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Deed of Surrender
deadby40
Posts: 26 Forumite
We took flat and signed 12 month AST in April 2014. England.
LA protected deposit in Sept 2014 and put start date of tenancy June 2014, length of tenancy 12 months on dps system (?!?)
We have never received prescribed information.
April 2015, rent increase, new 12 month AST
No new AST since, presume now periodic.
Sept 2016 We find new flat and request surrender tenancy early to synchronise rent dates, so we don't rent 2 places for 3 weeks.
LA and landlord agree to it via vague emails and say they have people ready to move straight in. The lease specifically states we need landlord's written permission to terminate early.
Flat has been generally kept extremely well (glowing praise on inspections), but kitchen appliances need serious clean (oven, fridge, inside cupboards).
There is also a shower that leaks downstairs (maisonette) that they never fixed properly despite coming five times and claiming it was done.
We just used the main bathroom downstairs instead.
My questions are
What happens if they start making huge/any claims for our deposit (london professional cleaning prices, 'we left shower fixed, you've broken it'), in context of deposit
failings?
Does the fact we signed a 2nd tenancy with the deposit already protected negate any recourse to the initial failure to do so?
LA is flaky and unreliable - can we predate a deed of surrender ( ie now, dated later) they sign. Panicked about
them playing us on 'the day' we move out. ie. no deed, 'email is fine, trust us' etc.
Can a LA sign a Deed of Surrender?
Thank you for reading
LA protected deposit in Sept 2014 and put start date of tenancy June 2014, length of tenancy 12 months on dps system (?!?)
We have never received prescribed information.
April 2015, rent increase, new 12 month AST
No new AST since, presume now periodic.
Sept 2016 We find new flat and request surrender tenancy early to synchronise rent dates, so we don't rent 2 places for 3 weeks.
LA and landlord agree to it via vague emails and say they have people ready to move straight in. The lease specifically states we need landlord's written permission to terminate early.
Flat has been generally kept extremely well (glowing praise on inspections), but kitchen appliances need serious clean (oven, fridge, inside cupboards).
There is also a shower that leaks downstairs (maisonette) that they never fixed properly despite coming five times and claiming it was done.
We just used the main bathroom downstairs instead.
My questions are
What happens if they start making huge/any claims for our deposit (london professional cleaning prices, 'we left shower fixed, you've broken it'), in context of deposit
failings?
Does the fact we signed a 2nd tenancy with the deposit already protected negate any recourse to the initial failure to do so?
LA is flaky and unreliable - can we predate a deed of surrender ( ie now, dated later) they sign. Panicked about
them playing us on 'the day' we move out. ie. no deed, 'email is fine, trust us' etc.
Can a LA sign a Deed of Surrender?
Thank you for reading
0
Comments
-
This deed of surrender is a red herring.We took flat and signed 12 month AST in April 2014. England. exact date on tenancy please?
LA protected deposit in Sept 2014 exact date please? and put start date of tenancy June 2014, length of tenancy 12 months on dps system (?!?) Strange. I'd understand if they fiddled the date to make it within 30 days, but.....
Anyway - exact date please?
You could claim the penalty (up to 3 times deposit)
We have never received prescribed information. You could claim the penalty (up to 3 times deposit)
April 2015, rent increase, new 12 month AST
Exact date please?
No new AST since, presume now periodic.
Yes - Probobly a Statutory Periodic Tenancy unless the tenancy agreement creates a Contractual Periodic Tenancy on expiry - what does it say?
Sept 2016 We find new flat and request surrender tenancy early to synchronise rent dates, so we don't rent 2 places for 3 weeks.
Why 'request surrender? You have a periodic tenancy so you simply serve notice. However you must give the correct period of notice.
LA and landlord agree to it via vague emails and say they have people ready to move straight in. The lease specifically states we need landlord's written permission to terminate early.
Yes. But you are not terminating early as your last fixed term expired last ... April?
Flat has been generally kept extremely well (glowing praise on inspections), but kitchen appliances need serious clean (oven, fridge, inside cupboards).
You must leave it how you found it
There is also a shower that leaks downstairs (maisonette) that they never fixed properly despite coming five times and claiming it was done.
Presumably you have copies of the letters you sent reporting this.
We just used the main bathroom downstairs instead.
My questions are
What happens if they start making huge/any claims for our deposit (london professional cleaning prices, 'we left shower fixed, you've broken it'), in context of deposit
failings?
You go to arbitration via the deposit scheme
Does the fact we signed a 2nd tenancy with the deposit already protected negate any recourse to the initial failure to do so?
No. They protected it late so you have 7 years to claim the penalty if you wish
LA is flaky and unreliable - can we predate a deed of surrender ( ie now, dated later) they sign. Panicked about
them playing us on 'the day' we move out. ie. no deed, 'email is fine, trust us' etc.
Can a LA sign a Deed of Surrender?
Thank you for reading
Just serve proper notice. Now read:
* 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?0
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