Rental notice period

golie

If you are a good tenant as you say you are and have paid your rent on time and looked after the property in a tenant like manner, then I think you are been treated very badly by this LA. It is LA’s like this that gives the PRS a bad name and they should be put out of business.

There are several things you can do about this situation.

• The two months notice is probably an unfair term in the tenancy agreement as the law says that a tenant only needs to give one months notice. I don’t believe that the two months notice would stand up in court. Been a couple hours late with your notice probably would not stand up in court either. I been in court with bad tenants several times and the judge is nearly always on the side of the tenant. Report this tenancy to the CAB and Trading Standards and see what they say. .

• Has your deposit been dealt with correctly? Was it protected in the correct time frame as required by law and was the TDS cert. and prescribed forms issued to you in the correct time frame as required by law. If it was not you can claim up to three times your deposit from the landlord. When the fixed term ended was your deposit secured again and the correct paperwork issued to you in the correct time again as the law required. If it was not you could claim another three times your deposit from the landlord as there are two separate tenancies. Ask the LA for the LL name and address ( LA must by law give you this information and the address cannot be the LA office or get it from the land registry) write to the LL and see what he has to say.

• If you have to pay rent for the extra notice period do not hand back the keys as you will be responsible for the property up to the end of the rental period. Under you right in law to “peaceful enjoyment” of the property you can inform the LA that you will not allow any viewings to be carried out during the notice period. If he enters the property without your permission he will be trespassing and this is harassment which is illegal and a criminal offence. If he changes the locks this would be illegal eviction. Inform him that you will inform the police and the council and will seek compensation for breach of your privacy. Never mind what it says in the tenancy agreement he can only enter the property in an emergency or with your agreement and carrying out viewings is NOT AN EMERGENCY.
• Before you hand back the keys make sure the property is in the same condition as when you moved in allowing for fair wear and tare. Take photos and video it in detail and have an independent witness check it with you. Also get the LA to check it and only hand the keys back to the LA at the property. That way he cannot say he did not check the property.
• Ask the LA which PROPERTY REDRESS SCHEME he is a member of. If he does not give you the details phone the council and inform them that he refused to give you the details. As of the 1st of October 2014 all LA. must be members of a scheme or they are breaking the law and could be find £2000.00. If you get the details of the scheme write to them and complain about the way this LA has treated you and again you may be able to claim compensation.

For more help and first class advice go to the following web site. landlord referencing.co.uk. and post your original question and you will get answers from some of the best landlords and letting agents in the PRS.
On the home page, click on “FORUM” and on the drop down menu click on “PROPERTY FORUM” and you can add your question as a guest you will be very welcome. Please tell all the LL and LA you know about this site.
I wish you all the best in your new home and please post on Landlordreferencing.co.uk how you get on as it may help other LA,s and LL,s to TREAT DECENT TENANTS BETTER.

kinger101

golie wrote: »

If you are a good tenant as you say you are and have paid your rent on time and looked after the property in a tenant like manner, then I think you are been treated very badly by this LA. It is LA’s like this that gives the PRS a bad name and they should be put out of business.


If you're a good tenant, you stick to the terms of the contract. Including giving the required notice. No poit blaming the LA. It's up to the LL whether they waive the notice period.


There are several things you can do about this situation.

• The two months notice is probably an unfair term in the tenancy agreement as the law says that a tenant only needs to give one months notice. I don’t believe that the two months notice would stand up in court. Been a couple hours late with your notice probably would not stand up in court either. I been in court with bad tenants several times and the judge is nearly always on the side of the tenant. Report this tenancy to the CAB and Trading Standards and see what they say. .

It's probably not an unfair term. It is twice as long as for SPT, but it's much shorter than a new fixed term.

• Has your deposit been dealt with correctly? Was it protected in the correct time frame as required by law and was the TDS cert. and prescribed forms issued to you in the correct time frame as required by law. If it was not you can claim up to three times your deposit from the landlord. When the fixed term ended was your deposit secured again and the correct paperwork issued to you in the correct time again as the law required. If it was not you could claim another three times your deposit from the landlord as there are two separate tenancies. Ask the LA for the LL name and address ( LA must by law give you this information and the address cannot be the LA office or get it from the land registry) write to the LL and see what he has to say.

That old chestnut.

• If you have to pay rent for the extra notice period do not hand back the keys as you will be responsible for the property up to the end of the rental period. Under you right in law to “peaceful enjoyment” of the property you can inform the LA that you will not allow any viewings to be carried out during the notice period. If he enters the property without your permission he will be trespassing and this is harassment which is illegal and a criminal offence. If he changes the locks this would be illegal eviction. Inform him that you will inform the police and the council and will seek compensation for breach of your privacy. Never mind what it says in the tenancy agreement he can only enter the property in an emergency or with your agreement and carrying out viewings is NOT AN EMERGENCY.
  
  The LL cannot charge rent if the property once the property has been let to someone else. So it's not in OP's interest to be obstructive in finding a new tenant.
  
  
• Before you hand back the keys make sure the property is in the same condition as when you moved in allowing for fair wear and tare. Take photos and video it in detail and have an independent witness check it with you. Also get the LA to check it and only hand the keys back to the LA at the property. That way he cannot say he did not check the property.
• Ask the LA which PROPERTY REDRESS SCHEME he is a member of. If he does not give you the details phone the council and inform them that he refused to give you the details. As of the 1st of October 2014 all LA. must be members of a scheme or they are breaking the law and could be find £2000.00. If you get the details of the scheme write to them and complain about the way this LA has treated you and again you may be able to claim compensation.

For more help and first class advice go to the following web site. landlord referencing.co.uk. and post your original question and you will get answers from some of the best landlords and letting agents in the PRS.
On the home page, click on “FORUM” and on the drop down menu click on “PROPERTY FORUM” and you can add your question as a guest you will be very welcome. Please tell all the LL and LA you know about this site.
I wish you all the best in your new home and please post on Landlordreferencing.co.uk how you get on as it may help other LA,s and LL,s to TREAT DECENT TENANTS BETTER.

Why do you have to be so confrontational?

AlphaGrills

Thanks for the replies. We are doing all we can to help find tenants. We've asked around our friends, really tidied up and we've also shown people round ourselves when the estate agent wasn't available. Hopefully it will work out.

golie

Why do you have to be so confrontational?[/QUOTE]

I been an LL for over 30 years and I have dealt with all sorts of tenants, but you do not treat all tenants the same, those who do the right thing need to be treated decently and those who do not need to be treated as they treat you. Decent LA,s should make allowances for tenants that do the right thing and bend the rules to help not be high and mighty as if they know all the answers. This LA is applying the letter of the tenancy which I believe is unfair and the tenant should not pay the extra rent.The agent can take the tenant to court if he is so sure his tenancy is fair.and see what a judge would say. I am just pointing out what the tenant can do. If he is such a good LA he should have no problem in re-letting the property in one month less a few hours.

theartfullodger

Welcome golie:

Some people don't seem to like ideas they dislike being aired: I quite like the idea of free speech myself...

Cheers!

kinger101

theartfullodger wrote: »

Welcome golie:

Some people don't seem to like ideas they dislike being aired: I quite like the idea of free speech myself...

Cheers!

Surely free speech includes the right to challenge ideas we dislike.