Worst tenancy agreement ever!

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    Worst tenancy agreement ever!

    An acquaintance of mine who is a landlord (LL) has been letting his property for the last four years with the same tenant.

    This tenant (T) has been paying regularly (no breach of contract) and accepted one increase in the rent two years ago.

    Now, LL wants to adjust the rent on RPI, which will cause an increase.

    T refuses the increase, and says that the LL has not followed his legal obligations (which is true: no gas certificate, no DPS, etc..) and that T will fight against eviction or termination of TA.

    From what I read, increasing the rent would be easy with a Section 13 notice and stopping the contract agreement to do a new one would be feasible with a Section 8 notice.

    The thing is, the tenancy agreement is a only letter which basically says:

    "I, xxxx, agree to rent the above property to the rent of X per calendar month payable on the 1st of each month. I also agree to maintain the property in good order and condition."

    That's all! There is no mention of duration of contract, especially of fixed-term.

    Whilst as a LL myself, I can advise the LL on what he should do to fulfill his legal obligations, with such a TA what can the LL do to switch to a new TA in due form or get rid of the tenant?

    Many thanks!

    #2
    What does the landlord want to do, raise the rent, or get rid of the tenant?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Originally posted by Set View Post
      From what I read, increasing the rent would be easy with a Section 13 notice and stopping the contract agreement to do a new one would be feasible with a Section 8 notice.
      Yes, LL could increase the rent with a s.13 notice. A s.8 notice would not 'stop' the contract, however; it is a notice which is served as a preliminary step to applying for possession (i.e. evicting T). The LL would need to cite at least one of the grounds in Schedule 2 Housing Act 1988 in order to serve a s.8 notice; you haven't mentioned anything to indicate that any of the grounds might apply.

      Both LL/T are free to renew the tenancy contract at any time. The new contract would automatically surrender the current contract. But the LL cannot force the T to agree a replacement contract.

      The thing is, the tenancy agreement is a only letter which basically says:

      "I, xxxx, agree to rent the above property to the rent of X per calendar month payable on the 1st of each month. I also agree to maintain the property in good order and condition."

      That's all! There is no mention of duration of contract, especially of fixed-term
      Therefore, it would seem that the LL has granted a contractual, monthly periodic tenancy.

      Whilst as a LL myself, I can advise the LL on what he should do to fulfill his legal obligations, with such a TA what can the LL do to switch to a new TA in due form or get rid of the tenant?
      If the LL wishes to evict then he should use s.21 procedure.

      Comment


        #4
        Thank you very much westminster, in my post I meant S.21, not S.8 which as you said needs a breach of contract in order to be applicable.

        I had not thought that the letter could be seen as a one month tenancy agreement, which now seems obvious!

        To answer your question Saint, the LL wants to increase the rent but the T will refuse (especially since the relationship has become so bad now).

        I will advise the landlord to
        1) respect his obligations (even if it is late)
        2) Serve 13 and if T refuses
        3) to serve S.21

        Of course, i welcome any other contribution from other experienced members!

        Comment


          #5
          Originally posted by Set View Post
          Thank you very much westminster, in my post I meant S.21, not S.8 which as you said needs a breach of contract in order to be applicable.
          Yes, but it doesn't 'stop' the contract either. Just like a s.8 it merely entitles the LL to apply for a possession order after notice expiry.

          I will advise the landlord to
          1) respect his obligations (even if it is late)
          2) Serve 13 and if T refuses
          3) to serve S.21
          1) It is too late to comply with deposit protection.
          2) The T cannot 'refuse' a s.13, he can only challenge it and take it to a Rent Assessment Committee.
          3) As LL has failed to protect the deposit, he will have to refund the deposit before he can serve a valid s.21 notice. He must obtain evidence of having given the refund.

          Comment


            #6
            Understood, thank you for these precisions.
            Apparently the LL had not even asked for a deposit, so at least it solves this problem!

            Comment

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