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    • arthurfowler
    • By arthurfowler 6th Apr 18, 8:08 PM
    • 86Posts
    • 6Thanks
    arthurfowler
    On periodic agreement and landlord has asked to sign a new contract
    • #1
    • 6th Apr 18, 8:08 PM
    On periodic agreement and landlord has asked to sign a new contract 6th Apr 18 at 8:08 PM
    Just some advice please. Our contract expired in July last year. We were asked to renew and pay an increase in rent. We said we would sign and pay higher rent, but wanted some issues fixing (weather proofing window frames (causing water to leak inside home), rotten planks holding up washing machine/freezer etc. Only health and safety potential issues.

    We were continuously told that the list is with the landlord for quotes and nothing happened and nothing was followed up with the work or the contract. However we were chased for the increased rent price. We decided to pay the increased rent so as to keep the landlord happy (and have been for the past 10 months).

    Time passed and we went past the expiry of the contract and therefore are (I presume) on a periodic agreement. No contract was signed. This was 10 months ago.

    Last month we had extensive work done to fix numerous damp issues in the house we had raised.

    Three days ago I contacted the property manager about the issues raised last year which were still not looked at, because the rotten wood is becoming dangerous. Heard nothing back until today.

    Today we receive an email asking us to renew our lease for another year and if they dont hear back from us in a month, the landlord will start marketing the property. I just want to know where we stand. We received this notice after requesting the safety issues be fixed.

    I prefer to stay on a periodic, because the landlord just doesn't seem interested in fixing issues which may become more dangerous. We waited months for the damp to be even looked at.

    We paid an increase in rent last year, with no contract signed, and still a lot of issues not fixed - and I stress these are only health and safety potential issues. Nothing cosmetic. I have attached pictures of some of the issues.

    So I don't really want to sign a new agreement, potential rent increase (which we can't afford), as well as landlord not fixing anything again.

    We could potentially move, but it's a lot of hassle and can't afford to stump up deposits, moving fees etc.

    Any advice on what to do?

    https://drive.google.com/file/d/0B6fiFTCLgTIBTkllRlQtZnB1Tm5nUXBNdEFMX0tUOXZPbUNV/view

    https://drive.google.com/file/d/1TYOTdPKCVInvPZ8bbzVhfi_WfLsp5FIY/view

    https://drive.google.com/file/d/0B6fiFTCLgTIBblBRZXFGSGNZZm5iNkVPcXJiMS01ZmtqY1Q4/view
Page 1
    • wesleyad
    • By wesleyad 6th Apr 18, 8:48 PM
    • 290 Posts
    • 249 Thanks
    wesleyad
    • #2
    • 6th Apr 18, 8:48 PM
    • #2
    • 6th Apr 18, 8:48 PM
    Just checking was it an agent who sent the email? If so I'd check with LL that he definitely wants you to sign or will serve notice. It's unusual for a LL to evict a good tenant for not signing a fixed term. It would mean agent fees for re letting, a void between tenancies etc, chances of getting a worse tenant in.

    Conversely this is exactly what agent wants. If you resign they get money possibly from you, definitely from LL. If you don't sign they get lovely fees for re letting. So it's in the agents interest to push for either of these (and sometimes the "forget" to inform the LL).

    I personally would not make a decision until checking with LL (or call their bluff)
    • arthurfowler
    • By arthurfowler 6th Apr 18, 9:04 PM
    • 86 Posts
    • 6 Thanks
    arthurfowler
    • #3
    • 6th Apr 18, 9:04 PM
    • #3
    • 6th Apr 18, 9:04 PM
    Just checking was it an agent who sent the email? If so I'd check with LL that he definitely wants you to sign or will serve notice. It's unusual for a LL to evict a good tenant for not signing a fixed term. It would mean agent fees for re letting, a void between tenancies etc, chances of getting a worse tenant in.

    Conversely this is exactly what agent wants. If you resign they get money possibly from you, definitely from LL. If you don't sign they get lovely fees for re letting. So it's in the agents interest to push for either of these (and sometimes the "forget" to inform the LL).

    I personally would not make a decision until checking with LL (or call their bluff)
    Originally posted by wesleyad
    Thank you, what you said chimes with what I read on another website. Just find it odd - maybe they thought we were on a contract and made a mistake.

    Edit: yes it was an agent
    • G_M
    • By G_M 6th Apr 18, 9:43 PM
    • 45,332 Posts
    • 54,346 Thanks
    G_M
    • #4
    • 6th Apr 18, 9:43 PM
    • #4
    • 6th Apr 18, 9:43 PM
    Read:

    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

    I too recommend speaking to the landlord. Invite him to tea, or to do an inspection, whatever (bake a nice cake) and discuss things.

    If you don't know his address, you have the right to obtain it:

    Landlord & Tenant Act 1985 section 1
    • saajan_12
    • By saajan_12 9th Apr 18, 10:01 AM
    • 1,430 Posts
    • 1,045 Thanks
    saajan_12
    • #5
    • 9th Apr 18, 10:01 AM
    • #5
    • 9th Apr 18, 10:01 AM
    Just some advice please. Our contract expired in July last year. We were asked to renew and pay an increase in rent. We said we would sign and pay higher rent, but wanted some issues fixing (weather proofing window frames (causing water to leak inside home), rotten planks holding up washing machine/freezer etc. Only health and safety potential issues. - fair enough, have you reported these in writing to the LL at the 'address for serving notices?

    We were continuously told that the list is with the landlord for quotes and nothing happened and nothing was followed up with the work or the contract. However we were chased for the increased rent price. We decided to pay the increased rent so as to keep the landlord happy (and have been for the past 10 months). - okay that's fine, you can mutually agree on a rent increase and just start paying the higher amount during a periodic tenancy.

    Time passed and we went past the expiry of the contract and therefore are (I presume) on a periodic agreement. No contract was signed. This was 10 months ago. - yes, the terms of the periodic tenancy will depend on if anything is mentioned in the latest contract re what happens after the fixed term (then you're on CPT) or if nothing mentioned then SPT.

    Last month we had extensive work done to fix numerous damp issues in the house we had raised. - good, finally fixing something

    Three days ago I contacted the property manager about the issues raised last year which were still not looked at, because the rotten wood is becoming dangerous. Heard nothing back until today. - you can cc the agent, but make sure you're writing to the LL at the address for serving notices.

    Today we receive an email asking us to renew our lease for another year and if they dont hear back from us in a month, the landlord will start marketing the property. - likely just an empty threat if it's coming from the agent as they've missed out on renewal fees for hitting print. The LL is unlikely to want to evict, suffering a void in rent and new tenant finding / referencing agent fees, for a new contract. They'd just bring forward the thing they're worried about ie a gap in rental. I just want to know where we stand. We received this notice after requesting the safety issues be fixed. - Get the safety / repair issues reported in writing asap. Then if they do try to evict, you may be able to argue its retaliatory.

    I prefer to stay on a periodic, because the landlord just doesn't seem interested in fixing issues which may become more dangerous. We waited months for the damp to be even looked at.

    We paid an increase in rent last year, with no contract signed, and still a lot of issues not fixed - and I stress these are only health and safety potential issues. Nothing cosmetic. I have attached pictures of some of the issues.

    So I don't really want to sign a new agreement, potential rent increase (which we can't afford), as well as landlord not fixing anything again.

    We could potentially move, but it's a lot of hassle and can't afford to stump up deposits, moving fees etc. - any renter should start saving for hte next place as soon as you move in, even without the agent's antics. You can be evicted in ~5 months with a Section 21,
    having to pay new deposit, moving costs, new tenancy costs all upfront. IF you use the full time until bailiffs arrive then you'd also be liable for court costs, can only avoid this by leaving by the end of the notice giving you only 2 months.


    Any advice on what to do?

    https://drive.google.com/file/d/0B6fiFTCLgTIBTkllRlQtZnB1Tm5nUXBNdEFMX0tUOXZPbUNV/view

    https://drive.google.com/file/d/1TYOTdPKCVInvPZ8bbzVhfi_WfLsp5FIY/view

    https://drive.google.com/file/d/0B6fiFTCLgTIBblBRZXFGSGNZZm5iNkVPcXJiMS01ZmtqY1Q4/view
    Originally posted by arthurfowler
    I would report the issues formally to the LL and talk to them to make sure they understand you're a good tenant with no expectation of leaving. Remaining on the periodic tenancy gives you both flexibility incase anything changes.

    I expect this is all the agent trying to get more fees but incase they manage to convince the LL, better to get in their ear first.
    • Out, Vile Jelly
    • By Out, Vile Jelly 9th Apr 18, 10:19 AM
    • 4,137 Posts
    • 14,066 Thanks
    Out, Vile Jelly
    • #6
    • 9th Apr 18, 10:19 AM
    • #6
    • 9th Apr 18, 10:19 AM
    I contacted my LL direct and explained that periodic tenancy meant the same contractual conditions for each party, but that we'd both save on the pointless renewal fee. The agents were very grumpy about this, but had to shut up.

    It's also worth reminding the LL direct about maintenance issues, especially when they involve potentially expensive long term problems like damp and window replacement. They may be being fobbed of by the agent's in-house handy man.
    They are an EYESORES!!!!
    • theartfullodger
    • By theartfullodger 9th Apr 18, 11:04 AM
    • 9,741 Posts
    • 13,161 Thanks
    theartfullodger
    • #7
    • 9th Apr 18, 11:04 AM
    • #7
    • 9th Apr 18, 11:04 AM
    Just some advice please. Our contract expired in July last year. We were asked to renew and pay an increase in rent. We said we would sign and pay higher rent, but wanted some issues fixing (weather proofing window frames (causing water to leak inside home), rotten planks holding up washing machine/freezer etc. Only health and safety potential issues. ..............
    Originally posted by arthurfowler
    For stuff like you really need in future to have written (yes WRITTEN or emailed..) landlord, copy agent, keep copy along lines advised by Shelter here.... (includes draft letter). No need to wait to renewal time, landlord should fix these things promptly. Advice includes what to do if he doesn;t fix matters...
    https://england.shelter.org.uk/housing_advice/repairs/how_to_report_repairs_to_a_private_landlord
    • Cakeguts
    • By Cakeguts 9th Apr 18, 1:54 PM
    • 4,893 Posts
    • 7,272 Thanks
    Cakeguts
    • #8
    • 9th Apr 18, 1:54 PM
    • #8
    • 9th Apr 18, 1:54 PM
    Start saving moving costs and costs of another deposit now. The house you are living in is not in general good repair if your photos are anything to go by. When you view the next one make sure that it is in good repair before you move in.
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