Renting worries - Landlord selling and multi-tenants notice

System

Need_a_name wrote: »

It was Autumn 2006 that we moved in .

In which case, provided that it was before 6 Oct 2006 then deposit does/did not need to be protected.

Reasoning behind this is that for rentals that start before 6 April 2007 the deposit only needs to be protected for any renewals of AST, new contracts or changes to contract occurring after that date. In this context of these regulations, courts have decided that changing from AST to SPT is considered to be a change of contract.

So, provided it changed to SPT before 6 April 2007 and there is/was no end date for it stipulated in your contract then no protection is required.

Need_a_name

G_M wrote: »

You really need to know if you have a single 'joint and several' agreement, or a seperate agreement each.

If joint and several, then legally you are treated as a single entity: if one of you gives notice, it binds you all. If notice is given to one of you, it is treated as having been given to you all.

If seperate agreements, then each of you must act (and be treated) independantly.

If you give notice but do not leave (or if joint & several and do not ALL leave), double rent can be charged (to all).

Landlord could have trouble selling while you are there if you are uncooperative. Even if cooperative many buyers will be put off.

Offering to be cooperative (surveys, viewings etc) could lead to mutually advantageous agreement over flexibility on notice periods, dates etc.

Thank you for this information and links - kenw I'd seen them previously but in stress of last night couldn't locate a thread they were on.

Being cooperative does seem to be the way to go re flexibility. Personally I don't fancy being here beyond 31st March anyway. Between the 3 of us (who all work different hours/shifts) should be manageable to ensure at least 1 is here when the EA does viewings after getting notice. Bad enough that photos being on their website, Zoopla, Rightmove etc. but having people walk around seeing your stuff feels uncomfortable re privacy - even if they are more focused on room sizes, house layout etc.

Not sure if makes any difference at all we only had 1 rent increase since being here - a letter in August stating rent increase from 1 October, nothing more than a basic letter. Given how much we were paying and other properties/amounts in the area had been expecting that increase for 3/4 years.

(Sorry to chop your post up G_M but I can't post with links)

Need_a_name

[QUOTE=!!!!!!;67605271
So, provided it changed to SPT before 6 April 2007 and there is/was no end date for it stipulated in your contract then no protection is required.[/QUOTE]

Not good news then really if my instinct of September 2006 is right counting forward 6 months from then:(

kinger101

Need_a_name wrote: »

It was Autumn 2006 that we moved in - I want to say September, will see for sure once located and read the paperwork this morning. I paid the deposit for all 3 of us as easier at that time (bit of a rush to secure somewhere) and I'd got access to savings. They have paid me back towards some of it - £585 of the £875 is mine. I also paid the first months rent up front for us as well as the deposit but their share has been paid back to me.

If there are any deductions then I'm the one whose has lost on out interest payments as the money otherwise would have been in an ISA. Given the length of time we've been here would be looking very closely at any potential deductions as lot of natural wear and tear would have happened. In own home - let alone one you rent out - would any normal person have a light beige carpet in halls/stairs/landing?? We've done what we can by having rugs down but thats' clearly not possible/safe on the stairs which does show thinning/a darker colour.

Reasonable wear and tear isn't allowed as a deduction under any circumstances. I'd also strongly contest any attempt to make deductions on a carpet that was at least 8 year old on the grounds that it should essentially have been written off after 10 years, and the landlord is unlikely to be replacing it with the property is going on the market - if they do replace, that would be betterment.

G_M

Need_a_name wrote: »

. I paid the deposit for all 3 of us as easier at that time (bit of a rush to secure somewhere) and I'd got access to savings. They have paid me back towards some of it - £585 of the £875 is mine. I also paid the first months rent up front for us as well as the deposit but their share has been paid back to me.

* this sounds like a single "joint and several" tenancy agreement.

I cannot imagine you would have paid the deposits and rent on 2 tenancy agreements that were not even in your name........ but I suppose it is possible.

* check the exact start date - as wugwump says, the critical date for deposit purposes is 6 Oct 2006.

Need_a_name

G_M wrote: »

* this sounds like a single "joint and several" tenancy agreement.

I cannot imagine you would have paid the deposits and rent on 2 tenancy agreements that were not even in your name........ but I suppose it is possible.

* check the exact start date - as wugwump says, the critical date for deposit purposes is 6 Oct 2006.

Not had a chance to go over full details (Being nice/cooperative and doing cleaning so EA can come to do photos at 2) but it was 1 September 2006 when moved in/got keys

The LA gets all the rent payment in one lump sum from me and I get the difference from the others minus my share of the bills (none of which are in my name because they were in names of others when moved in so was just easier to transfer over the account/direct debits for gas, electric etc.) if that info helps?

G_M

Unless you are really dumb and paying rent monthly on contracts you have no connection with, his must be a joint/several tenancy.

bills (none of which are in my name because they were in names of others when moved in so was just easier to transfer over the account/direct debits for gas, electric etc.)

Don't understand. Whose names are on the utilities? The previous tenants'?

Transferred over to who?

Need_a_name

G_M wrote: »

Unless you are really dumb and paying rent monthly on contracts you have no connection with, his must be a joint/several tenancy.

Don't understand. Whose names are on the utilities? The previous tenants'?

Transferred over to who?

The other 2 tenants I live with have names on the utilities - we were renting together before this place but all the bills there were in their name and so when moved in seemed easiest to transfer (after meter readings etc.) for example the direct debit they had with Eon from there to here.


Just looked over posts again & can't believe forgot to say this (lack of sleep since Thursday catching up on me). The other tenants are my sister and her partner (plus their child - hence the issue of potential new unfurnished properties walking distance to her school). We all moved in together originally (before this house) as they were struggling with childcare costs and I would struggle to get a place on my own so by splitting the rent and bills 3 ways we could all manage the outgoings. But now as been here so long we would be able to split-up so I can get my own place and the 3 of them can get a place on their own.

Need_a_name

Allowed photos, room measuring to go ahead this afternoon. Once agreed with LL and uploaded onto websites etc. potential is from Tuesday to get requests from the EA who will show people around, for us will be minimum 24 hour notice and at times/days when at least 1 of can/will be in the property.

EA who is also the LA said again (still nothing in writing though) that the owner apparantly totally understands the situation we are in. He will not be issuing us with notice until gets an offer from buyer and requires vacant possession. Even though each months rental period starts on 1st for my earlier calulations re notice they keep saying we will have 2 full months and any remaining days in that month before deadline ending tenancy e.g. we get informed 2 Feb the deadline would be 30 April but if we get informed 28 Feb deadline would still be 30 April. It sounds then to me might got be going down the Section 21 process? Also, if struggling to find somewhere else to live going by these dates we are better of agreeing to viewings earlier in the month rather than 28th+

Been round local LA's, registered for Rightmove etc. alerts with the aim of finding somewhere else before it gets to the notice point as don't want the uncertainty.

G_M

You could be there for years!

Need_a_name wrote: »

...
EA who is also the LA said again ...that the owner apparantly totally understands the situation we are in. He will not be issuing us with notice until gets an offer from buyer and requires vacant possession.

Many buyers will hesitate to put in offers with tenants there.
M of those prepared to so will be put off by the fact the tenants have not even been servd a S21.

...they keep saying we will have 2 full months and any remaining days in that month before deadline ending tenancy

Sounds like
i) they will use a S21 (4)(a) not a S21(1)(b)
ii) they've never heard of the Spencer V Taylor case!

and if the house is a mess and smells of old socks......