Tenancy Agreement and Renewal

amyloofoo

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.

OP - you've confirmed:
but earlier stated:
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).

All of the paperwork was handed over in their office on 8/4/15

thesaint

Miss Samantha is correct.

The OP has agreed to do viewings within the last month. Would I advise them to? No, certainly not.
Once the periodic term begins, the clause is useless until the point where the OP gives notice, as at that point, the exact end of tenancy is known.

Even a possession order doesn't guarantee the date when the tenancy ends.

theartfullodger

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!

Understand the point you are making, thanks: However....

£25 to an agreed housing charity if Samantha or anyone else can quote a case where a tenant - who later stayed on as periodic - refused such viewings etc in the last 1 or 2 months of the fixed term, landlord took them to court & won against the tenant, over access for viewings in those last 1 or 2 months, please.

Or another £25 if anyone can quote a case where a landlord having been refused such viewings takes tenant to court under s8 for breach of tenancy for not permitting viewings & gets possession order on that ground only.

I would genuinely be fascinated to learn more from Samantha on this matter.

Best wishes to all, including those who disagree with me.

Miss_Samantha

theartfullodger wrote: »

Understand the point you are making, thanks

I think you mean that I wasn't wrong but you were.

thesaint

theartfullodger wrote: »

Understand the point you are making, thanks: However....

£25 to an agreed housing charity if Samantha or anyone else can quote a case where a tenant - who later stayed on as periodic - refused such viewings etc in the last 1 or 2 months of the fixed term, landlord took them to court & won against the tenant, over access for viewings in those last 1 or 2 months, please.

Or another £25 if anyone can quote a case where a landlord having been refused such viewings takes tenant to court under s8 for breach of tenancy for not permitting viewings & gets possession order on that ground only.

I would genuinely be fascinated to learn more from Samantha on this matter.

Best wishes to all, including those who disagree with me.

What courts do is not what anyone is making a point about.

As you are well aware, judges are extremely fickle, coupled with the fact that a landlord is unlikely to go to court to enforce a term that is unlikely to be resolved before a tenant departs.

If you think it(viewings in the last month of fixed term) is an unenforceable, or unfair term, then by all means say so.

Miss Samantha is 100% correct, but because she has disturbed the staus quo, members choose to attack because her manner is not to offer tea and cakes.

mrginge

Superstrike says that an SPT is a new tenancy, not a continuation of an existing one.

I believe that the deregulation act cleared up the consequences of superstrike, but I'm not sure that it affects the underlying reasoning.

Of course, I just make things up as I go along so may be talking rubbish.

theartfullodger

I think I understand where Samantha & Saint are coming from. Tenable viewpoint, clearly.

So do you conclude from that approach that for any subsequent (assume monthly rent) monthly periodic tenancy the tenant is also bound by the clause & must permit viewings etc during that month??

ViolaLass

theartfullodger wrote: »

I think I understand where Samantha & Saint are coming from. Tenable viewpoint, clearly.

So do you conclude from that approach that for any subsequent (assume monthly rent) monthly periodic tenancy the tenant is also bound by the clause & must permit viewings etc during that month??

Not unless they have given notice or that month is the second month of the LL's notice.

amyloofoo

Hi, I now need some advice / reassurance about viewings please. Things died down after my last post, with the exception of a text message stating:

Confirmation of viewing of your property: *address* on 14/03 at 11:45am

This was from a number that doesn't accept replies, so I sent an email to the main LA address stating:

[FONT=&quot]To avoid any confusion, as we have previously discussed, we will not be permitting viewings at this time.[/FONT]
[FONT=&quot]At the weekend I got another text message:[/FONT]
Confirmation of viewing of your property: *address* on 22/03 at 10:30am
So I resent the same email:
[FONT=&quot]To avoid any confusion, as we have previously discussed, we will not be permitting viewings at this time.[/FONT]
I then received an email from the owner of the letting agency:

[FONT=&quot]I think you may be confused as to the situation **name**.

Your tenancy come to an end on 15th April as per your AST and s21 notice. As a result we are marketing for a new tenant and under clause 6.3 of your tenancy we have the legal right to gain access for viewings subject to reasonable notice, which we have provided.[/FONT]
Which was followed by another text message:
Confirmation of viewing of your property: *address* on 22/03 at 02:30pm
I replied:

As I have made clear to **letting manager**, I have issues with disability and anxiety and am finding the ongoing situation incredibly stressful. We also have two young children. It is therefore inappropriate for viewings to take place without **husband** being present, particularly given the behaviour we have already been subjected to and the anxiety this has caused. **Husband** works 8 – 6 Monday to Friday and will also be unavailable this (Easter) weekend.

It is inappropriate to send repeated notifications for viewings, including two on the same day, after it has been made clear that viewings at this time are not acceptable.

I would also like to formally request the current address of our landlord, **name**.


And have received the following:


It is not our intention to make this situation difficult. We are merely following legal procedure for the ending of the tenancy. For you to also suggest that we have been instigating ‘particularly given the behaviour we have already been subjected to and the anxiety this has caused’ is not a reflection of our actions, only of your position not to accept or discuss the legal position.

We have always wanted to talk about a resolution but you don’t wish to enter into any verbal dialogue.

In refusing us entry for viewings you are in breach of the tenancy and leave yourselves open to a claim from the landlord for loss of rent. This is not what we want, and I’m sure you don’t either.

I’m sure that given the opportunity to discuss we could help avoid the anxiety you may be feeling.


Where do I stand if they turn up tomorrow? Do I just keep ignoring everything except for viewing appointments?


I have found contradictory information regarding our liability for loss of rent on the internet. I presume we're not liable as we will allow viewings when we actually give notice, as well as offering them potential for viewings at convenient (for us) times and are continuing to pay rent. The final email seems to be implying that it's my fault for insisting on only written contact, but I don't think this is unreasonable given the circumstances.


[FONT=&quot]
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Pixie5740

This letting agent really is the pits. If they turn up tomorrow tell them to Foxtrot Oscar. In fact change the locks if you haven't already and tell them to stop harassing you and that you've already made it very clear that you are not leaving at the end of the fixed term and will start a periodic tenancy. Contact Shelter for some legal advice.