Giving Notice Problem

Fire_Fox

Jadekr wrote: »

I am mrbreckles partner who also lives in the property.

There was a very detailed inventory completed by the agent when we rented the house in December 2011.

What I wish to know is if our original AST has ended which it did on 28/12/12 and automatically changed to a SPT does the landlord have the right to increase the rent? As she sent us a text informing us that she would be not using the services of the agent any longer and from that date we have paid the new increased rent directly into the landlords bank account. Does this mean that any agreements are still valid even though the agency and rental costs have changed?
Again we signed no agreements or had nothing in writing.

So agent knew what they were doing, landlord does not, agent now out of picture, interesting. Presumably your damage deposit is lodged in one of the three schemes and you received the prescribed information then?

You should not have been texted that is unprofessional, you should have had it in writing or verbally agreed it between you. Nevertheless you have probably legally accepted the new rent by paying it, if you had not something would have had to be in the AST or you would have had to be served notice.
http://www.landlordzone.co.uk/legal/tenancies-residential/rent-increase.htm

Your existing AST - normally a contract between you and landlord directly - has rolled onto an SPT. It still valid until either you sign a new one or the tenancy is properly terminated (notice served by either side AND tenant moves out), you just have varied it verbally with the new rent. Not sure what you mean about agency costs, they are nothing to do with you as tenants, the contract there is (was) between landlord and agent.

Jadekr

Fire_Fox wrote: »

So agent knew what they were doing, landlord does not, agent now out of picture, interesting. Presumably your damage deposit is lodged in one of the three schemes and you received the prescribed information then?

You should not have been texted that is unprofessional, you should have had it in writing or verbally agreed it between you. Nevertheless you have probably legally accepted the new rent by paying it, if you had not something would have had to be in the AST or you would have had to be served notice.


Your existing AST - normally a contract between you and landlord directly - has rolled onto an SPT. It still valid until either you sign a new one or the tenancy is properly terminated (notice served by either side AND tenant moves out), you just have varied it verbally with the new rent. Not sure what you mean about agency costs, they are nothing to do with you as tenants, the contract there is (was) between landlord and agent.

Yes our deposit is in the deposit protection scheme.

Sorry I didn't mean agency costs, I meant the rent.

I wish we'd have known we didn't have to agree to the new rental fee then, but you live and learn! I would just like to be rid of the LL as they have been less than fair over the course of the tenancy for example the agent informed us we would have use of the garage to which on the day of signing the agreements the LL informed us we couldn't use it. LL has also kept the majority of loft space even after agreeing to remove their belongings. The gas system is also condemned as the emergency switch off point is unreachable, this was due to be changed in December last year however it has not been done leaving us with a hole in our living room wall where the existing vent had been removed by the gas engineers.

DRP

Jadekr wrote: »

Yes our deposit is in the deposit protection scheme.

Sorry I didn't mean agency costs, I meant the rent.

I wish we'd have known we didn't have to agree to the new rental fee then, but you live and learn! I would just like to be rid of the LL as they have been less than fair over the course of the tenancy for example the agent informed us we would have use of the garage to which on the day of signing the agreements the LL informed us we couldn't use it. LL has also kept the majority of loft space even after agreeing to remove their belongings. The gas system is also condemned as the emergency switch off point is unreachable, this was due to be changed in December last year however it has not been done leaving us with a hole in our living room wall where the existing vent had been removed by the gas engineers.

It sounds like the LL is a bit of a PITA.

If I was you I'd make absolutely sure the place is spotless when you leave as no doubt he'll try to fleece you for your deposit.

Also get *EVERYTHING* in writing - as demonstrated in this thread, texts and conversations don't mean a lot!

murrayfan_2

I would accept the new house, write to the existing landlord, including all (printed) copies of relevant e-mails, and say that as required by the landlord, you are moving out by their instruction. I would also inform them that you will not be paying any more rent after March 28th as it was they who told you to leave.

When you go, clean the place thoroughly and take dated photographs or a video on the day, and make sure you get your deposit back. The landlord is getting what they want - the house back, in good condition at reasonably short notice, as far as I see it they don't have a leg to stand on if they start threatening you with further costs.

G_M

The landlord did NOT have the right to increase the rent by text, immediately, and backdatd.

However, by paying it, you have agreed to it! So legally yes, now that is the new agreed rent.

See Rent increases (how and when can rent be changed)

As for giving you notice, or you giving them notice, again I refer you to Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

Your best chance is to negotiate. ANYthing is possible as long as both sides agree (get it in writing).

When negotiating you might want to remember (and remind the LL!) of all the laws he has broken:

* Deposite not registered - penalty 3 times deposit (too late to register and avoid the penalty now)
* boiler condemned (can be reported to Health and Safety, or Environmental Health)
* tax - I bet they are not paying it! You can report tax fraud here.

murrayfan_2

^ the OP said that the deposit IS protected.

murrayfan_2

I've been in a similar situation. Our (then) landlords asked us to leave a property, move into another one of theirs whilst they had work done on ours, then move back to ours!. This was remedial work due to extensive damp in the property which they told us had been sorted before we moved in.

We refused because my husband is disabled and it would have been too stressful to move twice in 2 months. We said we'd happily move to their other property and stay there (not move back to the first) if they matched the rent (it was dearer, I forget by how much, less than a hundred a month), which they refused to do.

In the end they had to agree to us leaving early because the house was assessed as unfit to live in because of the damp (no sign of it when we moved in, within 2 months it was terrible). By this time we'd spoken to the next door neighbour who informed us that the last family had moved out for the same reason after their asthmatic son was hospitalised due to the damp. The landlords had basically cleaned the place up and painted it in between.

Anyway, the LLs handled it all very badly and only ever put things in writing because I e-mailed them, I refused to discuss things just on the phone as they wanted to do. They knew damn well they'd been irresponsible, so when we moved out and told them we wouldn't be paying the last 2 months' rent, they put up and shut up. They tried to get their revenge by witholding the deposit, but as they hadn't taken dated photos or made a proper inventory, they also lost out on that one. I cleaned the place as best I could (around the mould) before moving out, but they got a new agent to come in and try to say that various rooms had been 'poorly redecorated' - it was the landlords who'd decorated them!. Thank god for protected deposits and mediation services.

G_M

murrayfan wrote: »

^ the OP said that the deposit IS protected.

Oops! Cheers. Didn't re-read the thread and confused with a different poster.

RAS

have you checked whether an S21 was issued when the tenancy was signed as this is quite common.

If no valid S21 has been issued you have the option of declining the new property and then waiting until the end of April to alert the LL to their problem. So you can stay until July 27 before the LL can even start legal action to get you out.

In May, make it absolutely plain to the LL that you will move earlier IF and only if they allow you to leave at very short notice, if required. Get that agreement in writing before you book any alternative accommodation.

Jadekr

RAS wrote: »

have you checked whether an S21 was issued when the tenancy was signed as this is quite common.

If no valid S21 has been issued you have the option of declining the new property and then waiting until the end of April to alert the LL to their problem. So you can stay until July 27 before the LL can even start legal action to get you out.

In May, make it absolutely plain to the LL that you will move earlier IF and only if they allow you to leave at very short notice, if required. Get that agreement in writing before you book any alternative accommodation.

Yes we thought this may be our best card to play at this moment. We were just hoping for a quicker solution as its been a very time consuming and stressful process trying to find somewhere over the past two months!