Hi, I apologise in advance as i'm sure this question has been asked before, I really need to make sure my thinking is correct before challenging my landlady (again). I've been in my flat for around 22 months now and began with a fixed term AST for 1 year with monthly payments. The only Termination time was at the 6 months "Break point" and included a 2 month notice period. At the end of the year the landlady and i agreed to allow the contract to roll on a monthly basis (for the past 10 months). On the 12th June I gave written notice saying I'll be out of the flat within one month (also aligned to the date of rental payment). She replied saying that i had to serve two months notice as in line with the original AST. I checked the contract and according to that it states: "16.2 If the Tenant stays in the property after the Tenancy has expired then a statutory periodic tenancy will arise on a monthly basis". Having done some reading around my understanding is that the tenant only has to provide one months notice whilst the landlady is required to provide two months notice in the case of defaulting to a a statutory periodic tenancy. Is this right? I'm hoping to go back to the landlady and say. Here's my contract saying i am on a statutory periodic tenancy, i have no obligation then to serve more than one month of notice following my last rental payment. I have quite a big rental deposit that i could do with so don't want to become embroiled in a war over it! Many thanks in advance.

Not sure if anyone can advise, but here goes I have been renting a house from my local council for approximately 10 years. At the time I took on the tenancy, I was given an AST. I was informed that as it was an AST, I did not have the RTB. I have reason to believe that my landlord would like to evict me (although been a model tenant) so they can sell my home for capital receipts. Having looked into the relevant Housing Acts, it appears that the LA could not legally have issued me an AST, and I believe that despite the fact that an AST was signed, I am in effect a Secure Tenant. Obviously if I was a secure tenant, I should have RTB as property is not of a type that is excluded from RTB. How would I go about trying to get my tenancy amended from an AST to secure? Obviously it would not be in landlord's interest as it would mean I could purchase property at 60% of the value, instead of them selling to a third party for higher value. Also, if I apply and they accept I have RTB, is there any way to challenge the landlord's valuation if I believe it has been inflated(padded out)?

Hi, I've renewed my assured shorthold tenancy, running for 12 months, and the only clause in the agreement is the following The previous agreement had a break clause after a six months initial fixed term, and now I'd like to give my two months notice to leave the apartment: am I still subject to the initial six months fixed term? Does it apply again from the renewal starting date? Thanks.

Hi just some background infomraiton. I moved into my old property on 27th April 2012 and moved out on the 27th April 2013. The property was supplied as fully furnished (NO INVENTORY), £450 a month payable on the 7th. And £450 put down as a deposit. On the tenancy agreement it states she would put the deposit in a DPS scheme which she didnt. Ive complained about her on here before shes a little bit mad. (Read: coming round and 5am to put bins out and randomly walking into house so we had to keep doors locked at all times). So now the tenancy is over, she did an inspection on the 27th when I was there, and in front of 4 witnesses said everything was fine, everything was wonderfully clean and asked for my bank details to return deposit. This did not happen. I contacted her and asked her what was going on. She said she needed to make some deductions but didnt know how much yet because she hadnt finished doing all the work. When I pressed her she produced this list by email. Hi Danielle, I have not managed to clean the whole house yet because there is so much to do. The bathroom is fine. SMall bedroom / when I moved the bed there is oil on the carpet and also some a blue stain, which you did not mention. I have arranged to get the carpet cleaned 15 May and it shouldnt cost any more than 45pounds. I have asked for pictures but she has not replied as I rented a carpet cleaner and cleaned ALL the carpets The curtain rail also needs fixed to the wall. It was attached to wall when I left and has never fell off in the year I lived there why would it fall off now?? Front bedroom, I have had to remove the border, not sure what you have done but there are peices misssing all around it. All the wallpaper in the front bedroom is peeling / rotting because of rising damp which is visible on all walls. I advised her of this on regular basis through tenancy The curtain also needs to be fixed to the wall. Again, it was up when we left??? With Curtains!! And if you drive past the curtains have always been up! Hall / bottom step has a large oily patch and the small hall was not cleaned. Actuslly there are oil marks all around the house. Oil??? Again asked for pictures, not provided Lounge / is not too bad. I have has to paint the conservatory which has marks on the walls. Read: rising damp. all the marks are black mould. Kitchen I have not tackled yet, but the light needs repaired. Bathroom piping burst over winter and flooded kitchen, all the kitchen lights fell out of the ceiling and kitchen was nearly foot under water. She knew about this and had someone come and re-fit the broken lights. Dont see why I should pay The cooker and fridge need cleaned but I have not checked it yet the rest of it yet. My parents actually cleaned these for me, because I cant bend to well being heavily pregnant and they were spotless. Cleaner than when I moved in seeing as I had to buy new oven racks the old ones were so manky I'msorry it is taking me longer than usual, There was alot of wood left lyin ariound and in the shed which I have disposed of. Wood from when she had the fence replaced. "Christine do you want me to take that to the tip for you when I go tomorrow, nah its fine love" I think it will be a couple of weeks before I can assess the cost, hope you are feeling OK with the baby. I have an odd job man who will fix the curtain rails at a low cost but the light I will have to get an electrician. Seeing as she was being such an arse, I respectfully sent her a request for details of the DPS scheme, as well as Gas Safety Certs which I know she doesnt have. She has not responded. Just wondering what I should do now. Should I send the same again, in a letter with recorded delivery? And then issue small claims? How do I even go about doing this?

Good Morning I am after a bit of advice on the property I rent. I have been having some concerns for a while and think there may be an issue. I think I may have been too trusting. In April 2012 I moved into the property, the tenancy on my old property was not renewed and because of a bad credit history due to ill health I had to rent privately. I am a single parent of 3, self employed (not much work like many) but on a police pension. The landlord is a nice enough person but having looked at these forums I have concerns and would be grateful for any help. I have a AST with a break clause after 6 months with one months notice on either side............This has just been renewed and the rent due on the 7th of each month. The landlord is always asking me to put the money into his account a few days before to clear, but it is a standing order. This month he asked me to put it in on the 2nd due to the bank holiday. He sent me a text at 6am this morning asking the same. This is becoming tiresome as I have in the past obliged. When I moved in I paid two months in advance and a deposit. This has not been protected as I have checked. The house is very dated and upon moving in I realised the shower was not working, which I fixed, the hot tap was not working in the bathroom which I fixed. The landlord also still stores his stuff in the attached sheds and the loft, which we cant access. He is over at least once a week to collect stuff, he is a dj. He lets us know he is on his way, his post is still delivered here which he collects. On moving in there was no inventory completed and no gas or electric safety certificates. The boiler has stopped working and he has been very good at getting it repaired. Although we found out the immersion heater was not working at this stage which I managed to get repaired by a friend(new heating element) Once I can either sort my credit rating or get the 6months in advance rent most agents want, I will be moving out. I am slightly concerned about raising concerns as I am not in the credit rating position (even though I have a good income) to move Thank you all in advance

I’m looking for legal advice on the following situation. I have paid a reservation fee and have signed a tenancy agreement for a property that we are supposed to move in to on May 1st. I have given notice to my current landlord and will be vacating on May 2nd. I received a phone call today from the estate agent representing the new LL saying that due to unforeseen circumstances the LL needs to move back into his property (he was living abroad) and no longer wants to proceed with our agreement. Our copy of the AST doesn’t have the LL signature. Can the LL do this? Do I have any rights?

Hey everyone, Our landlord is currently away until 4th April and we are unable to contact him at all. In the past week we have had the fuse in our hoover blow twice in the same socket, and just this morning our brand new phone charger exploded (literally) in another socket tripping the fuse box with it. I have two questions. If anyone knows much about electronics, can anyone give advice as to what this may be caused by. And secondly, if i do need to get an electrician in ( i don't want my family at risk ) how do things stand with a shorthold tenancy agreement in terms of getting one in / billing etc when I am unable to contact the landlord. Thanks guys

Hi, When I moved into this property, I had to pay $45 for a credit check and referral check to start the residency. Since then, every 6 months, to renew the tenancy (6 month fixed AST) they charge me the same over and over again for credit checks and reference checks. Can they keep on doing this? 1) THere is no evidence on my credit report that any checks were carried out 2) The references I gave them confirmed that they've never been spoken to about the tenancy at all I'm just getting prepared to argue this, as I'm almost certain that they will come back and tell me, 'its an admin fee'. THis time, its in the order of £60. In terms of the admin fee, they pretty much print off the same MS Word Document, which luckily I have a copy of too, and send it to me. SOme advice would be greatly appreciated as I'm in a bit of a rutt. I dont sign and I risk rent increases every 6 months, which has been happening (April and Oct/Nov each year) or I sign and get docked anyway. APril the contractual 4% admin increase and Oct/Nov the %10 greedy LL increase. Cheers, A

Hi there, I have just registered with this sit as I have been using it for a while now and I really need some advice please. I have finished my tenancy recently and my Landlord states that the property needs professional cleaning and that they want to charge me the following based on 3 quotes: - House clean - £320 (they are claiming 20 hours of work at £16 per hour Blinds clean (6 roman blinds) - £90 Carpet clean (5 small carpets) - £225 They have told me that it was my responsibility to leave the property as per the condition on the check-in report which said professional. I did not read this sentence in a letter they sent me 2 weeks before check and just cleaned the property myself. They claim that because I have kept dogs (which they agreed to) the dog hairs left require professional cleaning. I do not dispute that it needs cleaning but what I do dispute is their charges and their unwillingness to allow me to rectify the situation. The house a small extended 4 bedroom end of terrace and as such I have contacted 5 local companies to provide a quote, 1 have visited the property, the other 4 have not and the average total charge of a house and carpet clean is £300. The landlord and estate agents said that they are going to use their cleaners because my cleaner does not have public liability insurance and therefore is not professional. I have disagreed with this and as such they have chosen to take this to arbitration. Can I please have your view on this, especially: - 1. I feel that their quotes are unreasonable, would you agree? 2. They did not provide me with enough time after the check out report to rectify it (1 working day) 3. Dog hairs are not cleaned, they are swept/hoovered and as they allowed me to keep dogs, is this not wear and tear? 4. I was told that I could not be present at check out as this was a term and condition of the inventory company and the estate agent, however this is not written down anywhere as I was told this over the phone. 5. The check out report is twice as detailed (although same company) as the check in, double the photos etc. On another note during my 13 months of tenancy, I received a very poor service from landlord, including and septic waste tank that was no longer fit for purpose and was constantly full and smelt terribly, but they did nothing. Do you think I have a case for the arbitrators? Thanks in advance and apologies for the length of the message. Stuart

Can someone please advise me. Myself and my family (wife, 3 kids) are having problems at home and were accepted on the local authorities home finder program for private rent. I received a call from the estate agent on Monday morning informing me that there is a house i can see so made an appointment for 5pm. I went over to the street during my lunch break at 12pm and by coincidence i see the the estate agent showing the property to someone else. Once she had finished we had a short conversation and she offered to show me around. The 'viewing' lasted no more than 5 minutes and not all the keys were available so we could not even cover all areas. I felt under huge pressure to agree and accept immediately as "the previous viewer is going to take it", coupled with the fact that life were i'm living now is rather depressing and my wife is not happy at all, i agreed. I feel so stupid. I went to the estate agent yesterday again during my lunch break and signed many documents got the key and returned to work. When i finished work i went to the house and was horrified that i have been so stupid in signing a tenancy agreement for a property that is not fit to live in. here is what i found: a) Back door can not lock shut, always open b) Bedroom window permanently open due to missing handle c) Wires hanging from ceiling, no light, where there are lights the fitting has come away from the ceiling d) blocked plug sockets e) Unsafe garden, many many loose slabs on the garden floor, falling fence into neighbor f) filthy, rusty built in cooker that I was informed can be removed on Monday and replaced with my stand alone, now we can not. g) missing door handles on both sides of bedroom door h) cracked bath i) broken kitchen cupboard's I feel so stupid, and my wife is in tears as we really do NOT want to live in that area/house now even if they say they will repair everything. We are still at the same address and have not moved in. am in my rights to hand deliver the Key back to estate agent today (during my lunch break)? Is there a 14 day cooling off period for tenancy agreements like there is for other contracts? Thank you in advance for any light you can shed on this for me

Kids are a bloody nightmare. As above, my Son and 3 mates have had a 12 month FT AST from 8/9/2011 to 7/9/2012. This is managed by Leaders. They recieved an invitation to extend the contract from 8/9/2012 to 7/9/2013 (intention to renewal or similar) and have continued to live at the house. My Son popped into Leaders last week to ask for the current Tenancy to see if there was a leaving early clause as they all finish in May this year and didn't want to pay rent for the 3 months they wouldn't be there. They were given a copy of the original Tenancy and have never signed for 2012/13. In addition, the original has been signed on all 15 sheets by all 4 boys but the Owners have not signed the agreement. I take it, that as no Tenancy has been signed for this year, that it has become a Statutory Periodic Tenancy now, or am I mistaken? Sorry for the long post for such a small question!

Hi, This should be a quick question... My tenancy, which is via a letting agency, is due to end in the next month. They have been absolutely awful, pulling every underhand trick in the book, so I want to be sure I am 100% prepared for the inevitable deductions form the deposit. As my contract is with landlord I assume the potential claim through the Small Claims Court should be addressed to him? I don't have his address, so would it be wise to request this from the agency before the last 21 days of the tenancy? Thanks!

My aunt who has recently died and her tenancy agreement states that upon her death the property must be vacated within 28 days. It was a life time tenancy agreement where she paid peppercorn rent. The agreement was made in 2000 when she sold the freehold property to the current landlord. The task of clearing the property within the time scale will prove to be difficult (before selling the property her family had lived in the house through many generations and nothing was dispossed of) and the will states contents are to be distributed to various family and friends both in the UK & abroad. The landlord is a difficult person to deal with and has no compasion, he wants the property back to modernize and sell on. Is there any legal rights we have to extend this deadline. Thanks in advance for any advice.

Hello, I wonder if anyone here might be able to give me some advice on this issue. 12 years ago I moved in with my Father to care for him (dementia). This is a flat that he owns, no mortgage. Three years ago he was finally taken into a care home as it had become too dangerous for him to be alone while I was at work. At that time I was down as his carer. My sister, who then became legal power of attorney and lives abroad agreed that I could continue living here as long as I took over the bills and paid the twice yearly maintenance on the flat to the management committee. The council also agreed to this, and put a charge on the property. They are at the moment paying the care home fee's and when the house is eventually sold on my fathers death, they then recoup the money they have spent. Now, out of the blue, I have received a letter from my sister telling me I have to vacate the property in ten days time so she can sell it, or start paying my fathers care home fee's (very expensive) or start paying rent, a figure she has decided. My questions is two fold really: Firstly can she really throw me out in ten days time? Secondly can she change her mind on this agreement that we had for the last three years? I don't earn enough to rent another property so I am not sure what I would do. Thank you in advance.

Hi All, I hope someone can help me. Basically, I found a flat I really liked, paid the deposit to the agent, had the credit checks done and was told that my moving date would be Friday 1st February. I sourced movers, cancelled utilities and organised everything. On Monday 28th January, at 7pm 7pm, received the terrible news from the agent, who had been avoiding my calls for days, that there was a squatter in the flat, which apparently the landlord knew about but the agent did not. I don't believe this for a minute. I've had to pay extra money, which I wasn't expecting, to stay at my current flat for another week, but cannot stay at my current house longer than that as someone else is moving in. The squatter (a previous tenant who had access to the key to the property) has been issued with a court order to leave by this Thursday, but the landlord still can't tell me whether or not I can move in by the weekend. I MUST be out of my place by Tuesday,but I can't organise movers or plan anything until the landlord tells me when I can get the keys. The agent also has over £2000 of my money and my own money is running out fast. I am at a loss and will be homeless from Wednesday morning if I can't move in. The agent who has my money, is currently on holiday in America and the landlord is also away until tomorrow morning. They've said I will get "a few days" off paying the rent, but they haven't been specific about how many days, the letting agent has not sent another tenancy agreement and basically, I just don't know where I stand with all this. Can anyone give me any advice? I'd be so grateful. many thanks

hi guys having a bit difficulty interpreting the date when my deposit should have been paid into a TDS i paid my deposit in dec 2010. also what should a scottish landlord do with my deposit prior to the scheme being enforced. thanks in advance

Good Morning, I wonder if you knowledgeable can help me out with this one. I am currently house sharing with childhood friend of which I have recently fallen out with. We've been in the property since May 2012. We initially signed a 12 month lease on the property. Since being in the property there are several things I am unhappy with. Probably the thing I am most unhappy about is my housemates inability to pay his share of the rent AND he seems completely uninterested in sorting out his Housing Benefit. He is unemployed also and has made no effort to look for work nor even do chores around the house. In fact he seems quite happy and thinks it's perfectly acceptable to sit in-front of his computer all day and play games:-x Something my partner is also incredibly cross about. But that's another story. Also She would not be able to move into the house as she is at University in London studying an MSc Anyhow. I also have several medical conditions (which probably due to the stress this and several other things) is being made much, much worse. I am due to have serious surgery to put one of them right. Something under the current situation I am seriously considering delaying. Receiving a Court Summons for unpaid council tax which my housemate had told me was paid was the final straw! Simply truth of the thread is that I want to fold on the tenancy. Normally the letting agents would do 6 Month Agreements but ours was twelve which we actually signed to show commitment believe it or not... The tenancy will become due for renewal in May 2013. However sensibly speaking, Financially I will NOT be able to support the house even IF I evict my fellow housemate. It is unlikely I will find another individual to take my place in that time. Nor do I really want to, to be honest! The rent is £700 and the deposit secured is £969 My Dad also stood guarantor and has made it clear he WON'T pay my debts which I completely understand. I personally have NEVER had problems paying my rent since I was 17! Hence him standing guarantor was no issue for him. I have spoken to the letting agents and they said if I terminate early that I will be liable for the rent until May 2013 UNLESS they let the property before May 2013. They also said in this case I would be liable for a further £350 in Landlord Management Costs IF they let the property prior to May 2013. Can anyone offer me some advice on how I tackle this one please?

Hi I have a one year assured shorthold tenancy agreement. It contains no prohibition on keeping pets in the flat, as has been confirmed by my letting agent. However, I have received notice that, should I wish to renew the tenancy in July, the new lease agreement will contain such a prohibition. Are landlords/letting agents allowed to change terms and conditions other than rent on a renewal? Is there any legislation on this? Many thanks.

hi guys looking for some advice regarding the legalities of changing a tenancy agreement in scotland. i have now moved out of the property and my landlord is saying i am only due 250 deposit. i have a copy of my original lease dated 11-11-10 which states i paid 550, my landlord has a copy of the same lease dated the same date but the deposit amount says 250. i also have a recipt for 550. my landlord informed me that the document was edited at a later date to account for rent arrears. can they legaly alter a signed contract at a later date without informing me, would my signiture be required on any alterations? cheers in advance

Hi, I've been renting a house in Birmingham for under 6 months with no written contract and wish to leave the house. The tenancy has been somewhat plagued by problems - the landlord originally saying that a sofa was included with the room but this never materialising despite asking, the chest of drawers being in a state of 'repair' for the last three months and by repair I mean he took them apart but never bothered to put them back together, the TV connection in the room never being fixed are specific issues to my room but general issues with the house have been had by all seven of us from moving in. Having no written contract and no verbal agreement as to how much notice is required I have given him two weeks notice that I will be moving out by the end of December and wish to have my deposit returned, he is stating that I need to give a months notice. What is the best way to proceed with this? Thanks, Lissy

hello, i am in a joint periodic tenancy with another person who is the lead tenant on the deposit protection service record. i gave 1 month notice to quit to the letting agency, however they refuse to deal with me and have responded to the lead tenant saying that i am liable for the rent until a new tenant is found to take my place, beyond my 1 month's notice obligation as these are the terms in the assured shorthold tenancy contract which lapsed and became a statutory periodic tenancy and such terms are no longer valid. i foresee that they will withold my deposit for the 'due rent' and the lead tenant will agree to the deduction and not dispute the deposit deduction. what will my recourse be then? must i sue the lead tenant, or the landlord? perhaps if i threaten the lead tenant now they will agree to put the deposit into dispute. or i could send a letter to the landlord. regardless, this sounds like it's about to get messy... this is all down to the DPS not supporting joint tenancy deposits. if they had held my deposit separately, as they should have, there would be no problem. i would recommend another deposit protection agency than the DPS. their telephone support is great, but their claims system is a pain. i settled my last case with their adjudicator, they sided 75% with me, 25% with the landlord. i feel i should have received 80%-90%, i had the receipts to prove everything. thanks for your advice

Hi All and thanks for reading I have recently moved out of a property where I was on an assured shorthold fixed term contract(2 years but I came in as a replacement tenant for the last 10 months of it). 2 of the 3 housmates decided to leave the property at the end of the contract, as we didn't want to sign for another 2 years. The 3rd housemate has stayed on at the property. The problem is this- The estate agents refused to start a new tenancy agreement with him, as he is seen to be continuing the old tenancy. We refused to extend the tenancy, handing in a months notice(even though we didn't have to) via email and sent letters. ALL 3 HOUSEMATES agreed to terminate the contract at the end date. The one staying told me he was going to advertise for replacements, and that he had found someone already for my room, he told me that a couple of days after I gave him my notice, but to my knowledge he never attempted to get someone for the other room. I spoke to the guy moving into my room who said he would be able to move in before the end of the contract and give me some money back, so I vacated the house a week before I had to. Both of the leavers returned to the property to clean etc and left the house in a good condition. The remaining guy hasn't filled the house, and now the estate agents are saying that they will take the money for the rent out of the deposit we paid! So basically- 2 people leave, remaining housemate says he will sort out replacements, doesn't, and now we 2 have to keep paying rent for this guy to live in a 3 bed house by himself! He is very childish/aggressive so trying to reason with him and sort the issue out is proving very difficult and the estate agents are siding with him, saying that we are liable for the rent, as him staying has now moved the contract on into a periodic tenancy. The only 2 possible actions I can see to take are 1- immediately hand in notice to end this new tenancy that he has created(which will mean he has to leave the house- I would rather not do this as it is in effect making him homeless-I still have a conscience, even if he is proving not to so much) or 2- he manages to find people to fill the rooms OR pays us the money that will be deducted from our deposits. Obviously he isn't going to do the latter, which leaves me no choice but to terminate the new tenancy. Any help or advice on this would be massively appreciated as the situation is upsetting, stressful and potentially expensive!(This is London rent so will be £550 for each housemate per month). Thanks, Finarina

Hi My daughter has been renting a property for just over 6 months. She has now chosen to go to another town. The original tenancy contract was a 6 month contract which expired on the 18th November 2012. After asking the landlord how much notice she had to give, the reply was one month, as although nothing was stated in the original contract, I have been lead to believe that this then automatically goes on to a Standard 'statutory periodic tenancy' The issue that has now come up, is that my daughter has now found another property,and therefore gave the landlord one month's notice, as of the 23rd November 2012. She has paid her deposit on the new house, and her contract starts on her new house on the 14th of December 2012 (to give her a week to move in). The landlord has now come back and said, that the one months notice has to be as from the 18th December 2012, as the 18th of the month is when the old tenancy contract began, which results in her actually giving her 8 weeks notice. Where do we stand? Do we have to do as the landlord is stating? Hopefully not, as my daughter has not got the extra month's rent, and we all know who will be paying it ( I love you Mummy & Daddy ). If this is the case, and we do end up having both properties for one month, how do we then stand in that the 'old' house will more than likely be left empty during this period. Thanks in anticipation of your response:???: Regards Jon Sandalls

Good morning ladies and gents I must be short of a few things upstairs, as I have browsed through the categories and couldn't find anything related to tenancy issues. Could someone point me in the right direction please:|

Hello all, My flatmate has recently moved out of our 2 bedroom flat. We moved in Sept this year and both signed a joint tenancy agreement. I have informed the letting agency who have informed me that: "The tenancy you have both signed means you are jointly and severely liable for all rent for the duration of the tenancy term. In order to be released from your contract you would have to find tenants to replace yourselves or the property is relet. You are responsible for all rent to the point of changeover and the ‘assignment of tenancy’ charge." I intend to reside in the property and i'm currently advertising for a replacement housemate. However, I can only afford to pay my share of the rent and therefore the property is now accumulating arrears. Can someone please advise me of the best course of action? P.S I am aware that this thread has been posted in the wrong forum section however I was unable to access the correct forum to post this in. Apologies.