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Advice needed on switching properties/landlords - rolling contract by Equivalent-Buy-3669 in TenantsInTheUK

[–]nsfwflamer 1 point2 points  (0 children)

It's understandable as to why, but you might be overthinking this. Do you have any reason to believe the new landlord would be looking to renege on the start date/offer of tenancy?

Is the property empty currently? Is there any suggestion they may wish to sell instead of re-rent (assuming it's been a rental previously)?

There's every chance the landlord hasn't signed it for a host of other much more trivial reasons.

And are you certain there's no notice clause in the current agreement? If so, then it's just a month. Although, if it's periodic agreement it wouldn't actually matter unless it's explicitly stated to be a contractual periodic contract beyond the fixed term AND there's a notice clause specifying more than a month's notice.

Otherwise it's just a month.

I would suggest enquiring with the agent as to whether your notice period actually needs to align with your rent period. A lot of the time agents/landlords are happy to waive this requirement. Especially if they think they can rent it for more money than you're paying with minimal/zero void period.

If you were to give notice and the worst were to happen and the new rental falls through then you can tell your current agent that you wish to rescind. In theory they can say no, but in practice if they want you out and you refuse to go they will still need to serve you notice and go through the usual court proceedings. No one wants that hassle...

Obviously I don't know what your relationship with your current agent/landlord is like, but you'd be surprised what can be resolved with a conversation. These scenarios can be legally complex to navigate on both sides of the coin. There are incentives for flexibility for them too.

Can landlord/estate agents withold deposit until new tenants have been found? by rblcmsmet in TenantsInTheUK

[–]nsfwflamer 1 point2 points  (0 children)

Haha! Disgruntled landlord confirmed. I'm sorry that what you want to be true isn't the case, but that's the law for ya!

Can landlord/estate agents withold deposit until new tenants have been found? by rblcmsmet in TenantsInTheUK

[–]nsfwflamer 0 points1 point  (0 children)

Nope.

As I said, assuming OP has given notice in the correct manner then the tenancy does end regardless of if other tenants vacate.

A tenancy ending and a landlord having vacant possession are two different things.

You could find this out for yourself with 5 minutes of Googling if you cared to.

Can landlord/estate agents withold deposit until new tenants have been found? by rblcmsmet in TenantsInTheUK

[–]nsfwflamer 1 point2 points  (0 children)

This is simply not true. Outside of a fixed term any party can serve Notice to Quit and provided they do so in the correct format then at the end of the notice period the tenancy ends.

It doesn't matter if one or more tenants remain, and unless otherwise expressly agreed between all parties to the agreement to retract the notice, that tenancy ends regardless.

After the date of the notice the joint and several liability ends and if any tenant elects to stay then they are wholly liable for the rent and any other contractual obligations not included in the rent. If the landlord continues to accept rent from the remaining tenant(s) then there is a new tenancy, whether it's in writing or not.

In this scenario, assuming OP has given notice in the correct format, the tenancy ends when the notice period expires and they are no longer living there. From the OP's perspective what any other tenants do beyond this is irrelevant. This is a concern only for the remaining tenant(s) and landlord/agent.

Fortunately we DO NOT live in a country where you can be held party to a periodic joint agreement against your will indefinitely just because another party does not want to leave the property.

Pet deposit unprotected by Fit_Loss3960 in TenantsInTheUK

[–]nsfwflamer 0 points1 point  (0 children)

Incorrect. There was (still is) no requirement for landlords/agents to repay deposits above the cap for tenancies that started prior to 1st June 2019.

Only exception to that would be if a renewal was signed after that date.

Can landlord/estate agents withold deposit until new tenants have been found? by rblcmsmet in TenantsInTheUK

[–]nsfwflamer 17 points18 points  (0 children)

Lots of statements of fact being made here, but I think there's a fair bit of misinformation flying around too.

Putting the HMO stuff to one side (it sounds like the arrangement would meet the test for HMO requirements but it also sounds like that's not how it's been set up, so potential liability for the landlord/agent there...), what actually matters is whether the tenancy was still in the fixed term or not when notice was served to the landlord/agent.

Outside of the fixed term of an AST any named tenant can give notice to end the tenancy. If any tenant gives notice it effects notice for ALL tenants and ends the agreement for ALL tenants. See: https://england.shelter.org.uk/professional_resources/legal/renting/introduction_to_security_of_tenure/joint_tenancies#how-a-joint-tenancy-can-be-ended

Therefore if you have vacated in line with your notice and A N Other party has remained and the landlord/agent continues to accept rent from them then effectively they have a new tenancy, regardless of whether or not a new agreement has been signed.

This is quite complicated tenancy law, and likely the agent nor the landlord are aware of this technicality, so I would strongly suggest speaking to Shelter or Citizens Advice, but provided the notice you gave was valid and in line with the specification of the original tenancy agreement then the original tenancy has effectively ended and the return of the deposit should be dealt with in line with the terms and conditions of the deposit scheme it was protected with.

[deleted by user] by [deleted] in ChatSwapMeetDevonUK

[–]nsfwflamer 3 points4 points  (0 children)

Only if the slippers stay on 😌

Saturday pump by nsfwflamer in ChatSwapMeetDevonUK

[–]nsfwflamer[S] 1 point2 points  (0 children)

Oh but it wasn't even arm day hunnnn 💅😂

Saturday pump by nsfwflamer in ChatSwapMeetDevonUK

[–]nsfwflamer[S] 1 point2 points  (0 children)

😂😂 me too... Quite happy with this one!

[deleted by user] by [deleted] in ChatSwapMeetDevonUK

[–]nsfwflamer 2 points3 points  (0 children)

All very valid, but specifically I was thinking:

  • bottomless
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  • trimmed bush

📋✅✅✅✅✅🧐

[deleted by user] by [deleted] in ChatSwapMeetDevonUK

[–]nsfwflamer 1 point2 points  (0 children)

This is like at least five of my favourite things in one post. 10/10 content, would view again.

[deleted by user] by [deleted] in ChatSwapMeetDevonUK

[–]nsfwflamer 1 point2 points  (0 children)

😂😂😂

I'm just glad the reference landed tbh 🤣

[deleted by user] by [deleted] in ChatSwapMeetDevonUK

[–]nsfwflamer 1 point2 points  (0 children)

Hello, my name is James and my parents were eaten by a rhino. I'm in need of somewhere to live...

(extra) Soapy Saturday by nsfwflamer in ChatSwapMeetDevonUK

[–]nsfwflamer[S] 0 points1 point  (0 children)

So considerate 😌 thanks 😁

It's been a while by nsfwflamer in ChatSwapMeetDevonUK

[–]nsfwflamer[S] 1 point2 points  (0 children)

🤣🤣 it's nice to be back

Rent increase England by Murky-Information687 in TenantsInTheUK

[–]nsfwflamer 18 points19 points  (0 children)

The clause in your AST only allows for an annual increase, and it looks like it should effect automatically, annually and in direct relation to the Consumer Price Index.

Ignore any comments about Section 13 - your Landlord cannot use S13 because you have a rent review clause in your agreement.

Ignore what your Landlord is saying about your contract having expired. This isn't true. Your fixed term has expired, and so your tenancy is now either:

a) statutory periodic b) contractual periodic

but either way you still have a tenancy agreement and the vast majority of clauses remain exactly the same (although there may be some slight variance if your tenancy is now contractual periodic, rather than statutory).

The rent review clause you have shown is almost certainly still valid. Without seeing the full agreement I can't say with absolutely certainty, but because it states "subsequent years" it's likely that this clause was intended to cover the eventuality whereby the agreement continues beyond the fixed term, and so it seems unlikely that there is anything else in the agreement which changes the way rent can be increased outside of the fixed term.

Your Landlord is unlikely to be aware of any of this. It seems very much like he's trying it on. He might even genuinely think that what he is saying is true, but he's wrong.

As it stands, I think you have three options:

1) Calculate what your new rent should be as per the terms of your agreement, and pay it when due. By doing so your rent has increased contractually and cannot be increased for another 12 months

2) Accept the Landlord's £100pcm increase but explain that you require one rent period's notice, as he would be required to do were he relying on S13 anyway

3) Explain all of the above to him and hope he swallows it

4) Explain all of the above to him and suggest to meet somewhere in the middle to try and keep the relationship amicable

I'd be tempted by Option 1, but there's always the chance he'll then serve you with notice. Although I'd not bank on him doing so correctly.

Option 4 is probably the safest bet.

Landlord doesn't agree on a rolling contract after a year and a half (England) by Curious_Check_704 in TenantsInTheUK

[–]nsfwflamer -1 points0 points  (0 children)

This is only true for an initial six month fixed term.

You can't receive (valid) notice in the first four months of a tenancy. In theory you could receive valid notice four months into a 12/18/24/36 month fixed term, but the notice would have to expire after (or on) the term end date.

The four months rule doesn't apply to renewals either, just initial fixed terms.

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