Advice For Tenants

JackAndJill

With the above you are just playing the system. They were given a 12 month tenancy. When the owner does not want to extend then that’s it. The owners choice

deannagone

Not playing the system., they are following the LAW.  Which means that LL's can't just get rid of tenants when they wish.  There is a process to follow.  

If they want the tenants to leave and the tenants, for whatever reason can't or won't, S21 has to be served (which may or may not be valid), wait for S21 notice period to complete, then wait for court date to get Possession order which will include another small notice period, then wait for another date and get the Bailiffs Warrant, with another small notice period.  

As has been pointed out, the 'wait for court date' period could be long as courts aren't even beginning to process the Possession orders they already have unless there are exceptional circumstances i.e. the tenants are six months in arrears etc.  More possession orders will be added to that list by June.  Its going to a long time til the OP is evicted.

However the OP is going to have to seperate useful points from non useful points, however valid they seem to them.  They can try to bargain for their decorating costs back, but the LA is correct.  Unless they have written permission to decorate, they shouldn't have done.  They may not get these costs back.  The fact that they needed the house for longer than 12 months and expected to live there for longer probably won't make a jot of difference in court.  Its the Tenancy agreement that is meaningful in law.  Their expectation to stay there for longer means something only to the tenants.  As has been said, the LA may not have even communicated this to the LL's.  So although its very relevant to their lives given their circumstances, they need to adjust to that reality, unfortunately.  

I am only bringing these two points up so to reduce the chance of the OP wasting their time with arguments that won't help them.  They need to concentrate on what will. I am sorry for what is happening to them but I am afraid, if you have a 1 year TA.., that is what you should expect.  It is all you are guaranteed, however much you need something else. 

The LL should be doing an EICR inspection (has to be done by end of March by law), hopefully that will get the plug socket fixed.  Write to the LL and list any other items they want fixed.
 
There is probably time to find another tenancy.  If a S21 is served, go to the council, they should offer help at that point, may speak to the LL and negotiate with them.  Obviously you have been poorly served by the LA.., my sympathies for that.  But I doubt (other than the £100 payment) you can do anything about it.  Generally if you want something different to what the TA says, it has to be written into the TA.  A verbal discussion, even an email is of less standing in the law.

Please also bear in mind that while it is wonderful to want to be the carers of a family member in need of care, there are other options, a compromise solution, part state provided care and part family provided care can be a good compromise and might open your options a little bit.  If you live half an hour away, its not an impossible feat to provide care to a family member daily.  It might be more distant than you want, but it is doable.

[Deleted User]

JackAndJill said:

With the above you are just playing the system. They were given a 12 month tenancy. When the owner does not want to extend then that’s it. The owners choice

Yes and no.  It is true that the fixed term will end after 12 months but that doesn't end the tenancy.  A periodic tenancy, either contractual or statutory, will automatically start the day following the end of the fixed term.  There is nothing a landlord can do to prevent this.  Now a landlord can choose to issue a Section 21 notice but that on its own doesn't end a tenancy either as a tenancy can only be ended by the tenant or a court and good luck getting a court date any time soon.  Those are the laws and if a landlord doesn't like them then tough titties.  Exercising one's contractual or statutory rights is not playing the system.

[Deleted User]

moneysavinghero said:

Is this in Scotland? The rules up there are slightly different.

The private rental tenancies introduced in Scotland from 1st December 2017 do not have fixed terms.

[Deleted User]

@TheCatSitter, in the private rental sector of England and Wales there are no long term lets.  The longest you are likely to ever get is 12 months.  Regardless of what any landlord or letting agent tells you at the start you won't really ever be protected for more than a year at a time.  Things change and if a landlord wants you out then providing the due process is followed it's very easy to have a tenant evicted.  During covid times the length of notice required for a Section 21 notice has been increased from 2 months to 6 months and there is a massive backlog of cases so that could buy you a little more time.  Sooner or later though you will have to move.  How that comes to pass is up to you.  You could agree to move by the end of the fixed term if the landlord agrees to return your deposit early and in full.  You could even ask for a little sweetener.  If you go down this route make sure you get the agreement in WRITING.

Never ever spend your own money decorating or fixing things in a rental property.  As you've found out there's no guarantee of it becoming a long term home so you shouldn't spend your hard earned on anything over and above your rent.  If you view a property and it's tired and dated keep looking, same if it's filthily.  It shows the landlord doesn't care.

Letting agencies in England have to be registered with one of three redress schemes.  As you have made a complaint to the letting agency already about this £100 backhander and got nowhere with it you could escalate your complaint to the redress scheme.

 

TheCatSitter

Thank you for all taking the time to make additional comments.

You are all correct we will have to move sooner or later, and I have drafted a letter to the agency and the landlord asking if they have any idea how I should be able to pay to move when I will not have access to my deposit etc..

To be honest we would not have taken the property if they had shown us properly the condition of the house on the video they sent, undoubtedly we were naive to accept them at this word this would be long term, but if you cannot trust people to that, then where will you ever get? (Well not in our position that’s for sure) 😩

I checked last night, we still have all the messages supporting everything I’ve said, maybe I will post a copy of these of the landlord, maybe there is a chance the agency have completely dishonest and this will bring some empathy and some room for negotiation.

Thank you all xxx

macman

None of what you say above is really relevant. Until such time as you are formally given notice (that means an S21, not a letter or text message) you need to do nothing. Then, when your 6m notice expires, reconsider your position. The odds are that your tenancy is not regularised, in which case the whole process will begin again, giving you at least another 9m. 
How you raise the cash for a new deposit, your health issues, or that you appeared to pay a backhander to the agent (knowing it to be such) are no concern of the LL and should not be part of your negotiations. 
You don't need 'empathy', you just need to enforce the considerable legal rights you already have.

AdrianC

If the landlord wants to move back into the property, having previously lived there, it wouldn't need to be s21. s8g1 would cover that - and is a mandatory s8 ground.

That's still six months notice, though, currently.

And the queue for a possession hearing is still the same once the notice ends in December or later... The only difference is that the i-dotting-t-crossing of s21 doesn't apply, and correctly issued notice can't get thrown out once it reaches court. In about 2023 or 2024.

TheCatSitter

The previous letter we had already sent to the landlords has been answered through the agency this morning anyway. Stating they wish us to leave on the date the tenancy ends and will not enter into further communication regarding the matter and that no negotiations for an alternative outcome will be considered.

TheCatSitter

But yes macman we cannot do anything now just follow the process. X