from my ex landlord that I've left the property. Take this into consideration.
    (I talk about this whole situation in another thread of mine.)
    Why did you put 'arranged' in quotation marks?
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