Changing tenancy period

Hanger_Queen

My husband and I have rented the house in which we live for the last 3.5 years. Last October the landlord split ways with the letting agent. This was due to him relocating 200 miles away and he didn't want the costs. We agreed to sign a tenancy renewal for 1 year last November on the basis he would carry on being the dutiful landlord ie: repairs to be completed etc.
We are approaching the tenancy end and he has setn a contract tenancy renewal through the post for us to sign for another year. We are not happy to do this for an array of reasons most importantly that he has not kept to his end of the deal. We have had 2 repair jops outstanding for 5 weeks and upon me sending photos of a penetrating damp issue he has clearly stated he has no intention to remedy it. It is an old property and the damp proofing is a mess. Paintwork in the house is delapidated and looks horrid.
He is a strict landlord and has never allowed us to decorate.

My question is this.. Can we send the contract back to him stating that we wish it to be changed to 6 months instead of 12? Even if he has signed his 'copy'?
Of course if a better property comes along in a few months we may well be tempted to relocate but I don't want the landlord to have any ammo as such to give us notice in the Spring.

Thanks in advance.

Guest101

Hanger_Queen wrote: »

My husband and I have rented the house in which we live for the last 3.5 years. Last October the landlord split ways with the letting agent. This was due to him relocating 200 miles away and he didn't want the costs. We agreed to sign a tenancy renewal for 1 year last November on the basis he would carry on being the dutiful landlord ie: repairs to be completed etc.
We are approaching the tenancy end and he has setn a contract tenancy renewal through the post for us to sign for another year. We are not happy to do this for an array of reasons most importantly that he has not kept to his end of the deal. We have had 2 repair jops outstanding for 5 weeks and upon me sending photos of a penetrating damp issue he has clearly stated he has no intention to remedy it. It is an old property and the damp proofing is a mess. Paintwork in the house is delapidated and looks horrid.
He is a strict landlord and has never allowed us to decorate.

My question is this.. Can we send the contract back to him stating that we wish it to be changed to 6 months instead of 12? Even if he has signed his 'copy'?
Of course if a better property comes along in a few months we may well be tempted to relocate but I don't want the landlord to have any ammo as such to give us notice in the Spring.

Thanks in advance.

1: Sign nothing, return nothing.

You will move onto a monthly contract (Statutory Periodic Tenancy) - the LL will have to give you 2 months notice if he wants to evict.


2: You can negotiate as you suggested and offer 3,6,12 (or any) number of months


3: You agree


Those are your options

G_M

Hanger_Queen wrote: »

My husband and I have rented the house in which we live for the last 3.5 years. Last October the landlord split ways with the letting agent. This was due to him relocating 200 miles away and he didn't want the costs. We agreed to sign a tenancy renewal for 1 year last November on the basis he would carry on being the dutiful landlord ie: repairs to be completed etc.
interesting but irrelevant

We are approaching the tenancy end and he has setn a contract tenancy renewal through the post for us to sign for another year. We are not happy to do this for an array of reasons most importantly that he has not kept to his end of the deal. We have had 2 repair jops outstanding for 5 weeks and upon me sending photos of a penetrating damp issue he has clearly stated he has no intention to remedy it.
Your tenancy renewal is separate from enforcing repairs, except in as much as it might influence your decion. You want repairs enforced? Enforce them.

It is an old property and the damp proofing is a mess. Paintwork in the house is delapidated and looks horrid.
Old properties are..... old. You knew this when you moved in. If there sre specific repairs needed, address this.

He is a strict landlord and has never allowed us to decorate.
He cannot stop you. Bu he can make you re-instate the original decor when the tenancy ends (or charge you for doing this)

My question is this.. Can we send the contract back to him stating that we wish it to be changed to 6 months instead of 12?
Yes of course. He cannot force you to sign it. You cannot force him to offer a 6 month contract. It's negotiation. But see below too.

Even if he has signed his 'copy'? Irrelevant
Of course if a better property comes along in a few months we may well be tempted to relocate but I don't want the landlord to have any ammo as such to give us notice in the Spring.
Once you sign you are commited. If you think you might leave, don't sign.

Thanks in advance.

Now read:


* 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?

* Repairing Obligations, (draft in progress to include new 1/10/15 rules banning retaliatory eviction)

Hanger_Queen

Old properties are..... old. You knew this when you moved in. If there sre specific repairs needed, address this.

On the contrary. The house was immaculate when we moved in. Fresh lick of paint in every room. Old houses, if maintained well can look good for a very long while. He will not remedy the damp nor treat walls and we are not permitted to paint (we have this in his writing).

Guest101

Hanger_Queen wrote: »

Old properties are..... old. You knew this when you moved in. If there sre specific repairs needed, address this.

On the contrary. The house was immaculate when we moved in. Fresh lick of paint in every room. Old houses, if maintained well can look good for a very long while. He will not remedy the damp nor treat walls and we are not permitted to paint (we have this in his writing).

So what will he do if you paint the walls?!


You must simply return the property as you received it, at the end of the tenancy, during the tenancy it's yours to do with as you wish.

Pixie5740

Hanger_Queen wrote: »

He will not remedy the damp nor treat walls and we are not permitted to paint (we have this in his writing).

He can get you to sign something saying you'll dress up as pink unicorns every second Thursday of the month, it doesn't meant to say it's enforceable.

G_M is correct that as long as you return the property to the original decor when the tenancy ends tenants can decorate their homes. However, many landlords have kittens (some with good reason) about it and since a Section 21 requires no reason out you go.

Although I wouldn't waste my money decorating a property I could easily be made to leave and that was riddled with damp.

Given your landlord's reluctance to carry out repairs I think your best course of action is to do nothing, let the tenancy become periodic, find somewhere else (better) to live and serve notice. Don't give your hard earned cash to a landlord unwilling to carry out repairs.

Hanger_Queen

We requested it, he refused. I don't believe there to be a legal right to decorate a rented property regardless of intentions to return to its former stated upon the tenancy ending.

Hanger_Queen

Thanks for the replies folks. An email has been drafted and fingers crossed a resolution is met asap.

G_M

Hanger_Queen wrote: »

I don't believe there to be a legal right to decorate a rented property regardless of intentions to return to its former stated upon the tenancy ending.

Depends what you mean by 'legal right', but

* there is no legal right to decorate
* there is also no legal objection to decorate

'The law' is silent on the matter (unless you can quote me an Act that I'm unaware of).

However there are 2 aspect of contract law that are relevant:

1) if the original contract (tenancy agreement) says you cannot decorate, that is a binding contractual term. (Note that the LL cannot change the original contract terms by later refusing permission to decorate). If you were to breach that term, the landlord could

a) issue a S8 ground 12 notice (see Schedule 2 ) and ask a court to evict you. This is a discretionary ground and no court would evict a tenant for decorating.

b) ask a court for an order forcing you to immediately reinstate the original decor. You would enter a defence, showing photos of the original decor, and undertaking to re-paint at the end of the tenancy. The court would send the LL on his way with (an expensive) flea in his ear

c) wait till the tenancy ends and make you pay for re-painting, unless you had already returned the decor to the original colour

2) every tenancy contract has a number of 'implied terms'. These are contract terms which do not need to be stated. One is that the property will be returned to the LL at the end of the tenancy as it was at the start, less fair wear and tear.

So you dislike the current 'old' worn green paint. Take photos. Paint it a nice new bright cheerful yellow. When your tenancy ends, before you move out, find a matching green paint and return the walls to their original colour.

Guest101

Hanger_Queen wrote: »

We requested it, he refused. I don't believe there to be a legal right to decorate a rented property regardless of intentions to return to its former stated upon the tenancy ending.

Oh my lord...


You've got three people telling you something and you say 'I don't believe there is a legal right'....


Why did you bother posting here in the first place if you are going to ignore what three people tell you?


Especially (and i'll happily take 3rd place in this situation) 3 people who have a good level of knowledge of this, and certainly between the three of us are able to give accurate advice.

mrginge

Pixie5740 wrote: »

He can get you to sign something saying you'll dress up as pink unicorns every second Thursday of the month, it doesn't meant to say it's enforceable.

What?

Why has no-one told me this before?????

Spent a bloody fortune on that outfit