6mth ast ended dont want to sign new one

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    6mth ast ended dont want to sign new one

    we have been in a 6mth ast which ended 4aug landlord approched us today to sign new one but we said we did not want to,she then said what do you want to do? we asked for notice to quit she said ok.15 mins later she rang and said it was down to us to give her a letter saying we are leaving. we have had damp issues black mould on walls,two of our children have to sleep on the top bunk because damp is at matress level the damp is ruinning the few possesions we have left,we have allways paid our rent on time,we know her niece is after a council house and we are thinking that is why she wont give us notice to quit as we would go high up on the council list and possibly get a council property ahead of her niece,we dont know what to do,if anyone can help it would be greatfully appreciated!

    #2
    1. If your AST ended on 4 August, and rent was payable monthly in advance during its fixed term, what happened on 5 August was that a Statutory Periodic Tenancy's one-month period began. Every subsequent 5th of month is another SPT period.

    2. If/when you as T want to stop this sequence, serve Notice To Quit on L. It must run:
    a. for at least one month from service; and
    b. up to & inc. an SPT month end (i.e. to & inc. 4th of month).

    3. An NTQ that you serve today (23 Aug.) would therefore allow you to leave at the end of 4 Oct.

    4. On the other hand, L cannot serve NTQ on you. If/when L wants to stop this sequence of SPT, L can serve Notice under s.21(4)(a) of the Housing Act 1988. It must run:
    a. for at least two months from service; and
    b. up to & inc. an SPT month end (i.e. to & inc. 4th of month).

    5. A s.21(4)(a) Notice that L serves today (23 Aug.) would therefore require you to leave at the end of 4 Nov.
    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
      Landlord won't evict you voluntarily because she would have to go through the court process - which is time and money - before the council would take any notice.

      If you choose to leave by handing in your own notice, that also won't help you with the council because you have voluntarily made yourself homeless.

      Why not make the best of the place you have now? Issues like damp (if it really is damp) can be resolved with the help of your local councils environmental health officer.

      Black mould suggests condensation, which simply requires you to minimise the amount of water in the air and provide suitable ventilation and heating. These are outside your landlords control. This may help: http://www.aber.ac.uk/residential/en...sation-eng.pdf

      Comment


        #4
        the problem is she has just put the house on the market and wont give us a letter to say that she wants to sell,also the house is too small its a 3 bed bungalow with the third bed being nothing more than a box room and with 2 adults and 4 children theres not much space.At the time we had no where to go so we took the first house offered to us,we have not rented before as we used to own our own house for 10 years so we dont know whats what when it comes to renting,and we have contacted previous tenants and they also said it was damp when they were there.thanks for your quick replys!

        Comment


          #5
          Originally posted by pip68 View Post
          the problem is she has just put the house on the market and wont give us a letter to say that she wants to sell,also the house is too small its a 3 bed bungalow with the third bed being nothing more than a box room and with 2 adults and 4 children theres not much space.At the time we had no where to go so we took the first house offered to us,we have not rented before as we used to own our own house for 10 years so we dont know whats what when it comes to renting,and we have contacted previous tenants and they also said it was damp when they were there.thanks for your quick replys!
          Selling doesn't need to worry you - all that happens is that your tenancy continues with a new landlord, you retain all the same rights / terms / conditions as you have with your current landlord.

          Previous tenant would have called the 'black mould' damp, because it was easier to blame the landlord than their own actions

          Did you read the link? It is my understanding that the spores that cause the black mould are killed by the salts in plaster/mortar. Any moisture that comes through the fabric of the house therefore is unlikely to carry live spores and therefore unlikely to grow black mould.

          However, I ma no expert on damp/condensation - the environmental health officer will be able to identify what it is, and why it is there.

          If your only problem is the size of the property, serve notice (it seems you are on a periodic tenancy) and seek an alternative in the private sector.

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