House inspection on rented house or 24 hour notice to move out.

ComputeAngel

lovinituk wrote: »

That's not quite right! It depends on the type of tenancy and how long is left.

Can you please give any example where a landlord, estate agent can end the "tenancy".

In both periodic and AST tenancy only tenant or court can end IMHO.

elsien

Sweet_Potato wrote: »

They are fine to reschedule the day but will charge me a penalty for it. I said I will not pay a penalty for rescheduling, they then said if we dont pay the penalty or allow them to visit by themselves if we are not in then they will use another section of the contract where they can give us a 24 hour notice to move out.

Assuming you have a copy of the contract, what does it actually say about penalties etc (if anything)?

Out,_Vile_Jelly

Do you have the name and address of your landlord? You should consider writing to them and describing their agent's behaviour.There's no need for inspections this often- and they are probably being charged for it. Most LLs are horrified when they learn the rubbish that agents spout in order to charge both parties.

If they are coming up with utter nonsense such as threatening you with 24 hour notice eviction, then you should only communicate with them in writing from now on.

lovinituk

ComputeAngel wrote: »

Can you please give any example where a landlord, estate agent can end the "tenancy".

In both periodic and AST tenancy only tenant or court can end IMHO.

A landlord can end a periodic tenancy by giving the required period of notice.

Can you give an example of where a tenant can end a AST prior to it reaching the end of a the defined period and becoming a periodic tenancy?

RAS

Sweet_Potato wrote: »

Hi there, thanks for all the replies.

Just to clear a few things up. The notice of inspection is fine, its on the 15th and i received the letter today, so plenty of notice but not convenient and hence I asked to reschedule to another date.

They are fine to reschedule the day but will charge me a penalty for it. I said I will not pay a penalty for rescheduling, they then said if we dont pay the penalty or allow them to visit by themselves if we are not in then they will use another section of the contract where they can give us a 24 hour notice to move out.

Basically I just need to know whats legal or not and what evidence I can use to make them see sense.

thanks.

Hi

Can we start at the beginning?

England, Wales, Scotland or NI as the laws are different?

Fixed term or periodic tenancy.

Regardless, ring up the person who spoke to you and ask if you can please confirm what they said? Tell them you are recoding the call (preferably do so) and if they repeat the same, ask them to put it in writing because you will ignore it until you have their advice in writing.

SerialRenter

lovinituk wrote: »

A landlord can end a periodic tenancy by giving the required period of notice.

Can you give an example of where a tenant can end a AST prior to it reaching the end of a the defined period and becoming a periodic tenancy?

Untrue.

A landlord can issue a notice to seek possession. Which means they'll be asking a court to end the tenancy.

Hence, only a court or tenant can end a tenancy.

A tenant can end a tenancy by issuing notice outside of the fixed term, leaving on the last day of the AST (no notice needed) or by mutually agreeing to surrender the tenancy with the landlord.

benjus

lovinituk wrote: »

A landlord can end a periodic tenancy by giving the required period of notice.

Giving notice doesn't end the tenancy, it merely establishes that the LL wants possession of the property. The tenant can then either:

• Leave the property when instructed to do so in the notice
• Ignore the notice and remain in the property, forcing the landlord to use the courts to obtain possession.

Both of these end the tenancy.

lovinituk wrote: »

Can you give an example of where a tenant can end a AST prior to it reaching the end of a the defined period and becoming a periodic tenancy?

I don't think anyone has claimed that a tenant can end the tenancy whenever they wish.

lovinituk

Fair points taken.

theartfullodger

A tenant or a landlord can give notice to end a tenancy with 24hr or.. 3 minutes or...3 months notice: It usually has no legal effect: But the other party (landlord or tenant) could agree to accept it if they wanted to - it would then be "valid" - and the wise option would be for all to sign a "deed of surrender".

Regarding how a landlord can end a tenancy see HA 1988 S5
http://www.legislation.gov.uk/ukpga/1988/50/section/5

5 Security of tenure.

(1) An assured tenancy cannot be brought to an end by the landlord except by—

(a) obtaining—
(i) an order of the court for possession of the dwelling-house under section 7 or 21, and
(ii) the execution of the order,

(b) obtaining an order of the court under section 6A (demotion order), or

(c) in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power,

and, accordingly, the service by the landlord of a notice to quit is of no effect in relation to a periodic assured tenancy.

(1A) Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.

etc etc etc...

(An AST is but a special sort of Assured Tenancy..s7 is about s8 notices)

Clause 5(1)(c) " in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power " - means a break clause I guess: Anyone else??

thesaint

Have the agents found cause for concern during previous inspections?
I don't think quarterly inspections would be necessary for tenants that have been in the property for 4-5 years.

I would flat out tell them that you won't be paying any charge for rescheduling, and then await their 24 hour notice for the giggles.