Very Confused Where I Stand With LA

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

  • Very Confused Where I Stand With LA

    I will begin by apologising for the information not to be in any order it is to the best of my knowledge however.

    I began renting with my current letting agents on 16th October 2009 and had no problems with them whatsoever up until 15th March when we were served with a s21 notice dated 15th march and due to expire on 15th May. As far as I was aware I had no problems with this until I then rang up my estate agents to say that I had found somewhere else to live and that we would be vacating on the 22nd April and that we pay our rent in advance so we have already paid the whole of April and so I was expecting to be reimbursed. However they said to me that I have to pay rent up until the end of the s21 notice stating it says this in my tenancy agreement, I had a read through it and it mentions nothing of s21 notices or being evicted as such but the only clause I found was that if a further tenancy agreement is not agreed then it continues on a monthly statutory rent paying it on the date of commencement i.e 16th to the following 16th, but we had recieved in feburary a notice if we wished to extend the agreement and we agreed to a further 6 months but surely since they issued us with a s21 why would we be liable after the 22nd April to 15th May?

    Also our letting agents have been very rude towards us and they sent somebody round to take a look at the windows as they have blown and we are getting milldew coming through and he then came round and began snooping elsewhere and paid careful attention to plug sockets and so on. One week later we get a call saying they wanted to check the plug sockets and would be sending someone round.

    We have on several occassions also reported problems to them and they have yet to still fix our radiator which we have reported on 4 occassions to them. we also moved in and our drawer front broke which we reported and they fixed but when they came round to inspect the property they tried blaming us for not reporting it when it broke again in which we did and they said they had no record of anyone coming to fix it before.

    On a final note I found out from somebody who rents also and that by law I am allowed the contact information for the landlord in which I don't have at all the contact address is our estate agents. I wish to have the details if its possible to speak to the landlord and find out what has been happening because I believe our lettings agents are painting a bad picture of us. Plus the irony being the landlord has now chosen a different estate agents to sell the house from the letting agent we are with.

    Sorry for the long message and thank you for any help and advice you can give me.

    Daniel

  • #2
    Originally posted by rosierd View Post
    we were served with a s21 notice dated 15th march and due to expire on 15th May. As far as I was aware I had no problems with this until I then rang up my estate agents to say that I had found somewhere else to live and that we would be vacating on the 22nd April and that we pay our rent in advance so we have already paid the whole of April and so I was expecting to be reimbursed. However they said to me that I have to pay rent up until the end of the s21 notice stating it says this in my tenancy agreement, I had a read through it and it mentions nothing of s21 notices or being evicted as such but the only clause I found was that if a further tenancy agreement is not agreed then it continues on a monthly statutory rent paying it on the date of commencement i.e 16th to the following 16th,
    This is correct - your property is rented in periods of one month - not part months. There is no mention of 'section 21' but the start of your tenancy agreement probably makes mention of the 1988 Housing Act - s21 is in there for all to see.
    but we had recieved in feburary a notice if we wished to extend the agreement and we agreed to a further 6 months but surely since they issued us with a s21 why would we be liable after the 22nd April to 15th May?
    If you have a copy of the 6 months extension, then it sounds as if the fixed term doesn't end until August - landlord can not evict you before then, so 15th May is irrelevant and probably invalid.
    Also our letting agents have been very rude towards us and they sent somebody round to take a look at the windows as they have blown and we are getting milldew coming through and he then came round and began snooping elsewhere and paid careful attention to plug sockets and so on. One week later we get a call saying they wanted to check the plug sockets and would be sending someone round.
    Sounds like they are interested in your safety and welfare, why is this a problem?
    We have on several occassions also reported problems to them and they have yet to still fix our radiator which we have reported on 4 occassions to them. we also moved in and our drawer front broke which we reported and they fixed but when they came round to inspect the property they tried blaming us for not reporting it when it broke again in which we did and they said they had no record of anyone coming to fix it before.
    We hear this a lot - but on the grand scale of things, I am sure you would count these as minor irritations.
    On a final note I found out from somebody who rents also and that by law I am allowed the contact information for the landlord in which I don't have at all the contact address is our estate agents. I wish to have the details if its possible to speak to the landlord and find out what has been happening because I believe our lettings agents are painting a bad picture of us. Plus the irony being the landlord has now chosen a different estate agents to sell the house from the letting agent we are with.
    You need to request the landlords details IN WRITING from the letting agent. They have 14 days to provide it. Section 1.1 Landlord & Tenant Act 1985.

    Comment


    • #3
      Originally posted by rosierd View Post
      I began renting with my current letting agents on 16th October 2009 and had no problems with them whatsoever up until 15th March when we were served with a s21 notice dated 15th march and due to expire on 15th May.

      As far as I was aware I had no problems with this until I then rang up my estate agents to say that I had found somewhere else to live and that we would be vacating on the 22nd April and that we pay our rent in advance so we have already paid the whole of April and so I was expecting to be reimbursed. However they said to me that I have to pay rent up until the end of the s21 notice stating it says this in my tenancy agreement...

      we had recieved in feburary a notice if we wished to extend the agreement and we agreed to a further 6 months but surely since they issued us with a s21 why would we be liable after the 22nd April to 15th May?
      Questions:
      1. What are the dates of the initial fixed term? I'm guessing 16th October - 15th April?
      2. Did you sign a renewal contract for for a further fixed term or not?
      3. Did you pay a deposit and is it protected?

      Comment


      • #4
        Originally posted by rosierd View Post
        I wish to have the details if its possible to speak to the landlord and find out what has been happening because I believe our lettings agents are painting a bad picture of us. Plus the irony being the landlord has now chosen a different estate agents to sell the house from the letting agent we are with.
        The agent only has to provide the landlord's name and address, not his phone number. It seems likely that they are seeking possession because the LL wants to sell the house with vacant possession.

        Comment

        Latest Activity

        Collapse

        • When do tenants' requests go too far?
          Suzy76
          Tenants moved in at the beginning of the year and have issued a stream of requests/demands since then, the main ones being

          - After signing the contract but before moving in, requesting that I change the wallpaper in one room as they decided they didn't like the colour
          - Asking to...
          12-07-2017, 16:46 PM
        • Reply to When do tenants' requests go too far?
          Landlord1206
          If you trust the tenant I would allow them to decorate upon approval. To agreed specifications and at THEIR EXPENSE. This improves the property and keeps them happy. I have had this happen, new paint colour in lounge. More difficult in your case with a new tenant so I would have said wait and see....then...
          23-08-2017, 11:18 AM
        • Private letting advice
          xNicolex
          My partner and I have recently moved into a private let with our 7 month old son.
          now the flat was in a right state when we moved in - bathroom hadn't been cleaned, kitchen was a mess, oven absolutely caked in grease from the previous tenant (it still is, I refuse to clean it so I'm just not...
          23-08-2017, 08:28 AM
        • Reply to Private letting advice
          xNicolex
          Wannadonnadoodahl - a few of the issues were noticeable when we moved in, however the landlord reassured us they would be dealt with within a week or two, its now been 6 weeks

          JK0 - we aren't on any benefits, we both work and have been full rent of £150 a week, which feels like robbery...
          23-08-2017, 11:05 AM
        • Reply to Private letting advice
          Landlord1206
          Not sure if you have a gas cooker or not. Either way, please check that you have a valid Gas Safe certificate. You do not mention the boiler but given the other issues, I hope this is safe for you.
          You may wish to ask for a PAT on any electrical items.

          Not sure why you moved in given...
          23-08-2017, 11:02 AM
        • TT not leaving
          johnson13
          A friend of mine (LL) rents his property through an agent and has asked them to get the tenant out as he's coming back to live in it. The agent served a S21 notice which is due to expire soon (we'll check, but for the purposes of this post assume that everything has been served correctly and the notice...
          23-08-2017, 09:00 AM
        • Reply to TT not leaving
          Darth Wookie
          The tenant may be 'morally' in the wrong, but is legally in the right. They have no outright legal obligation to leave at the end of the tenancy agreement, which can only be truly ended by the court. In essence, the court are the 'adjudicators' of the contract and decide whether to enforce it or not....
          23-08-2017, 09:43 AM
        • Reply to TT not leaving
          jpkeates
          The current tenancy continues until the landlord has recovered possession (or the tenant serves notice) so there's no danger of a new one coming into being accidentally .

          The tenant is awarded costs if they lose, which is pretty standard in legal cases. If the landlord loses the case, the...
          23-08-2017, 09:38 AM
        • Reply to TT not leaving
          johnson13
          Ok, thanks. This seems to imply that the tenant is in the wrong by not leaving then.

          The notice might as well say, "you don't have to leave when this notice expires, but you'll have a large legal bill if you don't."



          Thanks again.

          Is this...
          23-08-2017, 09:19 AM
        • Reply to TT not leaving
          jpkeates
          The landlord can carry on accepting rent, which is due until the tenancy ends.

          The tenant has every right to stay, as the landlord's notice doesn't actually end the tenancy. To bring the tenancy to an end, the landlord will need to go to court. If the landlord is successful, the tenant...
          23-08-2017, 09:12 AM
        Working...
        X