NEW AST. deposit protection question

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    NEW AST. deposit protection question

    Please can I ask for advice on the following situation.

    We have been renting our property for nearly 2 years, and my wife is currently 8 months pregnant, and due in 4 weeks' time.

    Our landlady lives at different parts of the year in Sri Lanka, and also lives next door, but has never been contactable, and only responds via text message, all of which I have copies off, and is never willing to fix anything and always says it never broke when she lived there ?

    she says she is too busy to let me knock on her door, she has created many obstacles and only texts.

    We signed a new contract to extend the property agreement for one year which runs out on the 27.02.17 , after our AST ran out from the agency we first rented from.

    As we are getting ready for the baby's arrival, we have asked what her intentions are with the property as we would like to know if we are to stay, and if we are we would like a few things fixed and looked at before committing again to signing another contract and possibly an increase in rent.

    She replied and said she has no intention of selling the property, and not to worry, so we asked if before we sign again if after the years contract ends, she could get her handyman which she uses to fix a couple of things.

    She has texted back the following, and with a new baby on the way, I am very concerned about my situation, and I do not accept what I interpret as a threat to vacate, so I have decided today, that her suggestion: I STRONGLY ADVISE YOU FIND A PLACE QUICKLY, I will move out asap, and have started looking, I take this as she wants us out. HERE IS THE TEXT:


    YOU SEEM TO COME UP WITH ENDLESS PROBLEMS AND I DID NOT HAVE ANY PROBLEMS WHEN I LIVED THERE.

    ANYWAY WHEN YOU WANT TO COME AND TALKABOUT THE LONG TERM PLANS SINCE YOU ARE HAVING A BABY YOU TOLD ME DON’T WORRY THERE IS NOTHING WRONG WITH THE FLAT AND NOW YOU ARE COMING UP WITH ENDLESS THINGS

    I STRONGLY ADVISE YOU FIND A PLACE QUICKLY AND I PROBABLY NEED TO EMPTY THE HOUSE IF THERE IS A DAMP PROBLEM.



    ( WE ASKED FOR A FAULTY WASHER TO BE REPLACED, AND A HANDYMAN TO ENSURE FAN WORKS CORRECTLY )

    Luckily or not, I live in London and can move instantly as I am looking to spend more and move further out.

    The landlord has never completed a signed inventory, she said she cannot afford it, and I view her text stating the above, as grounds that she is happy we move out asap, and I do not want to get into any conversation with her, I will do as stated and move out straight away.

    I need to know where I stand legally.

    #2
    Originally posted by Pstacey1982 View Post
    Please can I ask for advice on the following situation.
    ***SNIP***


    If she wants you out she has to serve appropriate notice, assuming she has protected deposit and given you everything she is supposed to within 30 days of deposit being given to her (prescribed info, Gas certificate, how to rent booklet etc).. If she hasnt done this right then she is in a world of problems (do some reading - https://england.shelter.org.uk/housi...t_is_protected )

    Without a check in inventory the landlord will struggle to get ANYTHING back on check out, so expect a full deposit refund, and if anything less is offered you can contest it.

    She cant just kick you out on a whim, so dont panic, you wont be homeless.

    It sounds like you dont want to be there anyway, so start planning on moving. I know now is probably not a good time, but start looking, who knows you might see the perfect property.. This time of year is often quiet for landlords, so you might be able to get a good deal.

    Comment


      #3
      Both of you can agree to surrender the tenancy via the correct documentation. Other than that you've got a contract until 27.02. You can leave on that day without owing money or having to give notice.
      "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

      What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

      Comment


        #4
        Our deposit is protected via the agency when we moved in.

        But when we resigned contract with her direct nothing was mentioned I assumed deposit remains where it is.

        Although the the AST changed and it's new contract nothing was supplied that was not place already


        As for the agreement

        Why do I have to pay her rent and stay the full term when she has stated.

        .I STRONGLY ADVISE YOU FIND SOMEWHERE ELSE

        Comment


          #5
          Because a fixed term is just that - she can't serve notice for you to leave before then and you can't leave (or stop payn=ing rent) before then, either.

          On the last day of the fixed term, you can simply walk away without notice, the landlord always has to serve notice.
          Unless the two of you agree somthing different.

          If it were me, I'd block her from sending texts to me, deal with the next big event in your lives, and move out at the end of the fixed term.
          Your landlady sounds like a bit of a disaster area.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Thank you .

            I had the deposit protected when I moved in by agency but when we resigned the new AST nothing was done or said. I presumed that it remained in place.

            The gas certificate is up for renewal in December.

            Although she has not done anything the agency did protect it originally is the old AST.

            On the second reply.

            I take her text as a surrender of tenancy.

            I have a pregnant wife who now will not open the door as she feels it will cause a confrontation with landlady as she lives next door

            I will seek advice because I don't feel a landlady can send a message like this and then expect to get full rent for 3 months whilst I have to bring a new born baby into the world and worry about finding a place to live. Whilst she has 3 months to plan and get other people in the flat


            I will take her strong suggestion to find somewhere and do just that.

            I do not feel I should have to stay full term after what is essentially a threat to vacate and would be willing to contest this within the correct civil court if required. There are lots of others things that can be brought up regarding her attitude.


            Why should she have power when she suggested I leave

            Comment


              #7
              Regarding the deposit:

              Is the landlord listed on your first tenancy agreement the same as the second tenancy agreement? If not, i.e. if the first one listed who you consider as the agent and the 2nd the next door landlady, did your landlady give you the prescribed information associated with the deposit again after you signed the second agreement?
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              I do not answer questions through private messages which should be posted publicly on the forum.

              Comment


                #8
                Originally posted by Pstacey1982 View Post
                Thank you .

                There are lots of others things that can be brought up regarding her attitude.


                Why should she have power when she suggested I leave
                Some landlords have bad attitudes. It doesn't change the fact that you have a contract with yours. You need to see out the fixed term unless the cessation of the tenancy is mutually agreed by deed of surrender. Failing this, leave the property when the fixed term ends.

                "My landlord wasn't very nice to me so I walked out of the tenancy" wouldn't stand up in court. Play by the rules. That way, you give your landlady no ammunition should it get messy.

                Comment


                  #9
                  To doorstop.

                  The landlord has told me to move out

                  She has strongly suggested I act fast.
                  She is the one telling me to act quickly

                  Which I will do and move out

                  Leaving in 3 months Is not fast



                  YOU SEEM TO COME UP WITH ENDLESS PROBLEMS AND I DID NOT HAVE ANY PROBLEMS WHEN I LIVED THERE.

                  ANYWAY WHEN YOU WANT TO COME AND TALKABOUT THE LONG TERM PLANS SINCE YOU ARE HAVING A BABY YOU TOLD ME DON’T WORRY THERE IS NOTHING WRONG WITH THE FLAT AND NOW YOU ARE COMING UP WITH ENDLESS THINGS

                  I STRONGLY ADVISE YOU FIND A PLACE QUICKLY AND I PROBABLY NEED TO EMPTY THE HOUSE IF THERE IS A DAMP PROBLEM.

                  She has said act fast

                  So I find a place to stay that suites but still have to pay her rent and leave when it suits her even though she is the one suggesting i need to act quickly

                  Quickly = rapidly at pace

                  So to me it means leave

                  Comment


                    #10
                    We're not questioning that. What we are telling you is that you do not want to move out ahead of the fixed term only for the landlord to turn around and argue legally (correctly) that you are still bound by the fixed term agreement you previously agreed to. If you have a difficult landlord, you need to doubly make sure you don't give them possible ammunition to use against you.
                    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                    I do not answer questions through private messages which should be posted publicly on the forum.

                    Comment


                      #11
                      She is listed as the same person but at a different address

                      The second tenancy she is listed as living next door

                      Thank you sorry I don't want emotion to rule

                      I just lived here for 2 year paid rent on time and I believe her text saying move quickly can be interpreted as move rapidly which I would be happy to argue means now

                      Otherwise she would have stated at the end of the term

                      Plus I would like to argue 4 weeks before the birth of my child that a text like this only causes anxiety and stress and I will ask her to terminate early

                      I have various texts from her stating she cannot afford to repair the house and this is not how a landlady should act in my opinion and without inventory plus texts from her stating she can't afford to carry out repairs and now this saying find somewhere

                      I will find somewhere and leave and contest this if she wishes to take it to court

                      Comment


                        #12
                        No, leave when it suits you but don't just walk out.

                        Again, make sure that your landlady signs an agreement to accept surrender of the tenancy. You'll be liable for rent up until the date on the agreement.

                        Or, just leave on the last day of the fixed term. Easy.

                        Comment


                          #13
                          The landlord can't make an offer of surrender that you can accept to end the tenancy in it's fixed term.
                          You can both agree to a surrender and make it legal

                          However, you are also correct that your landlord isn't really up to the job.

                          Personally, I'd tell the landlord to [delete] Off, and concentrate on the birth of your child and move out at the end of the fixed term.
                          That way, the stress is less and you're totally in the right.
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #14
                            Pstacey you do not need to do as your insensitive bullying Landlord is suggesting. Simply ignore their requests, stay put.

                            'Phone Shelter, 0808 800 4444 to confirm your rights from this expert, overworked, charity.
                            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                            Comment


                              #15
                              Pstacey1982,

                              There are some very knowledgeable LLs giving you advice here. I suggest you re-read things slowly and without emotion.

                              The fixed term of the AST CAN NOT be ended early unless by mutal consent (deed of surrender) or if there is a break clause within the contract. An anonymous text is not sufficient to satisfy EITHER of these. Just because your LL has texted you to say 'jump up and down each day for thirty minutes' doesn't mean you have to OR you are liable to.

                              You can check on line if your deposit is still protected just enter your address on each of the three schemes websites. Stupid LL in this day and age for not protecting it. If it is not protected then come back and we will gladly advise you on how this aids you. Or you can do a google search and find out.

                              If it were me I would start looking now with the view of leaving on or before the expiry of the current AST which you say is at whatever hour on the 27th of Feb next year. There is no legal requirement for you to serve any Notice in order to do this.

                              Keep paying the rent.

                              Unless it is an emergrncy - eg the boiler breaksdown - stop chasing for repairs. They are clearly not going to be done.

                              It is your CHOICE. You can start a fruitless arguement with the LL which may rumble on for ages before actually ending up in Court during which time you'll be stressed, won't know what's going on will need to fund a defence in some way. All at a time when you have a new born. At the very least the Judge will award the LL any rent you haven't paid.

                              OR

                              You can keep paying the rent as you are. Look for a new place - there are loads of quality properties in and around London - with the knowledge that you need a new AST to start on the 26th / 27th of Feb next year. Spend time with your new born. Finally moving out and handing the keys back without any harassment for viewings with the full protection of the law.

                              Personally, it would be a pretty retarded decision to do the first option.
                              There is always scope for misinterpretation.

                              If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

                              Everyday is an opportunity to learn something new.

                              Comment

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