Renewal of AST before old one expires

FurAndFins

We moved into our new home on 24th October 2014, signed a 6 month AST and were simultaneously given a Section 21 requiring possession after 23rd April 2015 (although the accompanying letter requires possession ON 23rd April 2015). Anyway, the fixed term expired on 23rd April 2015 and became periodic as of 24th April.

Yesterday (15th May 2015) our letting agents sent us a very late renewal AST (with a £96 invoice for it) containing a plethora of mistakes, one of which is: it's dated 23rd April 2015 (the last day of the previous tenancy).

They've also sent us three Section 21 notices along with it, with no duplicates/instructions for us to sign and return (they can't therefore prove they sent them). Two of these s21s have the wrong address on them. Those two are dated 23rd April 2015 and 1st May 2015. However, the 3rd s21 has the correct address and is dated 14th April. Section 21s dated 23rd April and 1st May (wrong addresses) are asking for possession "After 24th April 2016 or after the last day of the period of your tenancy which expires next after the end of two months from the date of service of this notice to you". The s21 dated 14th April (correct address) is asking "After 22nd April 2016..." yet the accompanying letter requires possession ON 22nd April 2016.

Other mistakes: the renewal AST also asks for the first rental payment to be made on 25th March 2015 (bear in mind it's dated 23rd April 2015). I pay my rent on time every time by Standing Order, so this has already been paid.

My LAs have only just registered (9th April 2015) with a Government Redress Scheme (a legal requirement since 1st October 2014) after I reported these complete cowboys to my Local Council's Trading Standards.

So, my questions are:
1) Is the new contract legal if it's dated the last day of previous AST?
2) Can I just cross-out the date and replace with "24th April 2015"?
3) Can I cross out and correct other mistakes, then initial them?
4) Are any of the Section 21s legal?
5) Are we expected to sign the new AST and put today's date or should we 'backdate' it by signing and dating it 23rd April 2015?
6) If it's backdated, does that mean the Agent has to get Prescribed Information/other deposit docs out to us by 23rd May 2015?
7) Should I just give 1 period's notice and move, before these cowboys do some real damage?
8) Can they send me yet another s21 asking for possession after 2 periods have elapsed (if we just stay periodic) or does the original s21 (dated 24th October 2015 - asking for possession after 23rd April 2015) still stand?

Any other advice is also welcomed. Thanks in advance.

mrginge

Why not just ignore all these notices and continue on an SPT?

G_M

FurAndFins wrote: »

We moved into our new home on 24th October 2014, signed a 6 month AST and were simultaneously given a Section 21 requiring possession after 23rd April 2015 (although the accompanying letter requires possession ON 23rd April 2015). Anyway, the fixed term expired on 23rd April 2015 and became periodic as of 24th April.

Yesterday (15th May 2015) our letting agents sent us a very late renewal AST (with a £96 invoice for it) containing a plethora of mistakes, one of which is: it's dated 23rd April 2015 (the last day of the previous tenancy).

They've also sent us three Section 21 notices along with it, with no duplicates/instructions for us to sign and return (they can't therefore prove they sent them). Two of these s21s have the wrong address on them. Those two are dated 23rd April 2015 and 1st May 2015. However, the 3rd s21 has the correct address and is dated 14th April. Section 21s dated 23rd April and 1st May (wrong addresses) are asking for possession "After 24th April 2016 or after the last day of the period of your tenancy which expires next after the end of two months from the date of service of this notice to you". The s21 dated 14th April (correct address) is asking "After 22nd April 2016..." yet the accompanying letter requires possession ON 22nd April 2016.

Other mistakes: the renewal AST also asks for the first rental payment to be made on 25th March 2015 (bear in mind it's dated 23rd April 2015). I pay my rent on time every time by Standing Order, so this has already been paid.

My LAs have only just registered (9th April 2015) with a Government Redress Scheme (a legal requirement since 1st October 2014) after I reported these complete cowboys to my Local Council's Trading Standards.

So, my questions are:
1) Is the new contract legal if it's dated the last day of previous AST?
Yes, if you agree/sign it
2) Can I just cross-out the date and replace with "24th April 2015"?
yes, but the landlord/agent would need to agree/countersign it
3) Can I cross out and correct other mistakes, then initial them?
Yes, as above
4) Are any of the Section 21s legal?
original - maybe if no deposit was taken, or it had already been registered when S21 issued
the last 3 - mabe. You could contest on basis of wrong address. Court may.may not allow;
Dates: what was date served (ie received by you) and date of expiry? Is there 2 calender months between;
Note there is no requirement for tenant to sign/return a S21.
5) Are we expected to sign the new AST and put today's date or should we 'backdate' it by signing and dating it 23rd April 2015?
Either.
Ir do not return it al all - you currently have a perfectly valid SPT (see link below)
6) If it's backdated, does that mean the Agent has to get Prescribed Information/other deposit docs out to us by 23rd May 2015?
Assuming the deposit was registered & PI served back in October 2014 there is no requirement for the LL/agent to do anything
7) Should I just give 1 period's notice and move, before these cowboys do some real damage?
Do you want to move, or stay?
8) Can they send me yet another s21 asking for possession after 2 periods have elapsed (if we just stay periodic) or does the original s21 (dated 24th October 2015 - asking for possession after 23rd April 2015) still stand?
Was the original S21 valid (see deposit Qs)? If valid, it can be used.

Any other advice is also welcomed. Thanks in advance.

See

* Deposits: payment, protection and return

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

FurAndFins

Thanks guys. Well, I can certainly tell you the original s21 isn't valid then (according to your info, G_M). On the day we picked up the keys, we were handed 2x ASTs, a Section 21 Notice, EPC and Gas Safety Record all in one hand movement. We sat in the Agent's office and read the AST, signed it then I was invited over to their card machine to pay the deposit and first month's rent etc. We later received an email with, what appears to be, all the correct Prescribed Information and the certificate. We later received (via snail mail) the certificate again as a signed (by agent) hard copy.

I'm quite happy to leave it as an SPT as I hate it here and this gives me the option to jump ship when a suitable alternative comes along. We're good tenants so there's no need for them to evict us. I know full well though that LLs don't need an excuse to get rid of you. A new Section 21 and the job is done. I hate renting. It's so unfair. My current agency (not LL) suck! They haven't got a clue what they're doing. Previous LL was a trespassing nightmare.

Thanks again. N