Suing landlord, what next after LBA?

[Lea_HTH]

What does this mean? Don't see how how I'm the one responsible for sorting this. If she's forgotten in her failed management of her files why should I care? I won't be lawfully subject to any charges will I?

 

What 'charges' are you referring to?

 

A tenancy agreement for six months, when not renewed, becomes a periodic tenancy, on the same terms as the fixed term. Your responsibilities and the LL's remain the same.

 

If the contract states end of March, and you both signed it, then the contract ends at the end of March.

[Ediej6]

A Periodic Tenancy stays in existence until one party terminates it, so you can carry on with this rolling contract indefinitely. Your Landlord will have to serve notice on you of 2 months (rent periods) and you will have to give one months (one rent period) notice to quit (although if you pay 6 monthly this will still be two rent periods for you and one rent period for the LL i.e. 1 year for you and six months notice for them). Your Landlord has to serve a Section 13 notice on you if they want to increase the rent at any time under this Periodic arrangement. If you are both happy with it, then you are safe to leave it, as the same terms and conditions apply as in the original Tenancy Agreement. It will save you both a further fee from the Agent for a new Tenancy Agreement that you don't really need!

[marlow]

I just re-read the contract and it states if on coming to the end of the fixed term the landlord does not seek possession and the tenant remains in the property then they will be consdiered to have a statutory periodic tenancy until ended by either party. I don't know if this means another fixed term of 6 months or now a month by month basis...?

[marlow]

Your Landlord has to serve a Section 13 notice on you if they want to increase the rent at any time under this Periodic arrangement.

 

The contract states the rent will increase every 12 months in accordance with the Index of Retail Prices, so what sort of increase is that likely to be? Rent is £500/month. I woulnd't have thought any increase could be a round number if in line with inflation..?

[mariner51]

I just re-read the contract and it states if on coming to the end of the fixed term the landlord does not seek possession and the tenant remains in the property then they will be consdiered to have a statutory periodic tenancy until ended by either party. I don't know if this means another fixed term of 6 months or now a month by month basis...?

 

As edie has stated, the length of Notice for SPT is governed by Tenancy Period length. In your case, if orig AST states 6 months rent payable in advance and not per cal month, the 1 T period = 6 months. However SPT requires any Notice must be served be end of 1 tenancy period to expire at end of next rel T period and T Notice cannot be served before SPT has commenced, so you could be locked in for 1 year if you wanted to leave and 18 months if LL served s21a LL could serve a 21b now before fixed term ends and seek repo within 6 months

You can leave without Notice on/by last day of fixed term to avoid SPT, though some notice of intent would be a courtesy, esp if you hope for a LL ref.

Not sure what change in RPI has occurred in the last 12 months, lets assume 4.5%, so rent of £500 pcm should rise to £522.50 pcm.

If you attend staying for further 6+ months, I would approach LL for a new 6 month AST with higher negotiated rent payable in advance per cal month. Hence when the new FT ends the SPT tenancy period is only 1 cal month.

(LL can always accept an offer of early surrender during FT, but you would have to agree a level of compenasation for LL)

[marlow]

The original contract is fixed term 6 month, it states £500 is payable 1st of each month. However I have paid the whole 6 months up front for 3 FT's now, but as the writing states I can pay monthly then I have reverted to doing so, paid in first month yesterday. So is this contract now 6 month fixed or monthly?

[mariner51]

If you have signed 2 subs ASTs for 6 month FT ea, then it is the wording of the last (current) AST that is relevent.

If you haven't renewed, then Sep 12 AST is extant and since the FT has expired, it has now become SPT on same T&Cs (excpet for due Botice periods)

[marlow]

Nothing is renewed hence the OP. So is it 6 month fixed or monthly? You write to technical for me, a yes or no will do. and thanks alot

[mariner51]

Yes or No is not poss IMO. It would depend if Judge considered your initial block 6 month rent represents rent for 1 T period (6 month).

We need to see precise wording of latest AST for length of fixed term and rent frequency required.

[marlow]

I am back in this situation again now. This time around there is a fixed ONE YEAR AST but with a clause to move out after 6 months. That 6 month period is up at the end of July however I am moving out and it's 7 days into the month now so can I still give notice for the last 3 weeks?

[marlow]

Ah, in actual fact contract doesn't end til end of August so am ok

 

But while I'm here, I was told by my neighbour that the previous tenants never got their deposit back. I'm assuming there wasn't a TDS in place for them as I think their tenancy started a few years ago when most people knew nothing of those schemes. So am hoping with a TDS in place for me I won't get tucked up.

 

However I just know they'll try it on so would it be advisable to say get my own closing inventory drawn up privately? Contract is not through an agent. There's an inventory from the original agent when I first rented here, but now we're private between ourselves with no middle man, so I don't even know if the LL has a copy of it but will presume they must have.

 

So, the place is in exact same nick as when I got it, except it's going to be even better cuz I'm gonna paint a few walls that I've slightly marked.

 

There's two things I reckon they'll try to pull on me. One is the shower drainage. It's slow, to the point where you're standing in 4" of water befire it suddenly starts to subside. This was the case when I very first moved in but obv nothing like that is going to be in the inventory so they could pull a fast one making out they had to get plumbers out. Secondly the bathroom extraction fan is pretty much seized up. Well it works still but takes about 1 minute to get going. Now surely both those things can only be put down to wear and tear, it's not like you can actually do anything to ruin a fan!!!

 

And I've just spotted a crafty one so glad I re-read the contract!! It states any notices should be served to a different address than that of usual correspondance. That is obviously to trick tenants to sending notice to the wrong address so you can already see what conniving ****ers they are.

[marlow]

Can I get an advice on this?

 

Another thing has arisen having re-read the contract once again. What it is is a 12 month fixed term but with a get out clause from anywhere beyond 6 months, only the wording states TWO months notice need be given by the tenant. Now we know the law states tenants only need to give one month, but as this is a weird sort of contract, will I need to give two months by law?

[mariner51]

T cannot serve NTQ during fixed term, but can leave on last day. Neither can LL seek repo before end of fixed term, even if he has served requisite 2 month Notice

At end of fixed term, SPT is created from AST with new rules for Notice period, for any other T, the resulting periodic T still requires the Notice period stated in original Contract ie 2 month

A break clause only has the effect of ending the fixed term and replacing it with a periodic T. So T can serve reqd 2month Notice to activate the break clause on expiry by date specified in break clause.

 

It's Sun and hot, try Google for clearer explanation.

[raydetinu]

If you using the break clause to leave then you need to give 2 months notice, if that is before the end of the contract.

You should know if your deposit is protected because the LL is required to give you this info. ( in breach of housing act if he does not )!

[marlow]

So when my tenancy started mid 2011 it was through an agent, TDS was all legit etc. But around 14 months later LL quit the agent and private contracts were exchanged between us. Agent sent my deposit to LL in the form of a cheque written out to the TDS/DPS whatever it's called. Upon giving my notice recently LL has informed me cheque hasn't been paid into TDS, all I said was get it in there then. So I'm not sure if it's gonna be in there come leaving date or what.

 

What should I do? Think I'm reading there's some sort of claim in it for simply not having it deposited within 14 days of contract? When researching it I find it all extemely confusing. Would prefer non jargon and just leyman's answers if anyone would be so kind, thanks alot.

Edited July 26, 2013 by marlow

[sequenci]

Hi there.

 

The Shelter website is what you need at times like this:

 

http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/getting_an_unprotected_tenancy_deposit_back

[raydetinu]

As long as you get all back, what has he said about that?

If he is going to give it back promptly, why bother to protect it now?

You could sue for non protection but could be lengthy and costly up front.