AST - ultimatum - sign up or leave

theDimsumKid

Thanks for the response. A few answers......

* fee is only £25 but its more the principle that is the main point
* on the contract all we have is a company listed as the landlord - no phone number (does the LA legally have to provide us with a phone number?)
* not sure if the LA is part of an ARLA

Also, to add to the drama - the house 2 doors down (pretty much exactly the same) has come on the market for rent - and it's cheaper too (we'd go but I hate moving!)

zebulon

theDimsumKid wrote: »

Also, to add to the drama - the house 2 doors down (pretty much exactly the same) has come on the market for rent - and it's cheaper too (we'd go but I hate moving!)

come one 2 doors down!!!!
call a few friends and you can make a chain.

of course if it's through an agent that will cost you more to do new check/admin/whatever fees than the £25
depends how much cheaper?!

barnaby-bear

theDimsumKid wrote: »

Thanks for the response. A few answers......

* fee is only £25 but its more the principle that is the main point
* on the contract all we have is a company listed as the landlord - no phone number (does the LA legally have to provide us with a phone number?)
* not sure if the LA is part of an ARLA

Also, to add to the drama - the house 2 doors down (pretty much exactly the same) has come on the market for rent - and it's cheaper too (we'd go but I hate moving!)

http://www.landlordzone.co.uk/landlord's_address.htm
"This information must be supplied within 21 days. The legislation refers only to the landlord's name and address, not his telephone number or any other form of contact details. "

You can probably find out the companies directors easily
http://www.companieshouse.gov.uk/toolsToHelp/findCompanyInfo.shtml

or look up their phone number on the internet... it may be a faceless company but likely yo be a one-man BTLer hiding his home address - which he may well use on the incorporation documents, but neverless you should have a name and address and BEFORE you leave so if you need to pursue them you have a servable address, the letting agnet has to give you the servable address if you are currently a tenant.

barnaby-bear

theDimsumKid wrote: »

Thanks for the response. A few answers......

* fee is only £25 but its more the principle that is the main point
* on the contract all we have is a company listed as the landlord - no phone number (does the LA legally have to provide us with a phone number?)
* not sure if the LA is part of an ARLA

Also, to add to the drama - the house 2 doors down (pretty much exactly the same) has come on the market for rent - and it's cheaper too (we'd go but I hate moving!)

Given THEY want a new AST - you could use this fact as a bargaining tool - new AST is new chance to negotiate rent if they want the same contract suggest it could rolling in return for same rent.

LillyJ

Where I live there are a lot of student rentals and the contracts are on a yearly basis, 1st July to 30th June, regardless of whether you are a student or not. Ours runs out a couple of days before we are due to complete, and so we were going to be homeless for a couple of days. I agreed to pay an extra month in order for us to have ample time to move, and do all the painting in the other house before we move in, and avoid having to move twice. They said no. They haven't got anyone else lined up to move in, but the answer was a definate no, even after talking to the landlord. They say that they need the property empty "in case" some students want it.
What fools.
Some students decided they did want it (more fool them, it's a dive) and we have negotiated with them to pay 3 days rent (not going to hand over money till last day) so that we don't have any days homeless.

This also happened to my friend who didn't want to sign up for another year, but did want 6 months and was willing to sign for the whole 6 months. THey said definately no way as they find it hard to rent things half way through an academic year.

mlz1413

If the house 2 doors down is cheaper then use it as a barganing tool, I'm happy to pay this rent but not to sign up every 6 months as previously discussed I would prefer to stay on a rolling contract.

You say the LA is your only contact - the only way I can see this being acceptable is when LA's do guaranteed rental contracts, hence they take a property on for 12 months and have the LL permission to sub-let it to a tenant. Even so I'm not convinced as the LA still has to inform the LL of who they are putting in, so it should work in reverse.

I would pushing LA for LL details, if they say it is them then ask why - ie do they own the property outright? Are they responsible for any maintenance (again on a guaranteed rental LL is responsible for paying for any repairs but LA have the right to get repairs done is LL doesn't).

franklee

prudryden wrote: »

Just tell them to waive the £25 and write off their expenses against their tax or you're walking!!

But then the OP would be tied in for another six months which may not be ideal if they are not sure they want to stay that long.

franklee

Doozergirl wrote: »

Are these people a member of ARLA? I think it's dreadfully underhand tactic to only offer two options but then to put a Section 21 in as well is tantamount to blackmail IMHO. The only point to serving official notice and then offering a six month tenancy in the same letter is to extort money from you.

Exactly and it puts pressure on for the tenant to make a quick decision as the two months notice period is now supposedly ticking away.

scrummy_mummy_2

You may want to consider these points in your decision for your next course of action.
1. The LL or letting agent is not actually legally obliged to offer you a periodic agreement OR another fixed term. (BUT>>>see point 5 below!)
2. Just because the S21 has been served (and we don't know if it has been served correctly with correct dates etc) it doesn't mean it has to be seen through and enacted. They are just covering their bases.
3. If you only want to stay another month you should advise the LA/LL of your intentions and negotiate/agree this situation making sure you give them your proper notice period once the time arrives.....
4. Even if they don't agree, (and once they understand the situation maybe they would like to reconsider!) they cannot evict you or get court action against you in the timeframe you need....so just stay there! They cannot just keep your deposit because it will be in a deposit scheme so cannot unreasonably be witheld.
5. The letting agent has made a contract with you on behalf of the LL in the form of the Email they wrote to you offering you the periodic agreement once the initial fixed term has expired. EVEN if the LL doesn't want this, LEGALLY the LA has acted on the LL behalf and is liable and can be sued in the small claims court if the agreement is not honoured.

YOU are actually in the position of power here so you tell them what is going to happen. You are NOT going to sign another AST for a fixed period, and that you will be staying on a periodic agreement (as offered in the LA Email of X date) for one or two months and that you will be tendering your notice shortly.

The more notice YOU give THEM means that they will have a longer time to find another tenant and thus avoid a void.

Be nice initially then mention their precarious poistion if they become shirty with you.

Pefectly reasonable in my opinion as a LL.

theDimsumKid

Ok so we've had a chat with the letting agents. By a "new agreement" they actually mean it will go onto a periodic term tennancy (i.e. rolling). I think it was a case of them being jokers!

So thanks for all your help - I think we'll pay up the £25 as its a relatively small price to pay for the flexibility (and not having the hassle to move).