Assured Shorthold Tenancy Ending. Landlord re-let property.

MaryNB

Craigyboy_2 said:

Really appreciate all of the advice here - thank you!

Wee update: the agent has now come back saying that the only way we can stay is if we take over the lease from another tenant in a different apartment as they need to end early due to personal reasons. It would mean us moving to a different apartment in the same building, and signing for the remainder of their agreement.

She said that’s the best offer as someone else has now signed for our apartment in January and there’s nothing more she can do - We simply cannot stay in this apartment beyond January.

Needless to say we won’t be taking that offer. We’ll hold off and then send that email a little closer to the time to say we intend to stay.

What a farce. They can give the prospective tenant that flat then. Not your problem. You can simply stay there beyond January, that's the law. They can't boot you out. 

Craigyboy_2

Our tenancy refers to the TDS and gives the website address to check our deposit has been protected. I’ve contacted this one, as well as the other two and none of them have any record of our deposit. We never received any confirmation from the agent either.

I haven’t queried it with the agent directly, as I thought if we have any problems on moving out we may need to use this as leverage if they haven’t fulfilled their obligations. Glad I didn’t now!

Grumpy_chap

980233 said:

Craigyboy_2 said:

Really appreciate all of the advice here - thank you!

Wee update: the agent has now come back saying that the only way we can stay is if we take over the lease from another tenant in a different apartment as they need to end early due to personal reasons. It would mean us moving to a different apartment in the same building, and signing for the remainder of their agreement.

She said that’s the best offer as someone else has now signed for our apartment in January and there’s nothing more she can do - We simply cannot stay in this apartment beyond January.

Needless to say we won’t be taking that offer. We’ll hold off and then send that email a little closer to the time to say we intend to stay.

Wow they really are that dumb.

To be fair, not necessarily dumb, but opportunistic.

The LA has got themselves into a pickle and if the OP took that offer, it would be problem solved.  

It is quite possible the LA had also offered to the new tenant (if there is one) to take the other flat, possibly with a bit of financial incentive (as the people moving out early will be liable for rent unless someone takes over the term so they might be willing to share the rent rather than pay it all).

The OP should probably, politely, tell the LA that they are not keen on moving to the other flat.  It maybe an option not to rule out entirely - particularly if the current tenant will subsidise some of the rent it would give the OP a bit of extra money to help with the costs of when they actually buy somewhere.

Craigyboy_2

Re: Tenancy, this is the top of the document they sent us to sign back in July:

ASSURED SHORTHOLD TENANCY

AGREEMENT for letting a residential dwelling

Important Notes for Tenants

• This tenancy agreement is a legal and binding contract and the Tenant is responsible for payment of the rent for the entire agreed term.The agreement may not be terminated early unless the agreement contains a break clause, or written permission is obtained from the Landlord.

• Where there is more than one tenant, all obligations, including those for rent and repairs can be enforced against all of the tenants jointly and against each individually. Where the tenancy is subject to deposit protection then joint tenants may have to nominate a lead tenant to act on their behalf with the Landlord or Tenancy Deposit Scheme provider or their alternative dispute resolution service provider.

• If you are unsure of your obligations under this agreement, then you are advised to take independent legal advice before signing.

General Notes

1. This tenancy agreement is for letting furnished or unfurnished residential accommodation on an assured shorthold tenancy within the provisions of the Housing Act 1988 as amended by Part III of the Housing Act 1996. As such, this is a legal document and should not be used without adequate knowledge of the law of landlord and tenant.

2. Prospective tenants should have an adequate opportunity to read and understand the tenancy agreement before signing in order for this agreement to be fully enforceable.

3. This agreement may be used for residential tenancies of three years or less. Agreements for tenancies of a longer duration should be drawn up by deed.

4. Section 11, Landlord and Tenant Act 1985 - these obligations require the Landlord to keep in repair the structure and exterior of the dwelling, and to keep in repair and proper working order the installations for the supply of water, gas and electricity and the installations in the Property for space heating and heating water.

5. Section 196 of the Law of Property Act 1925 provides that a notice shall be sufficiently served if it is sent by post in a registered letter (if the letter is not returned undelivered) addressed to the Tenant at the Property or the last known address of the Tenant or left addressed to the Tenant at the Property.

6. This agreement has been drawn up after consideration of the Unfair Contract Terms Guidance published by the Competition and Markets Authority.

7. If you accept a tenancy deposit under this tenancy, it must be protected by a tenancy deposit protection scheme and certain documents must be given to the tenant. Take advice if necessary.

8. Where the tenancy becomes a periodic tenancy at the end of the fixed term period the tenant is required to give at least 28 days’ notice (or one month in the case of a monthly tenancy) in writing to end the tenancy. The tenant’s notice must end on the first or last day of a period of the tenancy in accordance with the common law rules. The landlord is required to give at least two months’ notice in accordance with the statutory rules prescribed by Section 21 of the Housing Act 1988 but the landlord’s notice does not need to expire on the first or last day of a period of a tenancy.

 

MaryNB

Grumpy_chap said:

MaryNB said:

Nope. They can't serve a valid S21 if it wasn't protected or was protected late. If the deposit wasn't protected within 30 days they need to return the deposit in full before they can issue a valid S21. 

The OP does not need to tell the EA / LL that though.  Wait until the incorrect service is noted, then let them know at the OP's convenience - all helps to add time to the process.

The OP seems unsure whether the deposit is protected.  If it is not, I think there is a penalty that the OP can benefit from.

Oh yeah they should definitely kept schtum. By the sounds of the competency of this letting agent it would get all the way to court without them realising their mistake.

If the OP is able to confirm it's not protected, takes them to court over it and a judge grants them an award of 3x the deposit, it'll be a nice little bit of cash to put towards something for their new house. 

macman

OP, are you now going to enquire of the LA why they have failed to protect your deposit? And then sue for up to 3 times the value? If you do, you will win-there is no defence.
My first thought was that the LA was bluffing you to try and get you out in January. But now I'm just getting the idea that they are clueless, incompetent and have no idea of the legislation that they need to comply with. Makes you wonder how amateurs like this seemingly manage to get the contract to manage an entire block?
What other regs have they broken? Do you have a GSC (if gas appliances are fitted)? EICR? EPC?

MaryNB

Craigyboy_2 said:

Our tenancy refers to the TDS and gives the website address to check our deposit has been protected. I’ve contacted this one, as well as the other two and none of them have any record of our deposit. We never received any confirmation from the agent either.

I haven’t queried it with the agent directly, as I thought if we have any problems on moving out we may need to use this as leverage if they haven’t fulfilled their obligations. Glad I didn’t now!

The prescribed information they must provide to you is explained in the Housing (Tenancy Deposits) Prescribed Information Order 2007. A web address is far from sufficient. 

980233

Grumpy_chap said:

980233 said:

Craigyboy_2 said:

Really appreciate all of the advice here - thank you!

Wee update: the agent has now come back saying that the only way we can stay is if we take over the lease from another tenant in a different apartment as they need to end early due to personal reasons. It would mean us moving to a different apartment in the same building, and signing for the remainder of their agreement.

She said that’s the best offer as someone else has now signed for our apartment in January and there’s nothing more she can do - We simply cannot stay in this apartment beyond January.

Needless to say we won’t be taking that offer. We’ll hold off and then send that email a little closer to the time to say we intend to stay.

Wow they really are that dumb.

To be fair, not necessarily dumb, but opportunistic.

The LA has got themselves into a pickle and if the OP took that offer, it would be problem solved.  

It is quite possible the LA had also offered to the new tenant (if there is one) to take the other flat, possibly with a bit of financial incentive (as the people moving out early will be liable for rent unless someone takes over the term so they might be willing to share the rent rather than pay it all).

The OP should probably, politely, tell the LA that they are not keen on moving to the other flat.  It maybe an option not to rule out entirely - particularly if the current tenant will subsidise some of the rent it would give the OP a bit of extra money to help with the costs of when they actually buy somewhere.

Dumb in the sense it's 2021 and they fail to realise all the information is readily available to be challenged a short mouse click away.

Bunch of crooked sharks.

RAS

If the agency really are this clueless at all levels, then I'd be worried they'd do something even more illegal because they haven't got a clue.

OP, I'd start by:

Change the locks, urgently. Keep the barrels to replace when you leave. Refuse all further inspections. 

Finding out who the owner is from the Land Registry. Costs £3. You can ask the EA and they are legally obliged to tell you, but the chances are this lot do not know it. When you do write; pen, paper and ink, to advise the EA that you are not leaving, send a copy to the landlord.

Find out if your local council does have a private tenancy officer; they are less common now but  it would be worth having their contact details on your phone etc.

Speak to Shelter sometime in the next few weeks and see if you can get some sort of case number; so if you need to contact them, there is a log of the basic details.

See what you can find out about the management company.

Search out your incoming inventory, and check if there is anything that might require attention. They'd have to go to court to sue for any damage, but you don't need the hassle.

Stop communicating by email; insist on written communication.

980233

Oh to be a fly on the wall when they tell the replacement tenants of their **** up. Wonder what sort of holding deposit they've already taken ?