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Renting Contract Issue

I've been renting a flat since April 2019 on a 6 month contract with the option to renew the contact, which I did in October 2019. I sent my signed copy of the contract back in September and received an e-mail from the estate agents in early November stating that I hadn't sent them it.

After forwarding on my original e-mail with the signed copy they accepted that they had already received it and it was the land lady that hadn't signed it, even now I have been calling them to see whats taking so long and they just constantly say they don't have it yet. I'm also trying to add someone to the contract since September 2019 and they haven't got back to me on that persons credit check either, is there any risk involved if I don't have a contract that signed by the land lady? The estate agents have also tried to charge me for not paying the original deposit when it was their fault for putting my payment down for the wrong flat number when I first moved in, but they didn't notice this until August 2019...

Starting to get annoyed that they can get away with this harassment constantly when it's always their fault!

Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Literally nothing needs to be done.


    If you want someone to move in, then go get a key cut for them and that's that.


    Similarly you have a valid tenancy so no need to renew.


    Finally was your deposit protected with-in 30 days of being paid? Sounds like it wasn't, so they're in some hot water there.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 28 November 2019 at 5:22PM
    The specific details, and precise wording in the the various emails would be critical to determining the status of your current tenancy. But it is either

    1) a new 6 month fixed term AST from Oct (1st or whatever date), or
    2) a Contractual Monthly Periodic AST (if the original tenancy agreement states that is what happens after the fixed term), or
    3) a Statutory Monthly Periodic AST

    Whichever of the above, you have a valid tenancy.

    As for adding a new tenant - has this person moved in? Are they paying you rent? If yes and yes, you are his/her landlord. He/she is your lodger. The rent you receive may be taxable, but probably falls within the Rent a Room Scheme

    Since your landlord/agent does not seem concerned, this arrangement can continue unless you have a reason to want to change your tenancy, either by getting a brand new joint tenancy, or by assigning the current one to his and your names.

    So you did not pay a (security?) deposit? Have you now paid it?

    If yes, on what date?
    Is it protected? What date?
    Did you receive the PI? What date?
    If never paid, is there a clause in the tenancy agreement requiring a deposit?

    If yes, you are in breach, but there's little the LL can do.

    If the LL/agent is 'trying to charge you' for not paying, I assume you mean an extra charge on top of the deposit itself? This may be justified if the deposit is a requirement of the tenancy, but if it was an error of some kind by the LL/agent, then the charge is not due.



    * Deposits:
    payment, protection and return
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