Please help me

Pixie5740

lloydyd wrote: »

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

You could try negotiating the fees down, you've got nothing to lose by giving it a go. I suppose it will depend on how buoyant the rental market is where you live. Alternatively you could find a rental property where you deal directly with the LL and cut out the middleman.

Also remember that if the LL is advertising the property to let already there is a good chance that prospective tenants will want to come and view the property whilst you are still living there. It's up to you whether to not you choose to let them in.

Pixie5740

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.

You never know the next set of tenants might be complete and utter nightmares. That won't change your current situation though.

Guest101

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.

Not being funny pal, but your married and have kids. Should probably have learnt by now, life isn't fair.

You've done nothing wrong, this person just does not want your business. That's nothing to do with fair.

One of the problems of renting, and just life

Kynthia

It is fair as during a fixed term notice cannot be served by either party (unless very certain circumstances arise that allow a S8 to be served) and once a fixed term ends both the landlord and the tenant can serve notice.

The landlord hasn't breached your 'quiet enjoyment' as you allowed access. If you refused access and he or his agents entered anyway then that would be a breach. I'm not saying the numbers of visits sounds nice but you had the right to refuse. However as you've found out the landlord also has the right to evict.

I'm sure you'll be happier somewhere else where there's less inspections/visits and you have access to all the rooms in the house. However if you don't want to move you need to negotiate and then try to get another fixed term signed for security.

G_M

lloydyd wrote: »

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.

Perfctly fair.

You agreed a 12 month fixed term so have security and protection for 12 months.

The law requires a landlord to follow a procedure, giving you ample warning if he does not wish to extend the fixed term. He has done this.

See also

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?)

As others have said, you could have refused access to the landlord at any time, but you did you. You agreed to his requests to visit, so there is no cause for complaint.

There are procedures for dealing with repairs which you do not appear to have followed, so again, no real cause for complaint.

Sorry.

I suggest you either try to discuss/negotiate with the landlord to re-build trust and get the tenancy renewed, and/or start looking for a now property to rent.

Kayalana99

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.

Life is life - were drilled into us as kids that if we do the right thing we will be rewarded but end day its all rubbish.... they just want you to be good ! As above you should of grown out of this by now - I'm not saying do what the hell you want - but its a childs way of thinking.

Personally, I'd probally just stick mouse traps in the kitchen in full view if tennants want to view...:D

If you've already tried to speak reason with agent and LL then yes - their is nothing more then to move.

Hell offer to pay £30 more if you want to try but expect to live by LL rules not your own.

Yorkie1

Kynthia wrote: »

It is fair as during a fixed term notice cannot be served by either party (unless very certain circumstances arise that allow a S8 to be served) and once a fixed term ends both the landlord and the tenant can serve notice.

This is not correct.

A LL can serve a s.21 notice at any point during the fixed term of the tenancy. However, it cannot expire until two months or the end of the fixed term, whichever comes later.

There is no need for a T to serve notice if they intend to move out at the end of the fixed term. The law automatically permits them to move out at that particular stage without giving notice (though it's courteous practice to let the LL know).

Once the fixed term has gone over onto a rolling basis, then yes - the T is bound by notice requirements.

PerpetualStudent

I really feel for you, despite the reality of life rarely being fair. All I can say is this LL sounds like a right knoblet to be treating your family home like a self storage container. You & your family deserve a property where you & the LL will treat each other with equal respect.