Please help me

lloydyd

hi all, I really need some advice. Its a long story which i will try to keep short as i really dont know what to do.

We have rented our property for 2 years ending this March. Its a 5 bed but the LL has one bed, one reception and the garage "locked out" for the storage of his things. We knew this when we rented it, but the property is so large that we didnt really need the extra rooms. The LL now lives in India.

During the first term (1 year AST) we were to be "inspected" by the managing agent every 1/4. This was "ok" but the LL also used to request entry 3 or 4 times throughout the year under the guise of "wanting to get some things out of the locked rooms" although they always left empty handed after having a good look around the house.

At the start of the next term the rent went up and we negotiated down to 2 visits for the year. The LL was still coming over every 3 or 4 months under the same guise and the last time he came was in October. The agent then came over to do an official inspection in December.

2 weeks ago i get a call saying the LL wants to bring a valuer to the property as they arent sure if they are going to re rent or sell and he also wants to get something out of the rooms. I said no, ive had enough of being visited and its a real intrusion of our privacy. 5 times in one year is enough as it really wasnt nice being judged by his wife (she used to tell me that we couldnt have our furniture where we wanted it and to take some decorations off of the wall as she didnt like them there).

The next day we received our section 21 and they have given us our 2 months.

The day after that, the property has been put on right move.

Im really upset as my kids go to the local school (over the road) and we do still love the house (despite the a hole LL)

I should also mention that whenever anything needs doing, the LL will do everything possible to get out of doing it. For example the storm back in Nov, ripped our garden gate off and its STILL lying on the patio as the agent said the LL has to "wait for his insurance to kick in". As far as i can see it he has 2 breaches of the contract right there

1. to maintain & repair in a timely manner
2. To keep a valid insurance with a reputable company

Despite this, we still want to stay in this house (mad i know). I have written an email explaing why we were not happy with him coming over to check on us every few months and why we need to stay and that we should try to work out a fair visiting schedule but had no response at all. The agent seems to be taking the LL side and will not help us at all and its killing me to see my wife in tears.

I just wanted to know what else i should do in this situation.

Sorry its so long.

Thanks

lloydyd

I should add that the listing on right move is for rent not buy and the LL has put the rent up by £25 which i would pay if it meant we could stay.

19lottie82

1) Did you pay a deposit and has it been protected?
2) Are you on a fixed term ast or is it a "rolling" contract?

Basically, the LL is well within his rights to issue a S21 (as long as certain conditions are met) if you have hacked him off in anyway.

The agent is likely to side with the LL as they are working for him.

If you really want to stay my advice would be to phone the LL and ask him if you can come to some sort of agreement re the rent and access visits, in order for another fixed term AST of 12 months.

As I said as long as he has done things correctly, he is within his rights to issue a S21, so all you can do is appeal to his good nature and convince him to let you stay.

Really though he sounds like a right PITA, can you not start looking for something else? Is this house worth all the hassle that you have listed?

I would forget about what you consider to be breaches of contract, these have nothing to do with this situation and even if they are valid, will be practically impossible to enforce.

[Deleted User]

The long and short of it is that if a landlord wishes to evict a tenant it's a question of when not if, and digging your heels in just makes the process worse for everyone. If your landlord has chosen to sell up then your only hope is that a person looking to let purchases the property with you inside... which isn't impossible, but isn't the most likely scenario, especially if your landlord isn't seeking out such a buyer.

The agent works for the landlord, not you, unfortunately you poked the hornets nest so to speak and the landlord is exercising their right to get rid of the property (and the hassle associated with it) and it's going to be impossible for you to stop this happening. Agents have absolutely no incentive to "help" tenants, in fact it can be more profitable for agents to have a constant tenant turn over if a property is attractive enough -- more fees!

The breach of contract by the way is insignificant and won't buy you any leverage, you might find some leverage in a potential deposit snafu -- was your deposit protected and was the prescribed information served to you within 21 days? -- but even that will at worst cost your landlord a few thousand pounds and a few months of eviction delays.

Your best bet is to just accept that this is it and start looking for somewhere else. The unfortunate side of renting.

Guest101

Ok, I've read what u say. So now read this.

The LLs breach of contract, forget it. Means nothing. U could repair the gate and deduct the rent in theory, but pointless.

So was your deposit protected? Did you receive the prescribed information( terms and conditions? )

What date is set on the s21?

Are you currently in fixed term? It sounds like u are but maybe not.

You're right that you can refuse entry and I would continue to do so. However you will be moving, either in 2 months or in 6. The LL has decided not to do business with you anymore. Now we can make sure this is done correctly, however you will be moving. It's best to accept that.

The LL does sound like abit of a nightmare, but that's their business.

The LA will not help u, the LL is paying them to find a new tenant, that's what they'll do

MSaxp

I feel for you and your family. Unfortunately this is the reality of things. the property is owned by the landlord. You sign an agreement with him for a given minimum term and you agree to exactly that. There is nothing that can force you to stay after that expires and nothing to force the landlord to extend it.

The same applies to the 'fair visiting schedule'. what is fair to you might not be fair to him and vice versa. In reality, he can ask for anything he wants, but you have no obligation to allow any visits for any reason other than urgent repairs.

The agent works for the landlord, so he is not to be considered a mediator.

Bear in mind that a section 21 has to be very precise and its very common to get it wrong. It also does not end the tenancy and has to be actioned in a court, in order to get posession of the property.

I think you have 2 options:

1) find a new place to live (probably better in the long run)
2) Reach a new agreement with the landlord. Rent increase, agreement with regards to visits, new fixed term etc.

lloydyd

Thanks for the replies. I have checked the S21 and it all seems to tally up sadly with dates and correct details.... The deposit is protected with a scheme. My current AST comes to a natural end on the 29th March and the notice was served with a date of the 29th January. My rent is paid on the 1st of the month.

Its seems so unfair that the law always sides with the LL and not the tenant. He has breached the contract but i know this wont make any difference to this situation. He has probably also breach the "quiet enjoyment" clause too but as you have all said, it now doesnt make any odds.

While im here, we have been looking at other places but the "fees" the agencies are now charging for referancing (Ive been told around £300 is quite normal these days) is just mental.

Ive never been charged more than £75 and as im the only person who will be paying for everything it seems nonsence that they want to referance my wife as well. To my mind she will only be a permitted tenant and i will be the lead.

Do any of you have any idea if we should stand firm with these agencies on this and call it a show stopper or is it just something i have to accept?

some of my friends in the business have said this "fee" should always been negotiable and an agent would rather rent the house and lower the fees than lose the rental?

thanks again

[Deleted User]

lloydyd wrote: »

Its seems so unfair that the law always sides with the LL and not the tenant.

What particularly in your situation is unfair?

lloydyd wrote: »

Do any of you have any idea if we should stand firm with these agencies on this and call it a show stopper or is it just something i have to accept?

some of my friends in the business have said this "fee" should always been negotiable and an agent would rather rent the house and lower the fees than lose the rental?

I believe they're illegal in Scotland but there's no law against the fees in England, which unfortunately means you are indeed going to just have to accept it unless you can negotiate them down. Negotiating is plausible, depends on the individual agent and the demand for property in your area. Worth a try either way.

lloydyd

citricsquid wrote: »

What particularly in your situation is unfair?

What i find unfair is the fact that essentially we are good tenants and have not missed a rent, caused issue or anything noteworthy and yet the LL has been a pain in the rear and he can just throw us out and re rent the property.

I know its his house, but still, its just not a fair situation to find myself in.

You figure, that if you play by the rules and be a good boy that you would get some kind of consideration.

19lottie82

lloydyd wrote: »

Do any of you have any idea if we should stand firm with these agencies on this and call it a show stopper or is it just something i have to accept?

some of my friends in the business have said this "fee" should always been negotiable and an agent would rather rent the house and lower the fees than lose the rental?

thanks again

You can ask, but I certainly wouldn't expect.

If they do agree to a reduction in fees, think it all comes down to how in demand the property is. If they are confident someone else will be more than willing to take on the property (and the fees), then they will not be likely to negotiate.

It all comes down to business and supply and demand, not really "standing tall" I'm afraid.

Have you looked for private rentals? This will reduce any fees.

19lottie82

lloydyd wrote: »

What i find unfair is the fact that essentially we are good tenants and have not missed a rent, caused issue or anything noteworthy and yet the LL has been a pain in the rear and he can just throw us out and re rent the property.

I know its his house, but still, its just not a fair situation to find myself in.

You figure, that if you play by the rules and be a good boy that you would get some kind of consideration.

Yes, I feel your pain but this is always a peril of private renting I'm afraid.