Advice on 6month AST

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Advice on 6month AST

    Hi everyone,

    I'm just after some advice please. I'll give you all the full story...

    I moved into a flat that is part of a block of 20 flats owened by the same person/company on 14th July after signing a 6 month lease. Since then we have had nothing but problems.

    Firstly, after moving in there was a few things that either didn't work or were simply badly fitted.

    The list includes:
    • Faulty washing machine
      Bedroom light switch broken
      Interior kitchen door doesnt close properly
      The lights in the communial stairway do not work (very difficult to see when coming in at night)
      Carpets were not finished in communial stairway (LL promised this was being Completed first week of august)
      Carpet uneven (badly fitted) in living room,
      No post box (all letters were being delivered through a communial letter box)


    Im sure there was a few more but cant remember now.

    Anyway, this was all reported to the LL after a few days and when speaking to him, everything sounded positive and he promised to have everything fixed, starting with the washer.

    Heard nothing from the LL after 2 weeks so I attempted to follow up and again was told that it is underway and everything will be sorted soon. After this I was unable to get in contact with the LL as he refused to answer his phone. Eventually, toward the end of September I managed to get in contact and he apologised for not answering his phone and the excuse was he didn't recognise the number

    The washer was then replaced a few days after, however, all the other faults/Problems remain.


    That is one side of our story, now for the other side to our life in the new place.

    When we rented the place we were awere that it wasn't too far away from an area that was known in the past to be a bit dodgy. I queried this with the LL and he assured me that times have changed and they have had no problems with the flats.

    About 3 weeks after moving in, the flat opposite ours was broken into. The police caught the 2 criminals inside so I assume they were charged etc.

    There has been continuous problems with kids hanging round the flats (12-13 yr old at a guess) causing damage and ringing doorbells etc

    Then at the beginning of this week we were awoken late at night to a car full of thugs smashing up my girlfriends car and also causing a bit of damage to mine. This was completly un provoked and we were absolutly stunned. The police wernt really interested either.

    I spoke to the LL first thing in the morning and expressed my wish to move out of the property. He said he understands the situation and verbally agreed to allow us to leave, stating as long as we pay the rent up untill the day we move out. He also agreed that we would receive our deposit back.

    Since the incident we have moved most of our stuff with only a few things left that we will get at the weekend.

    Then yesterday, I get a text message from the LL saying "Hi, hope u both ok, just to let u know the bank is playing hard ball with regards to rent outstanding, They want paying in full"


    What I dont understand is why he is mentioning the bank? I pay him rent, not the bank.

    If the LL goes back on his word and decides not to let us end the tennancy, do I have any chance of getting out of paying the 3 months remaining?

    If not, am I required to pay this all at once, upfront?
    Any advice you could give me would be great?
    What is the best way to proceed?

    Many thanks in advance

  • #2
    Originally posted by Moag View Post
    He said he understands the situation and verbally agreed to allow us to leave, stating as long as we pay the rent up untill the day we move out. He also agreed that we would receive our deposit back.
    Is AST in England or Wales, and annual rent less than £25k?
    Were you given deposit protection info. at tenancy start?

    Originally posted by Moag View Post
    If the LL goes back on his word and decides not to let us end the tennancy, do I have any chance of getting out of paying the 3 months remaining?
    You will be liable for rent as stated in your AST up to and including the last day of the fixed term, unless LL has given permission to end tenancy early; it's advisable to get this in writing. What does AST say regarding notice periods?
    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

    Comment


    • #3
      Hi Tom,

      Yes this is in england and rent is under 25k, deposit protection info was not given but i am led to believe that it is protected.

      He did give permission verbally but nothing in writing. I need to give one months notice to leave but this can only be given after 5 months to allow me to leave at the end of the agreed 6 months.

      Has the LL fulfilled his side of the agreement? In my opinion, he has not?

      Thanks

      Comment


      • #4
        Originally posted by Moag View Post
        ..deposit protection info was not given but i am led to believe that it is protected.
        Request LL gives you this info., as he is legally obliged to do so.

        Originally posted by Moag View Post
        He did give permission verbally but nothing in writing.
        You'll need it in writing.

        Originally posted by Moag View Post
        Has the LL fulfilled his side of the agreement? In my opinion, he has not?
        What does agreement say regarding LL's obligations to property maintenance (assuming this is what you mean)?
        The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

        Comment


        • #5
          Originally posted by Moag View Post
          I need to give one months notice to leave but this can only be given after 5 months to allow me to leave at the end of the agreed 6 months.
          If you simply wish to leave the premises on the day when the fixed-term (six-month) AST expires, no Notice at all is required (irrespective of what the AST's conditions provide)- but telling L in advance is a good idea nevertheless.
          If the term began on 14 July 2009, it will end at the end of 13 January 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


          • #6
            Originally posted by tom999 View Post
            What does agreement say regarding LL's obligations to property maintenance (assuming this is what you mean)?
            Yes this is what I meant, I dont have the agreement with me to check at the moment but it was just a standard agreement.

            Assuming he does go back on his word and does not allow us to end early, am I required to pay the entire amount remaining up front?

            What happens if I dont pay?


            Another thing I just found out, there is no Gas safety certificate in the flat, This is the first time i've rented somewhere and didn't even think to check. If there isn't one for the period i've been living there, is this grounds for the agreement to be canceled?

            Thanks Again for the help. The LL is a complete waste of space, many other in the flats agree and are all having problems with him. I really hope I can get out of this without giving him any more money.

            Comment


            • #7
              Originally posted by jeffrey View Post
              If you simply wish to leave the premises on the day when the fixed-term (six-month) AST expires, no Notice at all is required (irrespective of what the AST's conditions provide)- but telling L in advance is a good idea nevertheless.
              If the term began on 14 July 2009, it will end at the end of 13 January 2010.
              Hi Jeffrey,

              I wish to leave the property now, 3 months eary due to the LL's incompetance and inability to deal with problems and more importantly, not feeling safe to live there.

              Is there any thing I can do?

              Comment


              • #8
                Originally posted by Moag View Post
                Assuming he does go back on his word and does not allow us to end early, am I required to pay the entire amount remaining up front?
                As mentioned above, rent is due as stated in your AST. e.g. if AST states monthly, then this is when it's due, not in advance.
                Originally posted by Moag View Post
                What happens if I dont pay?
                LL can pursue you through the court system for unpaid rent.

                Originally posted by Moag View Post
                Another thing I just found out, there is no Gas safety certificate in the flat, This is the first time i've rented somewhere and didn't even think to check. If there isn't one for the period i've been living there, is this grounds for the agreement to be canceled?
                Gas Safety Certificate does not need to be in the flat, but an annual gas safety inspection should have been performed within the last 12 months, and you should have been given a copy of the certificate.

                Originally posted by Moag View Post
                The LL is a complete waste of space, many other in the flats agree and are all having problems with him. I really hope I can get out of this without giving him any more money.
                You may disagree with the LL, but looking for escape routes to end your tenancy early, and not fulfil your contractual obligations may be an unwise move.
                The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

                Comment


                • #9
                  Gas Safety Certificate does not need to be in the flat, but an annual gas safety inspection should have been performed within the last 12 months, and you should have been given a copy of the certificate.
                  If this has not been carried out and the LL is unable to produce this, where would I stand then?

                  You may disagree with the LL, but looking for escape routes to end your tenancy early, and not fulfil your contractual obligations may be an unwise move.
                  I am only looking for "escape routes" because it is not safe to live there, for some reason, it looks like we are being targeted by vandels. Ours were the only cars they smashed up. Who knows what they might do next...

                  Whether we can end the agreement or not, we are not going to live in the property.

                  What would you do in this situation?

                  Comment


                  • #10
                    Originally posted by Moag View Post
                    Hi Jeffrey,

                    I wish to leave the property now, 3 months eary due to the LL's incompetance and inability to deal with problems and more importantly, not feeling safe to live there.

                    Is there any thing I can do?
                    No (re incompetence/inability of L; and re feeling unsafe) unless you want to sue L. Sorry!
                    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 Moag View Post
                      If this has not been carried out and the LL is unable to produce this, where would I stand then?
                      LL is legally obliged to keep record of safety checks for 2 years and issue a copy to you within 28 days of the check being completed. If an inspection has not taken place, then LL could be reported to HSE, but this does not mean tenancy will end; if for example, there's an investigation, and gas appliances are unsafe/dangerous then LL may be prosecuted and you could sue.

                      Originally posted by Moag View Post
                      What would you do in this situation?
                      Agree with LL to end tenancy (in writing) as mentioned above.
                      The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

                      Comment


                      • #12
                        Agree with LL to end tenancy (in writing) as mentioned above.

                        This is the problem, he initially agreed verbally but has now decided otherwise...

                        So it looks like i'm stuck with this untill january. If the LL can find new tennents before this, whould this effectivly end the agreement?

                        Comment


                        • #13
                          This is usually the case, but check your AST to be sure. This may also apply if you find replacement tenants.
                          The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

                          Comment

                          Latest Activity

                          Collapse

                          • NTQ during fixed term?
                            vpltd
                            Hi,
                            Can a LL issue a valid NTQ during the six-month fixed term of an AST agreement?
                            (A residential let in England.)
                            VPL.
                            11-08-2017, 14:53 PM
                          • Reply to NTQ during fixed term?
                            jjlandlord
                            You made a claim. You tell us.



                            It was claimed that a tenant may freely leave whenever he pleases once he has received a s.21notice. If that was indeed the case you can imagine the mess with all those precautionary notices....
                            18-08-2017, 12:43 PM
                          • Reply to NTQ during fixed term?
                            Wright76
                            I totally agree, I was just trying to find any justification for claims that a tenant must serve notice in return of a section 21. It could never ever be demanded within the 2 month notice period, and in my opinion I agree it couldn't be demanded thereafter. But JJlandlord is adamant that requirement...
                            18-08-2017, 12:40 PM
                          • Lying tenant
                            mazco
                            We had a tenant in our property. Initial agreement was for 6 months from April 2016 but then went on to SPT.
                            In June he didn't pay his rent due on 15th of the month. Chased him and got excuses. On 10th July got a text from him saying he had moved out and left a key under the mat for us. He reckoned...
                            18-08-2017, 12:03 PM
                          • Reply to Lying tenant
                            JK0
                            Hmm. If tenant was stupid enough to leave valuable furniture behind, it's JK0's money in my book.

                            (Not that that ever happened. All I get left is broken Ikea tat.)
                            18-08-2017, 12:30 PM
                          • Reply to Lying tenant
                            jpkeates
                            The deposit doesn't limit what you can try and recover from the tenant.
                            It's simply a convention designed to make a simple claim easier.

                            You can't sell the tenant's goods and use the proceeds to settle their debt without their consent.
                            That's the tenant's money.
                            18-08-2017, 12:27 PM
                          • Reply to Lying tenant
                            mazco
                            Unfortunately the deposit doesn't come close to what he already owes. Deposit of just over £1100 to cover two months rent at £900 per month, replacement carpet £200, bath replacement needed, disposal of rubbish, clearing of garden. He 'kindly' left us some furniture which I managed to sell for around...
                            18-08-2017, 12:24 PM
                          • Reply to Lying tenant
                            jpkeates
                            And, of course, this....
                            18-08-2017, 12:22 PM
                          • Reply to Lying tenant
                            jpkeates
                            There are rules about who is responsible for the council tax. And they relate to residence, not the tenancy.
                            If the tenant is in the fixed term of a tenancy agreement, that means they're liable.
                            If they are in a rolling agreement and move out, you are liable.

                            If the tenancy...
                            18-08-2017, 12:21 PM
                          • Reply to Lying tenant
                            JK0
                            I'd forget about getting utilites to believe you. Just work out a reasonable extra amount to add to deposit request.
                            18-08-2017, 12:18 PM
                          Working...
                          X