New Tenancy - lots of landlord visits

G_M

You really need to clarify the tenancy you have if you want proper advice.


Answer the questions comms69 asked.

PRAISETHESUN

8 times in 2 months is a tad excessive IMO - that's basically once a week!

You need to clarify the type of tenancy you hold - basically we are trying to establish if you have the right for unrestricted access to the entire property between yourself and the other tenants, or just the rooms you rent. You have much better rights if you have the entire property to yourself. If you had a tenant leave you wouldn't necessarily need to find a replacement, but the share of the rent the remaining tenants would go up as you would all be jointly liable to pay the rent so you'd have an incentive to find someone else to keep your rent down.

Assuming you have the property to yourself, I'd tell the landlord to sod off. Yes it is nice that that are paying attention to the property, but if it is inconveniencing you (as it sounds like it is) then it doesn't matter. For the duration of the tenancy you have the right to enjoy your home as you see fit - and the landlord has no right to enter (bar inspections and some emergencies).

sunflowerseeds

I've just checked the agreement. All three of us are named on the agreement and there are loads of rules and regs (none of which will cause us any problems as we're good tenants). However, I see that the landlord has the option to give us two months notice if he wants to repossession of the property ( assume that's normal) and everything else looks pretty standard. Includes a comment about right to quiet enjoyment. Our rights and responsibilities are joint and several apparently.

G_M

sunflowerseeds wrote: »

I've just checked the agreement. All three of us are named on the agreement and there are loads of rules and regs (none of which will cause us any problems as we're good tenants). However, I see that the landlord has the option to give us two months notice if he wants to repossession of the property ( assume that's normal) and everything else looks pretty standard. Includes a comment about right to quiet enjoyment. Our rights and responsibilities are joint and several apparently.

So
1) you are joint tenants with full tenancy rights

2) you can decline unreasonable access

3) if you suspect the LL might ignore your polite request for him not to enter, change the lock. Keep the original lock and put it back when your tenancy ends (see utube below)

4) you are lucky the LL is improving the property - be glad! And cooperate as much as possible as it benefits you

5) but if the improvements are not wanted (by you), or are too disruptive, write a polite letter saying so and asking him to defer his improvements till "later" (keep it vague!)

6) you cannot be made to find replacement tenants when the tenancy ends. But when it does end, you must all move out.

7) if one of you wants to move out early there are several legal options
a) he (A) moves out and the 2 remaining (B&C) cover the full rent, but A remains legally a tenant - not desirable for A!
b) You (B & C) find a replacement. A moves out (remaining a tenant as above!) and D moves in as your lodger - not desirable for A!
c) You (all 3) request an 'Early Surrender' of the tenancy. The tenancy ends. New tenancy is created in the names of either B&C, or B, C & D (assuming the LL approves of D). Old deposit is returned and new deposit taken and protected.
d) You find a replacement (D) and ask the LL for a Deed of Substitution. The existing tenancy continues with a single change: D's name is substituted for A's name


8) as for the LL's "2 months notice" this is either illegal or you've not clearly explained so:
a) what date (exact) did the the tenancy start?
b) what date does it end (or what is the 'term' (length)?
c) what are the exact words about this 2 month notice, and where in the contract are they found?



https://www.youtube.com/watch?v=LA580cRHXDY

Comms69

sunflowerseeds wrote: »

I've just checked the agreement. All three of us are named on the agreement and there are loads of rules and regs (none of which will cause us any problems as we're good tenants). However, I see that the landlord has the option to give us two months notice if he wants to repossession of the property ( assume that's normal) and everything else looks pretty standard. Includes a comment about right to quiet enjoyment. Our rights and responsibilities are joint and several apparently.

Out of curiosity what rules- I suspect the majority are unlawful or at least unenforceable

sunflowerseeds

Fantastic post - thank you so much. As for where the notice was written it was on the first page, in a box, just under our names and rental payment dates and details etc.
It says This is a Shorthand Tenancy under the Housing Act 1988. The Tenant understands that the Landlord will be entitled to recover possession of the premises when the tenancy period ends. The Landlord may bring the tenancy to an end at any time before the expiry of the Tenancy Period by giving to the Tenant no less than two months written notice stating that the Landlord requires possession of the Premises.

The tenancy its for one year.

Comms69

Hopefully it says shorthold* rather than hand. But in any case it’s a load of nonsense.

I’m guessing he wrote it himself.

G_M

sunflowerseeds wrote: »

....
It says This is a Short[STRIKE]hand[/STRIKE]hold? Tenancy under the Housing Act 1988. The Tenant understands that the Landlord will be entitled to recover possession of the premises when the tenancy period ends. The Landlord may bring the tenancy to an end at any time before the expiry of the Tenancy Period by giving to the Tenant no less than two months written notice stating that the Landlord requires possession of the Premises.

The tenancy its for one year.

That would not be possible unless he used S8 ground 1 of the Housing Act - does the contract specifically mention S8 ground 1?
And did the LL used to live in the property himself?



Schedule 2 (17 S8 Grounds a LL can use)

Ground 1

Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)—

(a)at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling-house as his only or principal home; or

(b)the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the dwelling-house as [F1his, his spouse’s or his civil partner's] only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or money’s worth.

macman

Nonsensical and unenforceable. You have a 1 year AST, and the LL cannot ask you to leave before then, whether they give 2 months notice or 10 months.

sunflowerseeds

Yes, "Shorthold" - predictive text strikes again!!
So in other words, he can only give us two months notice if he or another owner etc wants to actually move in - and presumably they would need to prove that . Good. That's ok then. Unlikely the landlord would want to do this. :j