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Sign new Tenancy Agreement or benefits will be suspended?

13

Comments

  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    If the letting agent comes back to you ask her which law makes it a legal requirement.
  • Mr_Gnu
    Mr_Gnu Posts: 108 Forumite
    Ninth Anniversary 10 Posts Photogenic Combo Breaker
    OK just had a call from the new landlord,he said that I must sign a new AST because of the change of landlord and they need to show it to the council as no one is paying rent at this address.

    He said they won't hold me to the 6 months AST.

    So he wants me to sign but says he won't hold me to it,I just need to give notice when I get a date from the HA.

    Said he doesn't want to evict me by court order.

    I said under section 5 of the housing act 1988 I don't need to sign a new AST which seemed to throw him, but it was quite amicable.

    We agreed I'll call him back on Monday.

    Any Thoughts welcome.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    You could suggest drawing up a new AST as a contractual periodic tenancy that gives you the same notice periods on both sides that you currently have with your (I assume) statutory periodic tenancy rather than signing a fixed term contract. Alternatively you could sign a 6 month fixed term contract that has a break clause. Then again you could just not sign any new contract. The world is your oyster.
  • Mr_Gnu
    Mr_Gnu Posts: 108 Forumite
    Ninth Anniversary 10 Posts Photogenic Combo Breaker
    Pixie5740 wrote: »
    You could suggest drawing up a new AST as a contractual periodic tenancy that gives you the same notice periods on both sides that you currently have with your (I assume) statutory periodic tenancy rather than signing a fixed term contract. Alternatively you could sign a 6 month fixed term contract that has a break clause. Then again you could just not sign any new contract. The world is your oyster.

    I suppose he could have offered me those terms if he knows about them.

    Getting evicted wouldn't be the end of the world as long as the HA get the flat they said I could have, sorted.The housing officer won't be back until a week on Monday.
    .
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Mr_Gnu wrote: »
    OK just had a call from the new landlord,he said that I must sign a new AST because of the change of landlord
    You don't HAVE to. Your existing statutory periodic tenancy carries forward.

    and they need to show it to the council as no one is paying rent at this address.
    That's probably very true. The council are still paying your rent to the old agent.
  • theartfullodger
    theartfullodger Posts: 15,928 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Just do nothing. You are better off that way.
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    You think that the OP will be better off if their benefits are stopped?
  • Mr_Gnu
    Mr_Gnu Posts: 108 Forumite
    Ninth Anniversary 10 Posts Photogenic Combo Breaker
    edited 13 April 2018 at 9:16AM
    How can I get the HB paid to new landlord without signing a new AST?

    I'll go to the HA today to see if they can give me a date to move in so I can give notice. Unlikely though.

    If I were to be evicted I presume I would have to pay the rent myself eventually?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Do you have anything from either the new or old agent, stating they've taken over your tenancy, and giving the new payment details? Ideally, something from each.


    More importantly, what do the council want as proof, in order to change the payee?
  • Mr_Gnu
    Mr_Gnu Posts: 108 Forumite
    Ninth Anniversary 10 Posts Photogenic Combo Breaker
    edited 13 April 2018 at 9:41AM
    AdrianC wrote: »
    Do you have anything from either the new or old agent, stating they've taken over your tenancy, and giving the new payment details? Ideally, something from each.


    More importantly, what do the council want as proof, in order to change the payee?


    Yes, I have a letter from both,but the new agents letter has no address or sort code / payment details.just telling me to sign the new AST.

    The new LL said on the phone that the council will want the new AST as proof.Maybe that's why there's no address on the letter,so I can't use it as proof.

    http://www.manchester.gov.uk/site/scripts/documents_info.php?documentID=1572&pageNumber=5

    Letter from Landlord should do as proof but he wants the AST signing.
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