Is my contract valid

Mountainpass123

Hi thanks.

I just found a letter addressed to the occupier which is from the water company looks like they haven't been paying water?

Here is my new rolling contract. I'm concerned a little bit about the notice period and extra deposit. And the bills bit.

Let me know what you guys think

You can see my previous contract on my other post. But I will try and put a link here at the end.

Dated this:
16/09/2019
The Property ("the Property"): Manchester address
(Medium double room)
The Parts:
The Landlord:
Landlord name
And The Tenant ("the Tenant")
Me

The Tenant is referred to as "he" or "his" as appropriate in this agreement, even
if the Tenant is female or consists of more than one person. Where the Tenant
consists of more than one person, they will all have joint and several liability under this
agreement (this means that they will each be liable for all Sums due under this
agreement, not just liable for a proportionate part).
The Term: 1 month rolling contract beginning on 24/09/2019 ("the fixed term").
The Rent:
£625 per calendar month with all bills included (Electric. Internet, Water and council tax). No
deposit required but a payment of £200 has to be paid upfront to be used in the
last month's rent.
Terms and Conditions
1. This Agreement is intended to create an Assured Shorthold Tenancy as defined in
the Housing Act 1988 (as amended) and the provisions for the recovery of possession by the
Landlord in that Act shall apply.
2. Under this Agreement, the Tenant will have exclusive occupation of the Room and
will share with other occupiers of the Property the use and facilities of the Property
(including such bathroom, toilet, kitchen and sitting room facilities as may be at the
Property)

3. The Tenant will:

3.1. Pay the rent at the times and in the manner set out above
3.2. Pay interest at the rate of 3% per annum above the National Westminster Bank
PLC's base rate on any rent or other money lawfully due from the Tenant which remains
unpaid for more than 14 days, interest to be paid from the date the payment fell due
until payment
3.3. Not change the supplier or provider of any of the services to the property without
the written consent of
the Landlord (which will not be withheld or delayed unreasonably)
3.4. Not make any alteration or addition to or do any redecoration or painting of
the Property without the
Landlord's prior written consent (consent not to be withheld or delayed unreasonably)
3.5. Take reasonable care to keep any common entrances, halls, stairways, lifts,
passageways and any
other common parts clean and fit for use by the Tenant and other occupiers and
visitors to the
Property
3.6. Make good any damage to the Property or the common parts or to the Landlord's
fixtures, fittings or furnishings caused by the Tenant or any visitor of the Tenant to the
Property, fair wear and tear excepted, and to pay any costs incurred by the Landlord
in carrying out such works in default.
3.7. Advise the Landlord promptly of any disrepair or defect or act of vandalism in
respect of the Property or the fixtures, fittings or furnishings and any failure of
mechanical or electrical appliances. The Landlord shall repair any damage to the
Property or repair or replace any defective fixtures, fittings, furnishings or appliances within a reasonable period of time after being notified by the Tenant, unless the
matter is not something for which the Landlord is liable. 3.8. Advise the Landlord
promptly of any notice or order made affecting the Property
3.9. Not cause blockage or obstruction to the drains and pipes gutters and channels in
or about the property, and will take all reasonable steps to prevent any part of the
water draining and heating systems becoming frozen during the winter months. The
Tenant to pay (so far as is reasonable) for all losses suffered by the Landlord and any
neighbours as a result of the Tenants' failure to comply with this covenant
3.10. Not use any form of heating other than the heating system provided without the
Landlord's prior written
consent (not to be unreasonably delayed or withheld), and in particular not use any oil
or heat gas fires. 3.11. Keep the garden (if any) neat and tidy and maintained to the
same standard as it was at the start of the
tenancy
3.12. Be responsible for arranging and paying the premiums for any insurance cover in
respect of the
Tenant's own personal possessions
3.13. Not leave the Property vacant for more than 30 consecutive days without notifying
the Landlord, either in advance or, in the case of emergency, as soon as possible,
and securing the Property properly when leaving it unattended
3.14. Not do anything on or at the Property which (a) may be or become a
nuisance or annoyance to any other occupiers of the Property or owners or occupiers
of adjoining or nearby premises and/or (b) is illegal or immoral and/or (c) may in any
way affect the validity of the insurance of the Property and its contents cause an
increase in the premium payable by the Landlord. The Tenant to pay (so far as is
reasonable) for all
losses suffered by the Landlord as a result of the Tenants' failure to comply with this covenant.
3.15. Not allow or keep any pet or any kind of animal at the Property without the
Landlord's prior consent.
3.16. Not smoke inside the Property or permit others to smoke
3.18. Use the Property as a private residence only. This means the Tenant must not
carry out any profession, trade or business at the Property and must not allow anyone else.
3.17. Not assign, sublet, charge or part with or share possession or occupation of the
Room at the Property
3.18. Pay the Landlord's reasonable costs and expenses reasonably incurred as a
result of any breaches by
the Tenant of his obligations under this Agreement
3.19. Allow the Landlord or anyone with the Landlord's written permission to
enter in the Property at reasonable times of the day to inspect its condition and
state of repair, carry out any necessary repairs and gas inspections, or during the
last month of the term, show the Property to prospective new tenants or purchasers,
provided the Landlord has given 24 hours written notice beforehand (except in
emergency)
3.20. During the last month of the fixed term (and not later than 28 days before
the end of the fixed term), tell the Landlord whether he intends to stay in the Property or
whether he intends to leave at the end of the fixed term
3.21. Before vacating the property, if appropriate, inform all utility companies and arrange for
final meter readings. If the Property has had unpaid debts or court judgements due from
the Tenant registered against it the Tenant shall do what is necessary to ensure
that these no are longer registered against the Property. The Tenant shall be
responsible for the Landlords reasonable costs incurred as a result of the Tenants failure to comply with this clause.
3.22. Yield up the Property and its contents at the end of the Term in the same clean
state and condition it/they was/were in at the beginning of the Term, with the landlords
furniture and effects and all items on the inventory (if any) in the same rooms that they
were at the start of tenancy. However the Tenant will not be responsible for fair
wear and tear caused during normal use of the Property and its contents or for any damage
covered by and recoverable under the insurance policy affected by the Landlord
3.23. Provide the Landlord with a forwarding address when the tenancy comes to an
end and remove all rubbish and all personal items (including the Tenants own furniture
and equipment) from the Property before leaving.
4. The Landlord will:
4.1. Allow the Tenant peaceably to hold and enjoy the Property during the term
without unreasonable interruption from the Landlord or any person rightfully claiming
under or in trust for the Landlord, subject to the Landlord's right to take any lawful
steps to enforce his rights against the Tenant if the Tenant breaks any of the
terms of this Agreement
4.2. Insure the Property and the items listed on the Inventory (if any) and use all
reasonable efforts to arrange for any damage caused by an insured risk to be remedied
as soon as possible. The Landlord to provide a copy of the insurance policy to the Tenant.
4.3. Arrange for the Tenant's Deposit (if any) to be protected by an authorised
Tenancy Deposit Scheme in accordance with the provisions of the Housing Act, and
comply with the rules of the Tenancy Deposit Scheme at all times.
4.4. Keep in repair the structure and exterior of the Property (including drains gutters
and external pipes) and keep in repair and proper working order the installations at the Property for the supply of water, gas and electricity and for sanitation (including basins,
sinks, baths and sanitary conveniences) and for space heating and heating water, save
that the Landlord will not be required to carry out works for which the Tenant is responsible by
virtue of his duty to use the Property in a tenant-like manner or reinstate the Property in
the case of damage or destruction if insurers refuse to pay out the insurance money due to
anything the Tenant has done or failed to do or to rebuild or reinstate the Property in the
case of destruction or damage of the Property by a risk not covered by the policy of
insurance effected by the Landlord
4.5. If the property is a flat or maisonette within a larger building then the Landlord will be under
similar obligations for the rest of the building but only insofar as any disrepair will
affect the Tenants enjoyment of the Property and insofar as the Landlord is
legally entitled to enter the relevant part of the larger building and carry out the
required works or repairs
Ending this Agreement
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5. The Tenant cannot normally end this agreement before the end of the
fixed term. However after the first two months of the fixed term, if the Tenant can
find a suitable alternative tenant, and provided this alternative tenant is acceptable to
the Landlord (the Landlord's approval not to be unreasonably delayed or withheld) the
Tenant may give notice to end the tenancy on a date at least one month from the
date that such approval is given by the Landlord. On the expiry of such notice,
provided that the Tenant pays to the Landlord the reasonable expenses reasonably
incurred by the Landlord in granting the necessary approval and in granting
any new tenancy to the alternative tenant, the tenancy shall end.
6. If the Tenant decides to stay on after the end of the fixed term another type contract won't
need to be signed, it will start a 1 month rolling contract.
7. If the Tenant does not pay the rent (or any part) within twenty-one days of the due
date (whether it has been formally demanded or not) or if the Tenant fails to comply
with the Tenant's obligations under this Agreement, or
any of the circumstances mentioned in Grounds 2, 8 or 10 to 15 or 17 of Part II of
Schedule 2, and in Schedule 2A, to the Housing Act 1988 arise then the Landlord
may, subject to any statutory provisions, recover possession of the Property and
the tenancy will come to an end. The Landlord retains all his other rights in respect of
the Tenant's obligations under this Agreement. Note - if anyone lives at the
Property or if the tenancy is an assured tenancy under the Housing Act 1988 the
Landlord cannot recover possession of the Property without a court order. This
clause does not affect the Tenant's rights under the Protection from Eviction Act
1977.
Other terms
8. The Landlord hereby notifies the Tenant under Section 48 of the Landlord & Tenant Act 1987
that any notices (including notices in proceedings) should be served upon the
Landlord at the address stated with the name of the Landlord above
9. The condition of the Property and its contents, whether scheduled or not on the inventory,
shall be deemed to be
correct and in good serviceable order unless the Landlord is notified to the contrary
within three days of occupation or as soon as practicable. Oral notification must be confirmed in writing by the Tenant within seven days.
10. The Tenant will pay £200 less on his last month as this amount was paid upfront before
move in.
11. Any notices or other document, including any court claim forms in legal proceedings, shall
be deemed properly served on the Tenant during the tenancy by being left at the
Premises or by being sent to the Tenant at the Property by first class post or recorded
delivery. Notices shall be deemed served the day after being left at the property or after
posting.
12. Any person other than the Tenant who pays all or part of the rent to the Landlord shall be
deemed to have
paid this as agent for and on behalf of the Tenant which the Landlord shall be
entitled to assume without
enquiry.
13. Any personal items left behind at the end of the tenancy after the Tenant has
vacated (which the Tenant has not removed in accordance with clause 3.26 of this
Agreement) shall be considered abandoned if they have not been removed within
fourteen days of written notice to the Tenant from the Landlord (the notice to be delivered by
hand or sent by recorded delivery). After this period the Landlord may remove or
dispose of the items as he thinks fit. The Tenant shall be liable for the reasonable
removal, storage and disposal costs which may be deducted from the proceeds of sale (if
any), and the Tenant shall remain liable for any balance. Any net proceeds of sale will remain
the property of the Tenant.
14. The Landlord is entitled to enter the shared areas of the Property together with any
unlet rooms, at all reasonable times, for the purpose of inspecting them, carrying
out any necessary repairs and to show unlet rooms to prospective new tenants.

15. The Landlord shall be entitled to have and retain keys for all the doors to the
Property, including the Room, but shall not be entitled to use these to enter the Room
without the consent of the Tenant (save in an emergency). If the Tenant fails to return the
keys at the end of the tenancy, he will be responsible for the reasonable cost of having
new locks fitted and keys cut.
16. If the Property is damaged or destroyed by any of the risks insured against by
the Landlord, the Tenant shall only be liable for a proportionate part of the rent, to
be calculated on the basis of the Tenant's use and enjoyment of the Property for
the period of time involved, unless the insurance was prejudiced by some act or omission of the
Tenant.
17. The 'Landlord' means the persons from time to time entitled to receive the Rent, the
'Tenant' includes any persons deriving title under the Tenant, the 'Property' includes any part or
parts of the Property (including the Room) and all of the Landlord's fixtures and fittings at or upon
the Property, the 'Term' means the period stated in the particulars overleaf or any shorter or longer
period as appropriate, and an obligation on the part of a party shall include an obligation not to allow or
permit the breach of that obligation
The Landlord:

The Tenant/s)

Pretty much identical to my previous contract located in this post
https://forums.moneysavingexpert.com/discussion/6045584/eviction-reasons-not-known-what-to-do

G_M

So what made you think it was a 6 month contract?

Mountainpass123 wrote: »

I just found a letter addressed to the occupier which is from the water company looks like they haven't been paying water?

Dated this:
16/09/2019
The Property ("the Property"): Manchester address
(Medium double room)
The Parts:
The Landlord:
Landlord name
And The Tenant ("the Tenant")
Me
..........
The Term: 1 month rolling contract beginning on 24/09/2019 ("the fixed term").

The Rent:
£625 per calendar month with all bills included (Electric. Internet, Water and council tax).
3.20. During the last month of the fixed term (and not later than 28 days before
the end of the fixed term), tell the Landlord whether he intends to stay in the Property or whether he intends to leave at the end of the fixed term

Clearly it's a monthly periodic tenancy. Reference to 'fixed term' is misleading and erroneous. If there IS a fixed period, it is 1 month.

So provided you serve 28 days written notice (note date of service is not date you post it but 2 1st class postal days later) you can leave on the last day of a period.

Clearly bills are included in the rent. Make sure your name is not on any of the utilities' accounts - the LL's name should hold those accounts.

[Deleted User]

Why are you asking again?

https://forums.moneysavingexpert.com/discussion/6045584/eviction-reasons-not-known-what-to-do

G_M

deannatrois wrote: »

Why are you asking again?

https://forums.moneysavingexpert.com/discussion/6045584/eviction-reasons-not-known-what-to-do

Ta deannatrois. I thought it looked familiar.....

Looking back I see the tenancy agreement you posted on your 1st thread stated 6 months.

So which is your curretnt contract?

This is one reason starting new duplicate threads is troublesome. You lose the previous knowledge/information, and can introduce contradictory information.


Think I'm out now.

Mountainpass123

Apologies I thought it was a slightly different topic and didn't want to break Rule so posted here. Do you want me to remove the thread? Appreciate the replies. My contract at the moment is the 6 month one. I received this rolling one today. I don't know if either are valid or if I should sign this or what. But I guess based on your information I will sign it. Report him. And give 5 weeks notice. Thanks

G_M

Is it signed by the LL? Or the agent?

Mountainpass123

It just has the landlord's name not a signature there. I send back a digital signature and never see it again.

Mountainpass123

But maybe his name is the signature

G_M

Mountainpass123 wrote: »

But maybe his name is the signature

if in 'The Landlord' section at the top, no.
if in the signiture box at the end, probably.

Cakeguts

So is this correct?



You have a contract for 6 months and now they have sent you another contract for the same property that is not for 6 months but for the same time period as the 6 months one?