periodical tenancy-landlord is selling house, what are my rights to notice etc

[alderwick83]

Hi,

I will apologise now should I make this post too long, there are lots of circumstances involved and I want to try and get everything covered.
I started a tenancy on 14th June 2010 for 1 year fixed term, this has now expired and run on to a statutory periodical tenancy. I pay my rent fortnightly so i understand this is my rolling tenancy length? On telling me that a new fixed term tenancy would not be issued (as i had been told a month previously it would ) i was also notified that the property was going up for sale. I have checked my agreement which says i have to let people in to view which i have done, but the agents keep asking for inconvenient times whilst i am at work even though the landlord has been told I don't want viewings whilst I am not on the premises. I haven't been issued a notice of possession yet, but i am pretty sure once she gets an offer and realises the implications of trying to sell with a tenant when the property is advertised as chain free the notice will follow shortly.
My problems are as followed:

• there are no terms in the tenancy regarding my notice of her ( or my) notice period, so what are standard?
• I was told to expect a gas inspection around the time the tenancy ended ( i suspect it had been out a while before that) but nothing has been done. Does she still have to do it even though she is selling?
• I don't think that my deposit has been protected after checking online with all three schemes ( something i wasn't aware of until recently)what should i do?
• If my deposit hasn't been properly protected what notices can be served on me?
• What can be deemed as being reasonable allowing access for viewings of the house? People are being sent round unaware I am a tenant and it is very stressful for me especially seeing as I have a toddler and am 6 months pregnant.
  
  If anyone has any answers as to how i can proceed with these issues I would be grateful. I am not the type of person to just jump into taking people to court but I have to also think of my family as there are hardly any rental properties in this area ( i need to stay local for childcare and work)and nothing available soon
  Many thanks in advance

[Snorkerz]

I pay my rent fortnightly so i understand this is my rolling tenancy length?

Whatever was specified on your original tenancy agreement for rent frequency is your tenancy period.

there are no terms in the tenancy regarding my notice of her ( or my) notice period, so what are standard?

I was told to expect a gas inspection around the time the tenancy ended ( i suspect it had been out a while before that) but nothing has been done. Does she still have to do it even though she is selling?[/quote]Yes she does - it can be a major fine, but you should ask if she has a curret one - you are entitled to see it. If it is out of date, and she does nothing about it, you should report it to the Health & Safety Executive.

I don't think that my deposit has been protected after checking online with all three schemes ( something i wasn't aware of until recently)what should i do?

If she argues about returning the deposit, you can sue quite easily through www.moneyclaim.gov.uk. You may have had to sue even if the deposit had been in a scheme. So long as you have proof you paid the deposit, then the onus of proof in court is on her to prove that she is entitled to keep some of it.

If my deposit hasn't been properly protected what notices can be served on me?

Unless you are in breach of contract, the landlord is likely to serve a section 21 notice on you with 2 months notice. If the deposit is not protected at the tim of service, then if you refuse to leave at the end of the 2 month and the landlord applies to the court for possession, the section 21 notice will be invalid and his attempt will fail. Having said that, he'll get it right eventually, so it is only delaying the inevitable.

What can be deemed as being reasonable allowing access for viewings of the house? People are being sent round unaware I am a tenant and it is very stressful for me especially seeing as I have a toddler and am 6 months pregnant.

There are conflicting rights - yours and your landlords. Basically, he is entitled to show his property, especially if it specifies so in your original contract. However you have the right to refuse entry to anyone in most circumstances, even the landlord. If he wants to exercise his rights of entry against your wishes, he will need a court order. For the sake of hassle and future references, I would give him some times when viewings will be acceptable - by appointment. For example, Wednesdays 6-7 and Saturdays 3-4.

It is worth bearing in mind that you can not be involuntarily evicted from your property by ANYONE except for a court bailiff with a court order. If you DO NOT mention any errors with the service of the s21 when it arrives, until you get the court paperwork telling you he has applied for possession, then he will have to serve a fresh s21 and wait a further 2 months +. I can see that you have around 6-7 months left before the bailiffs come around.

[alderwick83]

thanks for the reply. It looks like I will just hope that a suitable property arises soon and gets me out of the mess! I think she has been quite naive so don't think it will be long before she trips herself up.

"there are no terms in the tenancy regarding my notice of her ( or my) notice period, so what are standard?"
I originally wrote this and on reflection it makes no sense! What I was asking was seeing as there is no notice periods specified in the tenancy agreement what is the minimum notice I have to give as a tenant? I understand from reading your reply she has to give me two months as the LL.

Lastly two random questions, sorry for digressing from subject...
Should LL provide carbon monoxide detectors?

Can the tenancy agreement state I have to maintain and clean flues and chimneys but also state that the LL is responsible for repairs to structural parts of the house. Surely a flue and chimney is part of the building plus I would think that checking flues should be done by the gas safety person?
Thanks again

[fletchj]

Lastly two random questions, sorry for digressing from subject...
Should LL provide carbon monoxide detectors? -The LL might want to but there is no regulation that says they must

Can the tenancy agreement state I have to maintain and clean flues and chimneys but also state that the LL is responsible for repairs to structural parts of the house. Surely a flue and chimney is part of the building plus I would think that checking flues should be done by the gas safety person?
the LL would need to repair but it is quite normal to require the tenants to clean the chiminies - gas flues don't need cleaning in the same sense

Thanks again

Answers embedded above

[Snorkerz]

Answers to your extra questionas, as per Fletchj post.

Now you are on a periodic tenancy, your contract obligations/rights stay exactly the same as on the original fixed term AST - with the exception of notice. Notice periods are specified by law, and so if you leave, you have to give one months notice, with your leaving date being the last day of a tenancy period. Well, you can leave when you want - but you will owe rent until then.

[Sad S]

Can the tenancy agreement state I have to maintain and clean flues and chimneys but also state that the LL is responsible for repairs to structural parts of the house. Surely a flue and chimney is part of the building plus I would think that checking flues should be done by the gas safety person?
Thanks again

This sounds like a standard term from a rather old fashioned agreement. "Maintaining flues and chimneys" would refer to sweeping away soot, removing birds' nests from the chimneys taking away the smoke from your open fires - T's responsibility. Broken chimney pots, poor pointing in the chimney are responsibility of L.

Flues and chimneys relating to a gas appliance should be maintained by a properly qualified (gas safe) bod. This is L's responsibility.