I want my tenancy to remain periodic but …

I want my tenancy to remain periodic but …

8:16 AM, 16th April 2014, About 10 years ago 72

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I’ve received a letter from my letting agency (not going to name them) saying that the guidelines and regulations have changed regarding my tenancy going to periodic. I want my tenancy to remain periodic but

I pay monthly so does not seem to make sense to me. Then it goes on to say I might, in the next few months, have to sign a 6 months tenancy and thereafter it will change back to monthly after that all because of this change.

I’m not happy with my landlord as I have been in the property for 2 years and have asked for work to be done (basic maintenance to the building such windows and damp which is up to him as the landlord) and nothing been done. Due to my circumstances though I’m stuck here for now.

Can they make me sign this 6 months agreement?

They have breached their side of the contract and it seems the law favours the landlord.

I’m stuck and would like advice as I have always paid my rent and due to my current position I would find it hard to move so I’m stuck in catch 22.

Any advice please would be much appreciated.

Many thanks

Michelle


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Comments

Michael Barnes

21:29 PM, 16th April 2014, About 10 years ago

Reply to the comment left by "Michelle Elaine" at "16/04/2014 - 18:12":

I believe that being listed does not necessarily mean that you cannot have double glazing. And it is possible to get double-glazed sash windows.

All BankersAreBarstewards Smith

22:35 PM, 16th April 2014, About 10 years ago

Reply to the comment left by "MdeB " at "16/04/2014 - 21:29":

of course it is possible - but a lot more expensive and very time consuming to get the various approvals which are required for external changes....

Michael Barnes

11:20 AM, 17th April 2014, About 10 years ago

Having slept on this and discussed letting agents with my window cleaner I have the folowing to suggest. I believe it is valid, but if not then I am sure that my learned fellow posters will educate me.

I am generally of the opinion that a 'gentle' approach is more likely to get satisfaction than an aggressive approach.

It seems to me that Michelle does not want the unneccessary expense of a new agreement, and who can blame her?

My suggestion is the following approach:

Advise the agent that you are willing to sign a new agreement on the following basis:
1. It will not cost you anything (no fees for the new agreement; no increase in rent).
2. The initial term is one month (could go to two months in negotiations).
3. There are no new restrictions on your occupancy.

Don't tell them why; just that you have been advised that this is a reasonable approach.

If this is agreed, then you will be in essentially the same position as you are at the moment, BUT with added security:

A. The landlord cannot issue a section 21 notice (effectively notice to quit) for 6 months, giving you more security.

B. You can still give 1 month's notice (ending at the end of a rent period) if you find somewhere better. (As you cannot give notice to quit until the tenancy has started a one-month and a two-month initial period effectively tie you in for two months).

C. You are protected against rent increase for at least 6 months.

D. Provided you comply with the terms of the letting agreement you can persue an aggressive line on the state of the flat without fear of being evicted in the next 6 months.

However, I am not sure what the effect of a new agreement would be on the existing issues; could they be deemed as 'acceptable' by signing?
Perhaps others with greater legal knowledge than I have could comment on this point.

Michael Barnes

11:26 AM, 17th April 2014, About 10 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "16/04/2014 - 22:35":

Yes, always those £s get in the way!

I believe that it is easier to get approval for secondary double glazing, which leaves the external appearance effectively unchanged.

It probably also depends on the grade of listed building. But given that permission was given to convert to flats it cant't be too onerous to get approval for double glazing, can it? (written from a position of ignorance on these matters)

What do i do?

13:59 PM, 17th April 2014, About 10 years ago

Hi there is no mention in the letter of money? Or fee? I'm assuming there will be one and no don't want the expense but more to the point why should I sign anything when they breach the terms themselves????

Roy and Tania

16:32 PM, 17th April 2014, About 10 years ago

Reply to the comment left by "Michelle Elaine" at "16/04/2014 - 13:58":

Hi Michelle

Did the Letting Agent just tell you that your deposit would be placed in a Tenancy Deposit Scheme OR did they actually do that AND provide you with a certificate for this? That certificate should have been accompanied with an additional document called the 'Prescribed Information'. Both documents should have been given to you, along with a leaflet telling you about the TDS scheme and what to do at the end of the tenancy. These documents must be given/handed/sent to you within 30 days of paying your deposit. The LA/LL has a legal requirement to do this.

If this was not provided, then it will in some way protect you IF the LA/LL wish to be more aggressive in the future. A section 21 notice to quit is not valid if the TDS documentation is incomplete or late but a deposit could be repaid later by the LA/LL and that will make a subsequent s21 valid. Its complex and I'm reading a lot here about Environmental Health, courts, etc.. been there, got the T-shirt.

Meanwhile, I suspect that Mark's first answer to your OP is the correct approach.

Did you receive ALL of this documentation AND within 30 days?

What do i do?

17:12 PM, 17th April 2014, About 10 years ago

when i signed on the day, i got a copy of my contract and a certificate that it was registered and that was given to me, they also said they would be out to do an inventory!! they can do it with me or when im out but i said no it will get done with me, but that has never happened. Feels like im being taken for a idiot and fell like one 🙁

Would anybody know how to print the comments off so i can refer back to them only for myself as im looking into it and the advice ive been given has been great

All BankersAreBarstewards Smith

17:20 PM, 17th April 2014, About 10 years ago

Reply to the comment left by "Michelle Elaine" at "17/04/2014 - 17:12":

if no inventory has been done then they cannot claim any disrepair against your deposit... so that's one bright bit of news for you.......

Laura Delow

17:38 PM, 17th April 2014, About 10 years ago

ABAB Smith correct but it sounds like you keep the property to a good standard. Mark Alexander (the wonderful Founder of Property 118) may know how to print all the comments. If not, I can copy all of them for you in seconds on to a word document & send the doc as an attachment by email to you if you give me your email address.

Industry Observer

18:48 PM, 17th April 2014, About 10 years ago

Reply to the comment left by "Gilly " at "16/04/2014 - 09:53":

Just wanted to be clear Gilly that you are not saying the papers Mydeposits issue to you are all you need to give to a tenant?

I ask because I am dealing with a situation at the moment where that is exactly what an agent has mistakenly done, on goodness knows how many tenancies. Issued the Information for Lead Tenant in the mistaken belief it is Prescribed Information.

All any scheme does in relation to PI is have a template document on the website that you can use - and for which they disclaim liability!!

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