Is it a fixed term tenancy? advice, please

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    Is it a fixed term tenancy? advice, please

    Dear friends,

    I live in Sheffield. I have an agreement which I didn't made with the owner of the house but the person who took the whole house.

    Do I have the rights to let my 'landlord' show me the documents which can prove my 'landlord' have the rights to sub-let? If I have the rights, how should I do? If he doesn't have the rights to sub-let, the agreement is invalid, and I may be evicted by the owner of the house.

    If the agreement is legal, is it a fixed term tenancy? If I want to end the agreement, what kind of risk I may undertake? Or, how should I do?

    Thanks!




    The following is part of my agreement:

    Date **********

    Property A single room of the property situated at and being
    ***********

    Term The term of the Agreement is a periodic tenancy commencing at 12:00 noon on 21 May 2009 and continuing on a month-to-month basis, until 15 Jan, 2010.

    Rent **** per week, including water, internet, gas and electricity bills.

    Payable First payment to be made on *****; the second payment to be made on *****. The payment must be paid two weeks in advance, for the following four weeks.

    Deposit Deposit ***** paid, for the completion of the term

    IN CONSIDERATION OF Party A letting certain premises to Party B and the mutual benefits and obligations provided in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:

    1. This is an agreement to create an Assured Shorthold Tenancy as defined in Section 19A of the Housing Act 1988 or any successor legislation.
    2. Party A agrees to let to Party B one room in the property of *****, for use as residential premises only. Neither the Property nor any part of the Property will be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for the purpose other than as a private single residence.
    3. No pets or animals are allowed to be kept in or about the Property.
    4. Subject to the provisions of this Agreement, tenant is entitled by the use of parking (the ‘Parking’) on or about the Property. Only properly insured motor vehicles may be parked in the Tenant’s space.
    5. Party A has supplied and Party B agrees to use and maintain in reasonable condition, normal wear and tear excepted, the furnishings noted in the inspection report completed before the tenant took possession of the Property.
    6. Party B agrees and acknowledges that the Property has been designated as a smoke-free living environment. The Tenant and members of Tenant’s household will not smoke anywhere on the Property nor permit any guests or visitors to smoke on the Property.

    Parties A **************
    B **************

    Signed ***********************
    Date ********************

    #2
    1. Let's say that L let whole house to T. T has sub-let part to you.

    2. T's subletting binds T and you. If L's letting to T prohibited or restricted sub-lettings (and most lettings do), it does not bind L unless T obtained L's consent to what would otherwise be a breach by T.

    3. The wording is obviously cack-handed [technical phrase, there]. What are we to make of this clause, which includes elements of both fixed term and periodic? Why would anyone draw such a bonkers provision (and why did you sign it too)?

    -The term of the Agreement is a periodic tenancy commencing at 12:00 noon on 21 May 2009 and continuing on a month-to-month basis, until 15 Jan, 2010.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Originally posted by jeffrey View Post
      1. Let's say that L let whole house to T. T has sub-let part to you.

      2. T's subletting binds T and you. If L's letting to T prohibited or restricted sub-lettings (and most lettings do), it does not bind L unless T obtained L's consent to what would otherwise be a breach by T.

      3. The wording is obviously cack-handed [technical phrase, there]. What are we to make of this clause, which includes elements of both fixed term and periodic? Why would anyone draw such a bonkers provision (and why did you sign it too)?

      -The term of the Agreement is a periodic tenancy commencing at 12:00 noon on 21 May 2009 and continuing on a month-to-month basis, until 15 Jan, 2010.


      Thank you very much. Actually, I am a visiting student at University of Sheffield. I am not familiar with the law of UK and have no experience. I just believed him, yeah, really looks like stupid. But how should I do?

      Thanks!

      Comment


        #4
        Best advice (in this case and life generally): do not agree anything with anybody unless/until you understand what you're doing!
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Originally posted by jeffrey View Post
          Best advice (in this case and life generally): do not agree anything with anybody unless/until you understand what you're doing!

          I agree. I have learned a lot from my mistake. Thank you!

          Comment


            #6
            Originally posted by dfnuaa View Post
            Dear friends,

            I live in Sheffield. I have an agreement which I didn't made with the owner of the house but the person who took the whole house.

            Do I have the rights to let my 'landlord' show me the documents which can prove my 'landlord' have the rights to sub-let? If I have the rights, how should I do? If he doesn't have the rights to sub-let, the agreement is invalid, and I may be evicted by the owner of the house.

            If the agreement is legal, is it a fixed term tenancy? If I want to end the agreement, what kind of risk I may undertake? Or, how should I do?

            Thanks!
            What is the actual problem? Is your landlord trying to make you leave (and you don't want to go), or do you want to leave, and landlord is saying you can't end the agreement early?
            Last edited by westminster; 10-06-2009, 15:45 PM. Reason: correction

            Comment


              #7
              Originally posted by westminster View Post
              What is the actual problem? Is your landlord trying to make you leave (and you don't want to go), or do you want to leave, and landlord is saying you can't end the agreement early?
              The actual problem is that I want to leave because I suspect my landlord have no rights to sub-let, and my landlord is saying I can't end the agreement early. If I want to leave, my landlord said I couldn't get back my deposit and he would also take me to the court to let me pay all of the rents as a fixed term tenancy. Thanks!

              Comment


                #8
                Hi,

                And another question:

                Do I have the legal rights to let my landlord give me (or show me) a copy of his agreement with his landlord (the owner of the property), or something else in writing, which can prove my landlord have the rights to sub-let even after I have signed the agreement? If I have these legal rights, how should I do? My landlord said because I have signed the agreement and it means I have agreed this agreement, I have no rights to require him to do these things now. Is this true?

                Thanks!

                Comment


                  #9
                  Originally posted by jeffrey View Post
                  Best advice (in this case and life generally): do not agree anything with anybody unless/until you understand what you're doing!
                  The country - and the education system in particular - would grind to a standstill.
                  'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                  Comment


                    #10
                    Originally posted by mind the gap View Post
                    The country - and the education system in particular - would grind to a standstill.
                    It has, at least:
                    a. in London (virtually no Tube services);
                    b. in Sheffield (ludicrous rain yesterday afternoon); and
                    c. in Parliament ('nuff said).
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                      #11
                      Originally posted by dfnuaa View Post
                      The actual problem is that I want to leave because I suspect my landlord have no rights to sub-let, and my landlord is saying I can't end the agreement early. If I want to leave, my landlord said I couldn't get back my deposit and he would also take me to the court to let me pay all of the rents as a fixed term tenancy. Thanks!
                      I suggest you contact Shelter for advice on whether the tenancy agreement is valid. They are a charity who help people with housing problems. You can find a branch here:

                      http://england.shelter.org.uk/get_ad...ices_directory

                      Comment


                        #12
                        Originally posted by westminster View Post
                        I suggest you contact Shelter for advice on whether the tenancy agreement is valid. They are a charity who help people with housing problems. You can find a branch here:

                        http://england.shelter.org.uk/get_ad...ices_directory
                        Thank you very much!

                        Comment

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