Assured Shorthold Tenancy vs Fixed Term

Jami74

canaldumidi said:

I should wait and see what the new contract says and then

* if in doubt, quote relevant clauses here for advice

* if it offers you long term security and (you want long term security) eg 12 or 24 months, then agree

* if you might want to leave, don't agree

* if you don't like the contract due to clauses or length of fixed term, then politely thank the LL/agent for the draft contract but "having considered it carefully I am happy to maintain my current periodic tenancy".

Thank-you so much for your advice. Never occurred to me we wouldn't have to sign a new contract, I suspect that not singing would result in notice served. The landlord owns multiple properties and apparently lives a very nice life somewhere he can't be directly contacted by tenants. Would be quite happy without the involvement of the letting agency people.

canaldumidi

You can ask the agent for the LL's actual address if you want to contact him direct.

Landlord & Tenant Act 1985

1 Disclosure of landlord’s identity.

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

But I repeat: it's generally not in the LL's financial interests to evict a reliable tenant (unless planning to sell the property). So evicting over the fixed term Vs periodic issue would make no sense, unless the rent was a problem (but that can be negotated), or the agent is calling all the shots.

Jami74

canaldumidi said:

But I repeat: it's generally not in the LL's financial interests to evict a reliable tenant (unless planning to sell the property). So evicting over the fixed term Vs periodic issue would make no sense, unless the rent was a problem (but that can be negotated), or the agent is calling all the shots.

Thanks again, the house would not be a good buy without a lot of modernisation, but maybe he's lining his ducks up. I will wait patiently to receive this new contract and see what it says. Not completely sure why the letting agents sent us a pre-warning.

dimbo61

Have you got a copy of the EPC ? What is the rating ? A,B,C,D E or maybe F/G ?
Same with the EICR and GSC 

Slithery

Jami74 said:

MaryNB said:

The law says they have to issue an S21 (2 month notice period) to start the process of ending the tenancy but it doesn't mean you have to leave after 2 months. It just means at the end of the 2 months the landlord can then apply for the court for an eviction order which will take several more months, during which time your right to live at the property remains intact. Only you or a court order can end the tenancy.

Thanks, but wouldn't it be harder to find a new property to rent if you'd caused such problems for your previous landlord?

No. You are doing nothing wrong by staying in the property when you it's your legal right.

Jami74

dimbo61 said:

Have you got a copy of the EPC ? What is the rating ? A,B,C,D E or maybe F/G ?
Same with the EICR and GSC 

EPC is D. Electrician came recently to do EICR and moved some plug sockets around to make things safer. We don't have gas.

Why do you ask? As far as I understand all the landlord has met all his legal obligations.

canaldumidi

Jami74 said:

dimbo61 said:

Have you got a copy of the EPC ? What is the rating ? A,B,C,D E or maybe F/G ?
Same with the EICR and GSC 

Why do you ask? As far as I understand all the landlord has met all his legal obligations.

dimbo61 was checking some of th reasons why a S21 Notice (if served) might be invalid, allowing you to ignore it and stay. For a fuller check, answer these 88 questions (plus an additional recent one which has not been added to the questionaire - EICR):

S21 checklist (Is a S21 valid?)

Jami74

canaldumidi said:

dimbo61 was checking some of th reasons why a S21 Notice (if served) might be invalid, allowing you to ignore it and stay. For a fuller check, answer these 88 questions (plus an additional recent one which has not been added to the questionaire - EICR):

S21 checklist (Is a S21 valid?)

Ah, I got to question 87 before I realised why you all keep talking about the S21 Notice (which hasn't been issued and I wasn't expecting to receive).

So possibly, the landlord needs the a new tenancy agreed so he can legally issue a S21 Notice? 

Jami74

Could we offer to buy our home from the landlord? If so, how would we go about it? 

canaldumidi

Jami74 said:

canaldumidi said:

dimbo61 was checking some of th reasons why a S21 Notice (if served) might be invalid, allowing you to ignore it and stay. For a fuller check, answer these 88 questions (plus an additional recent one which has not been added to the questionaire - EICR):

S21 checklist (Is a S21 valid?)

Ah, I got to question 87 before I realised why you all keep talking about the S21 Notice (which hasn't been issued and I wasn't expecting to receive).

So possibly, the landlord needs the a new tenancy agreed so he can legally issue a S21 Notice? 

If you recall, that was what artful suggested way back on page one. There are so many ways a S21 can be invalaid (as the questionaire demonstrates), that as  said earlier, the LL might erroneously believe a new fixed term contract would get around any earlier failure. But as I also said - it wouldn't work!

Jami74 said:

Could we offer to buy our home from the landlord? If so, how would we go about it? 

1st step would be to get a couple of agents round (tell them you are the owner?) and ask forvaluations. Also look at prices of similar local properties.

Then decide what you think the property is worth (to you).

Then approach the owner/landlord and make an offer!