Tenancy Agreement and Renewal

amyloofoo

They have also readvertised the property on their website (for £30 pcm more than the current rent and £15 pcm more than they said our rent would increase by - think this may well be how they got the LL to change her mind)

Pixie5740

Thanks for the update. That last email just shows that the letting agent is either a liar or an ignoramus and more fool the landlord for going along with this charade.

If the landlord had wants more money there is absolutely nothing stopping you from having a periodic tenancy and agreeing to a rent increase. However, I think that ship might have sailed now.

mrginge

amyloofoo wrote: »

The Section 21 that was issued at the beginning of this fixed term, terminates the assured shorthold tenancy which means that you cannot roll onto a statutory periodic tenancy. I have attached the signed Section 21.

I am crying with laughter at this total garbage.

HappyMJ

amyloofoo wrote: »

On the point about references though, I would presume that much like employment references they don't have to be positive but they do have to be factual? With the exception of not wanting to renew our fixed term, we've been model tenants so I would hope they couldn't give us a horrendous reference. I appreciate this is probably naive! :oJust for the sake of complete-ness (and I will not be responding), I had a further email from the letting manager this evening as follows:
.......

That's right they cannot give a bad reference just for the sake of it. It must be factual. When did tenant live at the property? Between X and X. Did tenant pay rent on time each month? Yes. Did tenant leave the property in a good state accounting for fair wear and tear? Yes. That's about it really.

theartfullodger

Miss_Samantha wrote: »

She will be in 5 days, though.

Samantha!!! Wrong! (again??)

Until a court issues a possession order later executed by bailiff or HCEO (see s5{1} of HA 1988**) the tenancy has not ended. With the greatest respect you, me, tenant, agent, landlord do not know & will not know when that is until it happens.

So until bailiff turfs them out nobody can know when the last 1 or 2 months of a tenancy are, can they??

What training have you done in landlord/tenant law Samantha, please??

** see
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,

And yes, section 7 (read it!!). And yes, an AST is a (special form of) Assured tenancy.

Miss_Samantha

theartfullodger wrote: »

What training have you done in landlord/tenant law Samantha, please??

The one that says that a fixed term tenancy ends at the expiry of the term.
You shouldn't have skipped it!

HappyMJ

Miss_Samantha wrote: »

The one that says that a fixed term tenancy ends at the expiry of the term.
You shouldn't have skipped it!

That's correct and then the tenant stays in possession and the tenancy becomes a periodic tenancy.

Miss_Samantha

HappyMJ wrote: »

That's correct and then the tenant stays in possession and the tenancy becomes a periodic tenancy.

No, the tenancy ends and is replaced by a different, periodic tenancy.
How many of you skipped training?!

G_M

we all skipped the training and would welcome constructive advice supported by clear explanations or links, rather than single-sentence contradictions & unhelpful legal semantics that don't help the OP.

OP - you've confirmed:

Term: For the term of twelve months commencing on 16 April 2015

but earlier stated:

S21 signed on 8/4/15,

I assumed the 21 was also served on you on 8/4/15, and is thus invalid as it predates the tenancy.
But you have not confirmed the date it was served on you (given to you).

Miss_Samantha

G_M wrote: »

we all skipped the training and would welcome constructive advice supported by clear explanations or links, rather than single-sentence contradictions & unhelpful legal semantics that don't help the OP.

Well, it would perhaps help not to harass me and post snide comments every time I post a simple observation... Especially when those trying to shoot me down do not have the skills.

Why is my simple observation triggering such behaviour?