PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Sign new Tenancy Agreement or benefits will be suspended?

24

Comments

  • silvercar
    silvercar Posts: 46,945 Ambassador
    Academoney Grad Name Dropper Photogenic First Anniversary
    The wise new landlord in these circumstances drops round with cake for a brief chat, says they are very happy to offer a new tenancy at reduced rent (say £50/month) to give tenant re-assurance and all sorted.

    The dumb landlord writes saying you MUST sign new tenancy... or even tries to increase rent.

    But the tenant doesn't want a new tenancy!
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • theartfullodger
    theartfullodger Posts: 14,584 Forumite
    Name Dropper First Anniversary First Post
    silvercar wrote: »
    But the tenant doesn't want a new tenancy!
    I know!

    I was merely suggesting an option for landlords desirous of a shiny new AST that will probably be accepted, rapidly, by many tenants: Offer a new deal at a lower rent (Counter-intuitive I realise...)
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    First Anniversary Name Dropper First Post
    Mr_Gnu wrote: »
    Is this true if the house has been 'sold' to a different landlord though?
    Yes. The tenancy continues unchanged - only the name of the landlord changes.

    Letting agent, sorry.
    ...
    I had better contact the new agents, and the council. Very confused.
    Yes, you definitely need to talk to the council, because otherwise your rent's going to be paid to the wrong people... And they probably won't just say "Oh, OK, we'll change" then, without proof in the form of... a tenancy!
  • Mr_Gnu
    Mr_Gnu Posts: 108 Forumite
    First Anniversary Photogenic Combo Breaker First Post
    edited 11 April 2018 at 6:23PM
    Pixie5740 wrote: »
    It doesn't matter if the property has been sold and you have a new landlord, your tenancy continues exactly the same as it did before. Legally there is absolutely no requirement to sign a new tenancy agreement. However, the new landlord, or an agent acting on his behalf, should WRITE to you informing you of the new address for the serving of notices and the new account details for your standing order. I imagine the council will also need to be informed of the new account details so that is what you need to ask the council - what information does the council require when there's a change of landlord.

    Great post Pixie, thanks.

    Well they did write to me but with no sort code or any address. I suspect they will want to come round with a tenancy agreement to sign and a sort code etc and also talk of dire warnings of what may happen if i don't sign.
    silvercar wrote: »
    The new letting agent may wish to supply a new tenancy agreement to the council as proof that you are renting. It may smooth the way for the council to pay the letting agent the rent.

    It is quite rare for the council to pay private landlords (or their agents) direct nowadays, so I'm guessing that the letting agent doesn't want to risk the council paying you HB direct and expecting you to pay the rent.

    Either way it is your obligation to make sure the rent is paid, so worth you contacting the council.

    Yes silvercar, thanks, I think you're right.
    The wise new landlord in these circumstances drops round with cake for a brief chat, says they are very happy to offer a new tenancy at reduced rent (say £50/month) to give tenant re-assurance and all sorted.

    The dumb landlord writes saying you MUST sign new tenancy... or even tries to increase rent.

    I did have a list of what might keep me here: drop the top ups, new front door,new back gate and a couple of course of blocks on the wall for security,refurb the windows etc..maybe they will promise these as long as I sign here.. nah doubt it.

    I think I'll tell the new agents I want away so there's no point signing a new AST.Then perhaps the periodic could continue and I would have to get a new sort code for top ups and ask council about what happens re the actual rent.
  • Mr_Gnu
    Mr_Gnu Posts: 108 Forumite
    First Anniversary Photogenic Combo Breaker First Post
    AdrianC wrote: »
    Yes. The tenancy continues unchanged - only the name of the landlord changes.


    Yes, you definitely need to talk to the council, because otherwise your rent's going to be paid to the wrong people... And they probably won't just say "Oh, OK, we'll change" then, without proof in the form of... a tenancy!

    Thanks AdrianC, could get messy indeed.:(
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Name Dropper First Post First Anniversary
    When my LL was selling, he did have a couple of LL's coming round, but all wanted to put the rent up. I would have accepted as I knew getting a new property would be difficult as a benefit tenant, but in the end had to be evicted and go into social housing as the LL's wanted more money than I could pay.

    My LL did insist on signed tenancy agreements even though I was (initially) very unhappy with the lack of essential repairs and hoped to get another private rental (not possible as a benefit tenant in my area as it turns out). When I went to my council they told me if I refused to sign a TA and was evicted because of that, I'd be found voluntarily homeless. Which surprised me somewhat. So I had to sign. But, again, as it turns out, only for another couple of years cause then he decided to sell anyway. While it was terribly stressful, once I knew I had somewhere to go, I was SO relieved to be rid of the LL's lies, fun and games.

    I've noticed that the property has gone for a higher fee since, but been empty twice (in the couple of years) for quite long periods (particularly given the demand in the area). So I doubt the new LL has gotten any gains. Charge higher rents, tenants expect more and the state of the place was dreadful, extension with no insulation or heating, wiring was awful, hob used to go out due to irregular gas supply (done by DIY idiot), boiler broke frequently with long repair times due to a lack of parts. Nothing I could enforce but very inconvenient. So Karma does visit occasionally.
  • Mr_Gnu
    Mr_Gnu Posts: 108 Forumite
    First Anniversary Photogenic Combo Breaker First Post
    I phoned the council they said phone the new agents.

    So I did and told them I don't want to sign a new AST because I have been offered a flat by the HA but have no date to move yet.

    They at first said they will come round on Wednesday and It's a legal requirement that I must sign because I have no date to move out. (no date because the HA haven't gave me one yet , it's now over two months since they said I could have the flat. Housing officer is on holiday. )

    Then before I could chirp up and say 'no it is not' the lady said ok leave it with me I can understand your position and I'll get back to you.
  • Remember that their ultimate 'sanction' is eviction.., which they would be extremely silly to do but well, you can never rule it out. BUT even if they do try to evict you it will take at least three months to do so (depending on court waiting times it could be a lot longer) and will only improve your position on the housing list.

    It might be they have repairs to do on the flat.., sometimes this can take a ridiculous amount of time. But phone the council and ask if you can bid on other properties having already been made an offer if you want a chance at an alternative property.

    I wish the private rental sector was different but I am finding social housing is not overly regulated to make things workable for tenants, both seem to have huge loopholes it only takes a long expensive court case to resolve with no certainty of success. But at least social housing is yours for the long term once the probationary period is over.
  • Mr_Gnu
    Mr_Gnu Posts: 108 Forumite
    First Anniversary Photogenic Combo Breaker First Post
    Remember that their ultimate 'sanction' is eviction.., which they would be extremely silly to do but well, you can never rule it out. BUT even if they do try to evict you it will take at least three months to do so (depending on court waiting times it could be a lot longer) and will only improve your position on the housing list.

    It might be they have repairs to do on the flat.., sometimes this can take a ridiculous amount of time. But phone the council and ask if you can bid on other properties having already been made an offer if you want a chance at an alternative property.

    I wish the private rental sector was different but I am finding social housing is not overly regulated to make things workable for tenants, both seem to have huge loopholes it only takes a long expensive court case to resolve with no certainty of success. But at least social housing is yours for the long term once the probationary period is over.

    Eviction would be ok I think I might even get the keys by then hopefully!

    I think you're right about the repair scenario.They stopped me from bidding on any other properties.
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Name Dropper First Post First Anniversary
    edited 12 April 2018 at 1:14PM
    Councils have some strange 'rules'. I was offered a place with no kitchen (literally an empty room with nothing in it). They could not put a kitchen in a void, so had to offer it to someone with no kitchen. BUT I then had to move in within two weeks (another rule) with no kitchen still.

    I had put a kitchen into my previous property on the same estate so that kitchen had to be put into the new property. They gave the workmen half a day to do it. Unbelievable. I was very very pregnant at the time but I had to finish it off. The new property was a house and bigger so I just had to do it and tile the floor (they had taken the lino up, the floor was gritty black stuff the name of which escapes me to waterproof so not useable as it was). Most uncomfortable with a big bump in the way, spent several nights doing it with snow on the ground and no heating (I had another child with special needs I needed to spend the days with). No wonder I went into labour a month early! They did give me an extra week to actually move.

    What happened to my old property now with no kitchen, I dread to think!

    And that was twelve years ago, when there was more money around, although it was the start of things getting difficult.

    In this place I have a fally apart kitchen with a sink falling through, council have an 18 month waiting list for replacements. But hopefully will have replaced it before then somehow. Council didn't do any kind of inspection before I had to move in so long list of repairs. Three inspections so far and still not one done. Although that's mostly down to a combination of things. I'm just going to get them done as and when I can. At least the place is more or less mine, unlike a private rental. The advantages are obvious but its not without its strains lol.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.1K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 607.8K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards