LA not accepting rent

twink22

Hi,

Our 18 month Tenancy agreement ended yesterday (although the agent is convinced it ended today) we have informed them and the landlord that we can't move due to our house purchase being delayed and that the s21 notice issued was incorrect. As such we have paid another months rent today, however the agent has called my husband this morning and stated that legally she can't accept our rent and wants bank details to pay it back. They have also sent an inventory clerk round to do a check out when they know we aren't leaving and are charging us for it.

I'm certain she is wrong but need the legislation that states we would move into a periodic tenancy and should continue paying rent until a court evicts us.

Thanks

G_M

Links to legislation in this post:

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?)

Did you give notice?

Why did you let the inventory clerk in? What does your tenancy agreement say, if anything, about fee for the check out inspection (not that it applies yet)

Do not provide your bank details - that could be interpreted as an implied agreement that the rent should be returned and hence an acknowledgment that the tenancy has ended.

In what way was the S21 invalid?

Even if it was valid, the tenancy would not be ended by the S21 so rent would still be due.

donfanatico

If they do not want the payment there is nothing you can do....get it in writing that they don't want rent.

Did you give notice or the AST agreement just expired? When was the S21 issued? If it is correctly issued , it is correct that only once expired the LL can apply to court for eviction, this could take another 4 weeks.

Keep the money on the side, do not spend it and pay when the situation becomes clearer.

There are a few more points here to make but someone with more experience shoud answer these.

theartfullodger

(Unless you gave notice...) stupid ignorant agent. Even if you gave notice then stupid, ignorant agent as they could insist on you paying double rent. (Distress for Rent Act 1737).

Simply carry on paying, be polite, see what these clowns do next.

I would not want to be seen to agree to no rent being paid as that changes the rules and type of tenancy you have (eg it can't be an AST any more..) so I'd keep paying, if necessary sticking cheque through letter box with a witness.

twink22

No we haven't given notice, letter written to LL last week letting him know we can't move on the last day of the tenancy and why and in it I stated 'this is not notice of us ending our tenancy' S21 is incorrect, wrong dates (dated 13th to end on the 12th, contract end date is the 11th) and unsigned. Spoke to the agent on Friday she knows that we aren't leaving, as the s21 is incorrect I am worried that by declining rent they will use s8 to evict us.

Do I just ignore all further emails and calls and await court action?

donfanatico

theartfullodger wrote: »

(Unless you gave notice...) stupid ignorant agent. Even if you gave notice then stupid, ignorant agent as they could insist on you paying double rent. (Distress for Rent Act 1737).

Simply carry on paying, be polite, see what these clowns do next.

I would not want to be seen to agree to no rent being paid as that changes the rules and type of tenancy you have (eg it can't be an AST any more..) so I'd keep paying, if necessary sticking cheque through letter box with a witness.

As far as I can see, they don't want to stay anyway just a few extra weeks...
But I agree to keep paying rent if possible somehow but if the agent does want payment, surely it would be good to get it in writing that they refuse?

donfanatico

twink22 wrote: »

No we haven't given notice, letter written to LL last week letting him know we can't move on the last day of the tenancy and why and in it I stated 'this is not notice of us ending our tenancy' S21 is incorrect, wrong dates (dated 13th to end on the 12th, contract end date is the 11th) and unsigned. Spoke to the agent on Friday she knows that we aren't leaving, as the s21 is incorrect I am worried that by declining rent they will use s8 to evict us.

Do I just ignore all further emails and calls and await court action?

they can't use S8 until 2 months in arrears. ignore them yes but keep paying rent if you can ...have you spoken to the LL at all or just the agent (i.e. was the letter send to the agent or the LL)?

Also, if the S21 was indeed incorrect, you are now in a SPT meaning you will need to give one months notice in writing.

RAS

twink

It would be better to keep to one thread so people can see the background https://forums.moneysavingexpert.com/discussion/4766425

twink22

Sort RAS, I didn't want this new development to get lost in the previous issues.

We wrote to the LL agent then called and said this was intimidating the landlord and we have to go through them not the landlord, I told her our contract is with him not them but it's like I'm banging my head against a brick wall.

ValHaller

twink22 wrote: »

Sort RAS, I didn't want this new development to get lost in the previous issues.

We wrote to the LL agent then called and said this was intimidating the landlord and we have to go through them not the landlord, I told her our contract is with him not them but it's like I'm banging my head against a brick wall.

Doing it this way, the previous relevant facts have become lost.

Who is intimidating the Landlord.? Please just sit down and collect your thoughts.

As I see it, you are now in a Statutory Periodic Tenancy and at worst you are secure until 11 December

twink22

ValHaller wrote: »

Doing it this way, the previous relevant facts have become lost.

Who is intimidating the Landlord.? Please just sit down and collect your thoughts.

As I see it, you are now in a Statutory Periodic Tenancy and at worst you are secure until 11 December

The letting agent told me this in a telephone conversation on Friday. They don't want us to contact the landlord directly as it's intimidating him.

The agent insists we are not on a statutory periodic as they have served notice, I believe we are as notice was incorrectly served. They are trying to refund our rent to us today.

I will continue to pay the rent and then it's up to them if they refund it back.

We are hoping to move very soon, contracts for our house signed, but someone in the chain is using PPL for conveyancing an they are holding everyone up. The plan was to have moved by now, but as with all best laid plans....