Tenancy
agreements
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Selling
rental property
We have put our let property up for sale - our tenants are
aware of this and have not complained since we have given
verbal assurances that we will give them at least one month’s
notice as soon as we have a buyer. The six month tenancy runs
out at the end of September. How can we document this?
Just a letter
confirming that the original tenancy has expired and has therefore
converted to a statutory periodic tenancy from the date of
expiry, to run on month by month, should be sufficient. Just
as a point of interest (and law) – your tenants have
the right to 2 months notice – if they are happy with
one month, fine, but should they be unable to find alternative
accommodation and approach the local authority, they will
be told this is an illegal eviction.
Guest or joint tenant?
One of my male tenants who has an AST has allowed his male friends
to stay with him for over a year since the break up of his marriage.
Originally this was meant to be a temporary arrangement.
The guest pays the
food bills and contributes towards other running costs but
my tenant assures me he receives no rent because he is aware
he cannot sublet. The tenant has been advised that this situation
cannot continue indefinitely and my preference is for a joint
tenancy agreement to be drawn up. Is this the best way to
legalise the position for all parties and is there a limit
to the rate of rent increase I am allowed to imposer to reflect
two persons living in the property?
This
is quite interesting but also tricky. My feelings are that
there is a rent for a property, based on facilities, size
etc., but not necessarily on how many people are living there.
For example, in the area I am familiar with, a rent of £100
per week would be standard for a two bed property. If only
one person takes it, then the rent is still £100. Local
Housing Allowance will only pay £80 for one person,
but that is irrelevant to the rent the landlord wants.
Unless you feel
the rent you charged the one tenant was discounted because
of the fact it was sole occupancy, I do not see that you can
ask for anything more than a standard, cost of living increase
which your original tenant should expect after more than a
year. The additional costs associated with two people living
in the property are being met through increased utilities
charges.
The arrangement
the tenant has made with the lodger may not be “rent”
as we know it, but I think a court may believe that it constituted
rent anyway.
Wanting to end the tenancy early
I am currently renting out the property I used to live in. A
friend is managing the let for me.
The initial 12 month tenancy came to an end a few months ago.
In my absence, my friend renewed the tenancy for two years (at
the time he was unable to contact me because I was out of the
country).
This is not OK. My discount rate mortgage ends soon and the
rent will not cover the mortgage.
I have two options:
1 Move back into the property myself, or
2 Run up mortgage arrears and possibly allow the bank to repossess
the property.
There is no equity in the property and I can’t remortgage
and am having some financial difficulties.
The tenants have been good tenants and pay their rent on time,
which makes it worse. I know this is my fault and feel terrible
but don't know what to do. Can I end the tenancy early?
I will of course refund their deposit in full, give as much
notice as possible and could possibly give them, say, a month
rent free by way of compensation? This
is unfortunate, as you cannot legally regain possession at
this stage, without the tenants agreement. I think the best
thing you can do is discuss it with the tenants honestly.
Tell them the options you have, explaining that the worst
scenario is that the property will be re-possessed which will
leave them homeless anyway.
The steps you
are prepared to take, with refunding the deposit, a month
rent free, excellent reference to the next landlord, may be
sufficient to persuade them to move out voluntarily. If they
are not prepared to leave, I really do not know what you can
do. I think the fact your friend gave them a two year tenancy
makes it worse – they may have felt they were settled
for quite a lengthy period. Negotiation is your only option.
Is it worth speaking to your mortgage company, to see if they
will allow any leeway with the discount mortgage rate, though
I know in the current financial climate, that may not be an
option. Best of luck with your tenants.
Flexible
notice
My Tenant gave one
month written notice, but stated that this may need to be
extended as she may not be ready to vacate by then. Her tenancy
dates run from the 27 to 26 of each month and the rent is
paid calendar monthly.
She did not vacate
the property on the 26 May and actually vacated on the 9 June
and therefore extended her notice into the next rental period.
Am I therefore entitled
to charge her for the whole month (27 May to 26June) or is
she only liable up to 9 June? It's just that it seems unfair
as we didn't have an exact move out date and we had a tenant
to move in who was then put off as we couldn't give an exact
date to move in.
It
depends how long it took you for a new tenant to move in.
If they moved in before 26th June, then she was liable for
the rent to that date. If it was later than that, then you
are entitled to the full month, and could even claim to the
date the new tenant moved in, though you may struggle to get
it.
When she
did not move on 26 May, I think you should have asked her
for a new months notice and then there would be no argument.
Tenants must realise that the law protects both parties and
putting it in writing and then not acting on it negates the
notice given, in my view.
Age
restrictions
I would like to rent my two bed semi detached house to my daughter
who is 17 years old and her friend who is 18. Will my daughter
be able to sign the tenancy agreement if she is under 18? What
options do we have if she can't sign if underage?
Also, I understand
that as the property will have only two occupants and I therefore
don't need a landlords licence and can just rent on the basis
of being the landlord and us all having a tenancy agreement.
Is this correct?
Lastly, I need to
have the electrics and gas appliances tested and signed off
with a landlord’s certificate. Is this correct?
A
17 year old cannot be bound by the terms of a tenancy agreement
as she is not of a legal age. I cannot see any reasonable
option for you. Were you letting to someone of 17 unconnected
to you, you would ask for a guarantor who would sign the agreement,
stating that the property was the residence of ................only.
Clearly, you cannot do this.
No, you do not
require a licence for two occupiers though it would still
count as a House in Multiple Occupation.
You must have
the gas appliances and system inspected by a Corgi registered
tradesman. This is a statutory requirement and must be done
annually. There is not, at present, a statutory requirement
to have the electrics checked, but it is good practice and,
of course, you would want to ensure that your daughter was
safe. If you have it done, it won’t be needed for a
further five years.
Gardening
I am new to letting out property and have a query in regards
to gardening. Who is responsible for the general upkeep of
the garden, from lawn mowing to weeding? If it is the tenants’
responsibility, whose responsibility is it to provide the
gardening equipment from lawnmowers to gardening shears and
digging equipment?
It is generally
down to the tenants, and should be included in the tenancy
agreement. I think the upkeep of the garden must be discussed
fully at the start (or even before). If you are letting your
property unfurnished, then your tenants obviously has been
established before, so may have the appropriate tools. If
you are letting it furnished, then your tenants may not have
the means to buy their own tools. Also, I have not seen your
garden! Did it used to be your pride and joy? If so, and it
must be with the tenant’s agreement, you may feel easier
looking after it yourself. If the worst comes to the worst,
it may be better providing the cheapest lawn mower than giving
the tenants an excuse not to look after the lawn.
High
rent lets
Can I use an Assured Shorthold
Tenancy Agreement for a let with rent in excess of £25k
pa? What are the consequences if I do or what do I use instead?
I am afraid
you cannot use this type of tenancy agreement – the
feeling seems to be that a tenancy attracting this amount
of rent does not require the protection afforded by an assured
shorthold tenancy. I would advise that you seek the advice
of a specialist solicitor in drawing up an appropriate agreement.
A year less a day
Thank you for your wonderful questions and answers on Residential
Landlord. I find them invaluable. Many
tenancy agreements for 12 months state that the tenancy is
for a period of twelve months less one day and I wondered
what the ramifications of this are?
Also I now wish to
grant a tenant an 18 month agreement with a one way break
clause after 12 months for the tenant. How is best to proceed
i.e. type of tenancy agreement.
Thank
you for your kind comments, it is nice to hear that I am providing
what landlords want.
The tenancy agreement length is very interesting. I believe
that the ramifications are that it is important that the tenancy
does not go into another rental period. For this reason, when
advising landlords, I usually advise that they use months
and dates, so: one year tenancy issued, beginning 1 January.
I would write on the agreement that it commenced 1 January,
rent payable on 1 of the month, tenancy to end 31 December.
A s.21 notice would be issued 1 November, to end 31 December
and a court order would be applied for after 31 December.
I think
the other point, about an 18 month tenancy, seems unnecessarily
complex. I would be inclined just to do a 12 month one and
then let it run on, if the tenants did not wish to break it.
However, an 18 month tenancy could be issued, with a clause
added (it can be a different sheet, provided it is attached
and you and the tenant both signing) stating that after 12
months/one year, the tenant can exercise the break clause.
However, what is actually in the agreement only counts if
there is likely to be a dispute. As you have already agreed
that the tenancy can be broken, do you really need it? Hope
that makes sense.
Additional
signatories
A tenant to whom I would
like to rent my property has a poor credit rating. Would it
benefit me if I asked his parent to sign the agreement or
not?
Provided he is
over 18, he should sign his own tenancy agreement. What I
would definitely do is ask his parents to be guarantors. Get
a good deposit (you can ask for up to two months) and protect
it, of course, with one of the Tenancy Deposit Protection
schemes. If the parents stand as Guarantors, make sure they
have the means to pay, should you find your tenant leaves
arrears or damages. They should be home owners and be in full
time work. To be honest, I would generally be cautious about
a tenant with poor credit references, but you say you would
like to rent to him, so presumably he has impressed you that
he will be a good tenant.
Lodging agreement
I am hoping to rent out a room in my
house. I am the home owner. The lodger will have a bedroom that
is furnished with a bed and will have access to all living areas,
bathing areas apart from my bedroom. I would like to draw up
a lodgings agreement and wondered if you could advise me on
what this needs to be written into it. Would you advise that
a deposit is asked for also? You
can write in what you want, but include rent, when you are
likely to want it increased (i.e. annually), what payment
arrangements are, how much notice you can give, what is included
in the rent, how you cover payment of bills (is it included
in the rent or are you going to split them), specify the rooms
he has access to, whether there is any facility for him to
have overnight guests or whether that is forbidden. There
may also be specified prohibitions, like no smoking, no pets
etc. I would always recommend that you ask for a deposit,
a month seems to be the norm.
AST v periodic
My wife and I are new to letting and
we're confused about what to do at the end of assured shorthold
tenancy agreements. Do we have to keep renewing them at six
monthly intervals? If not, are they automatically converted
into statutory periodic tenancy agreements? One
of our agreements actually expired last November: has this
already been automatically converted, or should we propose
another six month agreement starting now? We've seen one agreement
drawn up for another landlord who says it 'intends to create
an assured shorthold tenancy' and yet the term is 'for a period
of six months and thereafter monthly until determined by notice
in writing from either party'. Is this kind of hybrid agreement
legal? If so, does it have any disadvantages from a landlord's
perspective?
Any
tenancy which is for a fixed period and ends, but continues
without a new agreement, automatically becomes a statutory
periodic tenancy. The way I always used to explain it is that
if I was a landlord, I would be quite happy with statutory
periodic tenancies, as it would mean I would only have to
give two month’s notice and could recover the property.
If I was a tenant, I would want greater security than a periodic
tenancy could offer. It is worth discussing with your tenants,
whether they want agreements every six months (or perhaps
every year after the tenant has lived there for six months
and there has been no problem). I think the agreement you
mention is OK, but the wording is unnecessary as it automatically
converts. Can’t think of any disadvantages.
Corporate landlord
Can you tell me if there is a different
residential tenancy agreement for company landlords (rather
than individual landlords), i.e. do these still follow the same
terms of either assured shorthold or assured tenancy agreements?
Provided the company is offering private rented accommodation
on the same basis as a private landlord, working on his own,
there should not really be any difference. Few private landlords
would offer assured tenancies, but a company registered with
the Housing Corporation as a Housing Association or Co-operative,
might. However, it is difficult to say from the brief details
you give me whether there are other implications. If in doubt,
see a solicitor.
AST duration
Can you have an AST over 12 months? I have been told you can’t
but have seen some AST's for two and three years.
The
landlord can issue an AST for up to seven years, I believe.
However, I would never advise a landlord to issue a tenancy
for that long. Six months to start and then a possible 12
month renewal, or allowed to converted to a statutory periodic
tenancy and run on, but not such a long AST - the reason being
that a tenant is difficult to evict if they do not do anything
really bad in the tenancy, like lengthy rent arrears.
Also, the
landlord may decide to sell the property or want to move a
relative in, which would be impossible if a tenant has a degree
of security for rwo or three years.
Contents Insurance
I own a property
that I have just let out. The agents I am using have suggested
as a term of the contract my tenants must have contents insurance.
Is this an acceptable thing to do? Can the tenants object
and indeed not take the insurance out?
I think it makes
good sense to have this, and as it protects them more than
you, why would they object? Anything you have in the property
should be covered by your own insurance, so carpets, curtains,
any appliances etc. However, if they choose not to insure,
how would you know? If you discovered it, you would probably
not be able to evict on that ground, as it would be discretionary.
A court is unlikely to feel that it is reasonable for you
to go for possession on the basis that they have not done
something which safeguards their own valuables. Just a thought
– the insurance would not have to come from a company
which the agent receives commission from, would it? If there
is any connection, it is even less likely that a court would
find in your favour and may find it was an unfair contract
term.
Ignoring
terms
I have a property let through a letting agent.
My tenants have not
asked my permission to hang pictures, install sky, change
some of the fixtures, as in change and add net curtains etc.
Some of these have damaged the exterior of my property.
I was under the impression
from my contract drafted by my letting agent, the tenants
needed to get permission from me beforehand. Obviously this
is not the case as my letting agent has said they can do whatever
they want as long as they make it good at the end of tenancy.
Is this right?
What is the point
of having a contract? It does not sound as though the contract
is worth the paper it is written on and is more to protect
the tenant as opposed to the landlord.
Is there anything
I can do? They have signed a two year tenancy with a break
out clause after 12 months. They have only been at the property
for three months.
Also the contract
says no pets, but on a recent visit fish have appeared. Are
these classed as pets? Again should they have said anything
to me?
Your agent seems
remarkably cool about tenants doing things they should not
– his experience should tell him that the likelihood
of the tenants doing what is required to put the property
back in order at the end of the tenancy is quite low. I would
prefer that six month tenancies are given, with the option
of extending.
I think you are
tied to these tenants. Check the agreement – does the
break clause apply to both sides, you and the tenants? Often
it is the option for the tenants only, but if you can break
it, tell the agent that the contract will not be continued
after one year unless you are satisfied that certainly the
external damage is repaired before the renewal date.
I have to say
though, that I would be very surprised if you can break after
one year, as the ground you would be using is section 21,
if there is not another available ground, which would be difficult
when on the face of it you have a two year contract.
The contract is
meant to apply to both parties, but it is very difficult to
obtain possession on the grounds you have mentioned, in that
breaking the terms of the agreement other than rent arrears,
is a discretionary ground and would require a court to feel
that it was reasonable for you to want possession. Net curtains
may seem not very reasonable, particularly if they go to court
and say ‘We were committed to this tenancy, it is for
two years and we wanted to guard our privacy/hang pictures,
make it into a home’. I think you are going to have
to bite the bullet and leave it to the agent.
I thinkit would
be stretching it a bit to say the tenant has broken tenancy
agreement by keeping fish. If your tenant went to Trading
Standards, they would almost certainly say this was an unfair
contract term. Dogs and cats leave hair, possibly odours and
maybe even worse. Fish cannot come into the same category.
Cooling off period
I had a room available for rent and a guy came round to view
the room, liked it and we signed the contract which specified
the minimum tenancy would be three months.
He didn't give me
any money and said he would give me the deposit and a month’s
rent in a couple of day’s time. But he rang me later
and told me he had changed his mind and didn’t want
to move anymore. So, although we signed the contract, he hasn't
moved in, doesn't have the keys and hasn't given me any money.
Is there a cooling
off period after signing a tenancy agreement? Does he have
to honour the contract?
People like you or I would say this was a contract and would
feel bound by it. Unfortunately, he clearly does not. Even
with an assured shorthold tenancy, there is no cooling off
period, and even if an agreement is signed, most landlords
appreciate that if a prospective tenant changes his mind,
there is little they can do about it, though some may keep
a week of the deposit to cover re-advertisement costs or loss
of rent.
Even after the
tenant has moved in, if he changes his mind and moves out,
the only way a landlord can be recompensed for failure to
keep to the contract is via the Small Claims Court, but even
that is unlikely to result in compensation. It is far more
likely the landlord would have to provide proof of what he
has done to get a new tenant, obviously no compensation being
payable when a new tenant moves in. So sorry, I don’t
think there is a lot you can do.
Position
as guarantor
I helped a friend by acting as a guarantor on a 12 month tenancy
agreement at £ 330 per week with a break clause at six
months with one month notice. After exactly five months minus
1 day, I asked the estate agent acting for the landlord if
I could break the tenancy agreement as a guarantor. Their
answer was a very clear ‘yes’ and no ‘buts’.
So I did. Then two weeks later the estate agent came crawling
back saying it was all a misunderstanding and the landlord
did not accept it, claiming that the landlord said only the
tenant could invoke the break clause. Obviously I disagreed,
pointing out the advice they gave me. It is now two months
later and we have not had any formal conversation about this.
The contract clearly
stated that three parties were involved and signed the agreement
and that each party could break at six month given one month’s
notice.
If this came to court
what would be my chances?
I really would
have to see the agreement to give any kind of advice on this.
However, I would generally say that unless the agreement clearly
indicates otherwise, a tenancy agreement would be between
a landlord and tenant and that the guarantor is not, strictly
speaking, party to the tenancy. I think you need to discuss
this with your friend. I think (and as I say, without the
agreement I cannot be certain) a court may feel that the break
clause was to benefit your friend and that you had agreed
to be a guarantor for a 12 month tenancy.
What
sort is needed?
I have just bought my first property in London. It is a furnished
flat that I am going to let. What kind tenancy agreement I
need? Is the one they sell in WH Smith good enough to use?
Would that guarantee my rights as a landlord?
Yes, this
should be quite adequate. Your local landlord’s scheme/accreditation
scheme may also provide a tenancy agreement, or you could
download a free outline tenancy agreement from this website.
Whichever route you chose, I would advise that you read the
agreement carefully and add any clauses need to cover anything
that has been omitted but is needed in your own circumstances
– for example, the right to make regular inspections;
the requirement that notice be given when the tenant intends
to leave the premises empty for longer than 14 days, the right
to end the tenancy in the case of suspected abandonment by
serving a 28 day Notice to Quit; agreement that any goods
left in the premises after the expiry of the tenancy will
be kept for seven days and then disposed of; and confirmation
that anti-social behaviour will not be tolerated.
Change
of heart
Providing all sums paid to date are refunded, can I as a landlord
go back on a signed tenancy agreement before the prospective
tenant has gained occupation?
For a contract
to be effective there must be an offer, an acceptance and
an exchange of value. So if a tenancy agreement is offered,
accepted and money accepted, there is a legal liability in
place on both sides – after all there is a rental liability
from the date the agreement starts.
Tenants
may have invested time and money in finding a suitable let.
So simply saying sorry is unlikely to wash. Unless the tenant
agrees for some reason (a financial incentive perhaps) to
accept cancellation of the agreement than I think he or she
could argue that any attempt to stop him or her moving in
amounts to an illegal eviction.
Permitted
viewings
We have had a tenant in a property for the last four years,
with whom we have had a good working relationship. He has given
a month’s notice with 12 days of his tenancy still remaining.
Last
week I conducted viewings with prospective tenants, with the
current tenant present, and he stated that no viewings can
take place without him being there. The property is completely
empty and he is now living elsewhere so I feel that this is
unreasonable.
I have more prospective
tenants lined up to view, however the tenant works nights
and is not always available (in fact telling me that no viewings
can take place until next week, at a time to suit him) he
is adamant that as he is still paying rent, no one can enter
the property.
I would like to know
what my rights are. The tenancy agreement states that that
the tenant should: ‘permit the landlord or the Landlord's
agents at reasonable hours in the daytime within the last
twenty-eight days of the tenancy to enter and view the property
with prospective tenants’.
I have never come
across this before, and usually tenants allow us to show people
around whilst they are still living in the property with it
fully furnished.
Could you please advise
of the best solution, I have tried ringing the tenant but
he will not answer the telephone. I sent him a text advising
that we cannot put off viewings until Monday, and he texted
back saying we could not enter.
This seems to
be the week for awkward tenants! I am in total agreement with
you – this is unreasonable. However, agreeing with you
does not really help the situation as the tenant is still
paying the rent and is choosing to be obstructive. Although
the tenancy agreement he signed does say that viewings should
be allowed, he has nothing to lose now by refusing to allow
it. Is it worth the unpleasantness if you decide to let people
view it without him? He could certainly allege that this is
harassment, if he takes the matter up with Shelter or a Housing
Aid organisation. I would try and talk to him and see if you
can reach some kind of compromise, but if not, bite the bullet
and wait until his tenancy is over.
Formalising agreement
I have been renting out a property for
the past six years. The original agreement - an assured shorthold
tenancy - was with a group of tenants who were young professionals
and all friends. Amongst other things, the original agreement
specified that the rent was payable monthly, the agreed sum
being for the house as a whole, with a maximum of five tenants
at any time. Over
the years, the original group of tenants has changed one by
one, and by now none of the original group lives at the property
– each time a tenant has left the remaining tenants
have found another suitable person.
This means I have
not entered into a written contract of any kind with any of
the current tenants.
Recently, one of the
tenants left, giving one month's verbal notice as has been
the pattern over the years. Previously, in such situations
the remaining tenants have continued to pay the full rent
for the house, even if there have been less than the five
maximum tenants in occupancy at any given time. At present,
two of the remaining four tenants have been at the property
for over a year, and two others have been there for nine months.
With the prospect
of yet another new tenant arriving, I feel it would be useful
to formalise my agreement with the current set of tenants.
Can I do this with a statutory periodic tenancy, based on
the original tenancy agreement dating from 2001, or do I need
to provide them with an assured tenancy? Although I am more
than happy to give the tenants two month’s written notice
of requiring the property, I would like to avoid giving them
an assured tenancy as I am currently undergoing major changes
in my personal life and may well wish to recover the property
before the end of a six month term.
You cannot, legally,
recover the property before the end of a six month term. The
only tenancy that you would be advised issuing would be an
assured shorthold tenancy; you can issue this for any period,
three or four months, but there is no point as you cannot
recover possession unless the tenancy has run for more than
six months. The current situation is fine, but should you
wish to evict because you want the house back, you would need
a ground as you could not serve a section 21 as the tenants
there now are not listed on the tenancy agreement –
you must have a tenancy agreement with your tenants’
names to use a section.21 accelerated possession procedure
to evict.
I think
the best thing you can do is issue a six month tenancy to
your tenants and hope that if you have to get possession before
the end of six months, they agree to it.
Revised rent
We had a tenancy agreement (not assured) signed by the tenants
and landlord, and witnessed. Four years later our landlord scribbled
out the rent amount and wrote in a figure that was double and
a new date. He says was the rent due and is trying to recover
the difference between it and what we paid even though we have
since left. We never saw the revise agreement or signed it until
we had left. This seems like forgery of a legal document to
me. Where do we stand? There
is a legal process for raising the rent – if the tenancy
agreement does not specify that rent will alter on the anniversary
or every one or two years the landlord should complete the
form ‘Landlord’s notice proposing a new rent under
an Assured Periodic Tenancy of premises situated in England/Wales
(see Residential Landlord, landlord forms) giving one month’s
notice. If this process did not happen, you were not liable
to pay an increased rent.
Sale of Rented Property
My
parents have rented a house for over 40 years. It was originally
owned by a trust but on the death of the remaining trust member
it was sold to a private company. My parents were informed that
it was going on the market at some point and they asked to be
told the details as they were interested in buying it. The property
was sold without their knowledge and now the new company are
seeking rent increases. Is this allowed and do my parents have
any rights over a sale of a property they are living in?
As they
had specifically asked to be notified of the sale, in order
to consider it themselves, I think they might be advised to
discuss this with a solicitor – many will give a free
or cheap consultation and they would know whether there was
any case to answer. Generally speaking, I would not expect
a tenant to have any rights over the sale of a property, other
than those provided by law that as Rent Act Protected tenants,
they have the right to remain in the property. The difference
with your parents, if there is one, is that they had felt
they were in a position to purchase and would have liked first
refusal, but were denied this opportunity.
When it comes
to rent increases, they have a right to be given notice and
to appeal to a rent officer if they believe the rent being
asked is not fair.
Separating
tenants
My tenants, who moved in three months ago with a six month assured
shorthold tenancy agreement, are splitting up. The woman and
her children would like to remain and she says she will be able
to pay. I am reasonably confident that this won't be a problem,
but have been advised to get a financial reference from her
bank and to request further deposit for her. She would like
to be issued with a new contract, and in theory I am OK with
this, subject to financial satisfaction.
The question I now have is regarding the six months of the AST
- I assume that if I send her a new contract, it starts again
at six months from date of signing. I understand that it must
be at least six months and that I cannot change the form of
contract offered to her. I lived in the house in question for
four years, and there is a possibility, albeit quite a small
one, that my partner and I might wish to move back into the
house this year. To start a contract over again would prevent
us doing so until the end of the year. If I must offer her a
new contract, it doesn't seem fair that my choices are limited
by my tenants' decision - what if I needed to sell the house
or was having some kind of housing crisis and really needed
to move back? Is there any way round this, other than insisting
the contract with the partner's name must stand?
I think you need to re-asses
your intentions about letting. If you want to rent the property
out as a business, then you must be committed to this. By issuing
a six month tenancy you are committing to the tenant for this
period of time. If you wish to sell the property in this time
then the property would have to be sold with a sitting tenant.
At the end of the day, you have to ask yourself if you are being
fair to the mother of a small child knowing you will only want
her to stay a short term? It may be fairer to the tenant to
tell her your concerns, and let her make the choice of whether
she wishes to live there under those conditions.
Sitting
tenant contract
I am buying a flat with a sitting tenant. What should I do regarding
the current tenancy agreement?
(1) Should I change it now or wait until it expires (we are
talking about a 6 month agreement with one month notice thereafter)?
(2) Can I just keep the initial agreement even after the end
of the six month period?
You can keep the initial tenancy
agreement, however this is not advisable. I would recommend
issuing a new tenancy agreement once the current tenancy ends
– meaning that if you had to serve notice through court
then at least the details of property owner match on both the
tenancy and notice. At the expiry of your agreement the tenancy
converts automatically to a statutory periodic tenancy, which
runs on month to month. However, you would still be bound by
the rules for ending an assured shorthold tenancy and to give
appropriate notice if you required possession.
Unsigned
AST
I have a property and inherited a tenant upon purchase. I
have been receiving rent based on a six month assured shorthold
tenancy which, however, remains unsigned. Is the unsigned
AST binding as I now wish to take possession of the property
and I am unsure how I stand.
Collecting rent
on a regular basis means you have enforced the original tenancy
agreement, not creating a new tenancy. If that agreement was
entered into before 28 February 1997 you may use a s21 Notice
Seeking Possession. The fact an agreement is unsigned will
make little difference as a tenancy was created by the acceptance
of rent.
Notice
requirement
Last year I rented a flat for which I had a six month agreement
that expired on the 28 October. Although I stayed on, I was
told by the letting agent that I did not need a new contract.
It
is now four months later and I wish to leave. I have been
told that I need to give two month’s notice which is
what I would have needed to give during the tenancy period.
It contains no reference to notice periods after the contract
has ended and both my landlady and I understood that I only
needed to give one month’s notice.
I had been having
a few problems with my neighbours who were also renting from
the same letting agent and was not taken seriously. I now
believe that the letting agent will try to withhold my deposit
if I do not give two month’s notice.
Both my landlady and
I are unhappy with the service the agent provides. Do I need
to give two months notice and what do I do if they try to
withhold my deposit?
Be pleasant but
firm – in civil law, you are not required to give more
than one month’s notice and even though you agreed to
two months under the agreement, I think the letting agent
would find difficulty, even with the agreement, to hold you
to what could be seen as an unfair contract term. Take the
agent to the small claims court if it tries to withhold your
deposit, and complain to its governing body.
Mice mayhem
With my partner I
signed a six month tenancy agreement to rent a flat. Since,
we have had loads of problems with the landlord and the property,
the latest being that the flat has become infested with mice.
Before this, we had
intended to stay on as tenants and renew our contract and
were told by the landlord that we could do this by giving
him a letter at the end of the tenancy explaining that we
wished to continue renting on a periodic basis. Now, of course,
we simply wish to leave.
It states in our contract
that we have to give a month’s notice before leaving,
so for that reason the landlord says he can keep our deposit.
My argument is that the reason we want to leave so soon and
are unable to give a month’s notice is because the mice
problem got worse and the property is not in a habitable conditions.
We reported the mouse problem and the landlord who simply
told to contact the council – although I believe he
should have dealt with the problem himself.
Another problem was that I had a chest infection caused by
dampness in the property. We had radiators but the gas fire
was not serviced by the landlord so we didn’t use it
- the landlord was advised by his contractor but never actually
had it serviced.
I am very annoyed
and feel cheated of the deposit because we are only having
to leave so soon because of the conditions of the place.
Is there anything
we can do - such as report the property, and do we have any
rights in this matter concerning the mice? The landlord also
made what I consider to be racist remarks and wonder if this
is something we should take up also?
If you consider
that the landlord has racially abused you, you must report
it – it is a crime. Speak to your local authority which
may be able to assist you to take action.
I agree, the landlord
should have taken steps regarding the mice, but having said
that, if he is too idle, then do it yourself. Speak to Pest
Control. Mice are fairly easy to get rid of and there all
sorts of things you can buy yourself which can help.
The condition of the property sounds disturbing and well worth
reporting to Environmental Services. If they agree with you
about how bad it is, you have a good case to make in the small
claims court should the landlord refuse to return your deposit.
Consent
to let?
I own a leasehold
studio flat and the company that I pay ground rent to has
issued me a letter saying that I need their permission to
let out the flat. It has also included a bill of £117.50
for administration - checking to make sure that my insurance
is valid for letting. It also wants to know what kind of tenant
I have in there. I've never heard of needing permission to
let a flat from the leaseholder before. Am I obliged to give
the company information about who it is that I let to? Surely
that's none of its business?
The other thing is,
at the moment, all the flat owners in this converted house
(there are four units in what used to be a large house) get
their insurance through the freeholder’s broker. The
premium is for the entire property and the four of us share
a quarter of the whole amount. Do I have to go by that or
can I look for my own insurance?
You should check
your lease both about your right to sub-let and also what
it has to say about insurance. It is likely you will require
permission to sub-let from the freeholder. You will also need
consent from your mortgagors.And you will also need to ensure
that your insurance company has no issue with you letting
the property.
Informal
sub-letting arrangement
I have been renting
a property in Scotland for nearly two years. In the first
year I had two six month tenancy agreements after which there
was a verbal agreement with the landlady who was happy for
me to stay as long as I wanted. I also agreed with the landlady
that I was responsible for the property and I was allowed
to let the other two bedrooms as long as the property is kept
in clean and tidy condition.
I have recently got
a new house mate and she wants a six month contract for her
own peace of mind, but I am concerned that the landlord could
decide to sell the property and issue me two month’s
notice.
What would you advise
I do with regards to sharing the house with others and also
ensuring that I do not inadvertently break any laws even though
the landlord agrees to me sub letting?
I think you will
have to ask the landlady to issue your sub-lessee with a tenancy,
or confirm in writing that she is happy for you to sub-let.
As you only have two months security of tenure, I think she
will need to issue you with another six month tenancy, to
ensure the new comer has some security.
Reneging on a verbal agreement
We have been living
in a flat for many years, and have been good tenants. When
our landlord recently said he would like to rent out the house
as a whole, we said we wold be happy to take on the whole
lease. The landlord agreed verbally and an assured tenancy
of 12 months was to be signed. We were all due to sign the
lease in a few days.
In the meantime, we
have spent many weeks interviewing for new flatmates and have
invited the chosen ones to move in.
However, the landlord
has now told us he has received news from overseas of a ‘personal
disaster’ which means he has to sell the house immediately.
He will not tell us what the disaster is.
We have now been put
in the very awkward position of telling the new flatmates
the news and reneging on our verbal agreements with them!
It turns out that
one of the new flatmates is going to move in anyway for a
few weeks, but the landlord is making that person sign a lease
for the short few weeks.
My question is - is
this right? I mean, the Landlord is the one kicking us out!
The new flatmate has nowhere else to go, as their moving in
date had already been agreed upon. And the poor new flatmate
has been thrown into a terrible situation which is completely
out of his hands.
I suspect the landlord
is not telling us the truth about his personal disaster and
has simply decided to sell the house. Do we have any rights
regarding him reneging on our verbal agreement?
Without knowing
when you moved in, I don’t know what security you have
– if it was before February 1989, you may have quite
good security, so check that – the landlord may not
be able to evict you.
However, assuming
it is post this date, it appears the landlord is in order
to do this, provided he gives you legal notice. With regard
to the new flatmate, the landlord can give a tenancy agreement
for as short a period as he likes – but he will not
be able to use a section 21 Accelerated Possession procedure
to evict if the tenant has not lived there six months and
refuses to go, though he would be better taking the weeks
the landlord is offering to find somewhere else and move out,
rather than prolong what will become an unpleasant situation.
Assured
longhold lease
I have been living
in rental accommodation for approximately 17 months. My tenancy
agreement is headed ,’Assured longhold lease’
and was originally for five years ,with six months notice
wanted by the landlord.
The landlord wanted
me to leave last September because she said I had caused considerable
damage to the property. I asked her to explain and it seemed
it came down to damage to a shelf in the kitchen caused by
one of her own dogs that we were caring for at the time. She
told me I had one month to get out. Two weeks later she wrote
me another letter saying that we were now renting on a monthly
basis.
I now want to move
out and rang her and said I wanted to give her one month’s
notice, to which she verbally agreed. But when I called her
again she said that we had to revert back to the original
contract and I now have to give her six month’s notice.
I don’t know
what to do as I really want to move out. I have somewhere
else to go. But do I have to give her six month’s notice,
or just month ? She says she will sue me if I leave before
six months is up. Can she do this?
She can try, but
I think six months is an unfair contract term – civil
law says landlords have a right to expect one month’s
notice from a tenant. I can’t see this getting further
than a solicitor perhaps writing to you – but see trading
standards and get an opinion from them.
Six
month break clause
Our tenants signed
an assured shorthold tenancy agreement under part 1 of the
Housing Act 1988. I quote from the agreement itself: ‘A
term certain of 12 months from 24/06/2006. A Six month break
clause applies. Each party must give one month’s notice
to terminate the tenancy at six months. The tenancy cannot
be terminated before six months’.
The tenants want to move out and are willing to give a month’s
notice. In our understanding, if the six month break clause
was to apply they should have given notice at the end of the
fifth month and not now. And that they are liable for the
next six months as per the 'term certain of 12 months' and
would have to find tenants in order to get out of the contract.
We want to be certain that we are correct before we communicate
this to our tenants who will give the notice in a week’s
time. We are holding their deposit and there will have to
be deductions made in lieu of furniture damaged beyond usual
wear and tear (cigarette burns on sofas and the like). We
also have in mind to keep the remainder of the deposit in
view of the beaching of the notice period as this is totally
inconvenient for us financially. If we had to find new tenants
the costs of redecoration and refurnishing would be burdensome
at this point.
Your tenants have
signed an agreement which states the tenancy can only be ended
at the six month point, not after, so you are correct. However,
if they went to the small claims court, how reasonable would
it appear when you would have ended it on 24 December, but
find ending it on 24 February inconvenient? I would let them
go when they want, but that is up to you. You can legitimately
deduct from the deposit what you consider fair for damage,
though hopefully, the tenants would agree to this. If you
want to hold something back for breach of agreement you would
have to be prepared to argue for this in court. Certainly
advertising costs could come out. NEVER allow your tenants
to get new tenants – there have been enough letters
to this column to know that does not work – you need
to interview and feel happy with the new tenants – the
old tenants are hardly likely to be concerned whether they
will pay the rent!
Giving notice
I have two tenants in my flat, and one wishes to leave. They
both understand and accept the 'jointly and several' issue,
and realise that the second tenant will have to pay all the
remaining rent or give notice and leave too (unless the second
tenant finds someone else of whom I approve - I would be prepared
to go this route which I know the remaining tenant would prefer).
They signed a 12 month fixed term contract which is just coming
to the end of its first six months. No notice period or break
period has been specified in the agreement. I therefore assume
the statutory one month for tenants and two months for landlords
apply.
Notice has been given to me tonight by voicemail and I understand
this would apply from the next rent date (rent is payable
monthly).
Two questions:
1. Am I correct in thinking that my tenant's one month notice
was not given until one week into a rental month, her rent
commitment is for seven weeks rather than one month? Given
the tenants will be leaving before the end of the contracted
period I feel entitled to take as much notice as I can legally
get.
2. Given no notice period was specified in the contract, and
no break clause, are the tenants entitled to give notice at
all, and are they therefore liable for the rent for the remaining
six months? Or do their statutory rights entitle them to give
one month's notice after six months irrespective of the agreement.
I realise that you would probably recommend coming to a compromise,
as the tenants can just up and leave if they choose, but I
feel that the tenant who has not given notice would like to
stay and would be even more keen to find another friend to
rent with if I had the right and enforced the contract - and
that the second tenant might change her mind and stay if this
were the case (or at least stay until a friend was found).
In any case we discussed the 12 month term at the outset and
they assured me they would be there for at least 12 months.
1. Yes, the notice
period should really be from the rental period date, so she
should pay for the next seven weeks. But if the remaining
tenant gets someone who wants to move in, you would not expect
two lots of rent – the chap who wants to stay would
be better getting someone as soon as possible.
2. The tenants have
a right in civil law to give one month’s notice, though
this would not release them from the terms of the agreement
– which stipulates a 12 month tenancy. I am not aware
of a right to an automatic break clause after six months,
if they have signed for a year.
Sitting
tenant
I have recently purchased
a house with a tenant living in it. I was told by the previous
landlord that I need a new tenancy agreement, due to change
in ownership. The tenancy agreement would be a six month assured
shorthold tenancy, this is also what the previous agreement
was.
The tenant has been in the house for 18 months. By creating
a new tenancy agreement does this mean the tenant looses the
right of only having to give one month’s notice and
also myself as the landlord the right to give two month’s
notice for the tenant to leave?
A new tenancy
agreement only confers the same rights as the old one, in
this case. It is a statutory requirement for you to give two
month’s notice; the tenant cannot sign that right away.
Civil law requires a tenant to give one month’s notice,
but in practice there is little a landlord can do if the tenant
just ups and leaves. I’d be inclined to be amenable
about notice periods – two weeks is better than none.
Taking over from letting agent
I live and work abroad
and have been letting my house through an agent for the last
two years. The agreement has been a disaster from the start.
I wasn't paid anything for the first five months, even though
the tenant had paid her rent on time. The agent eventually
paid me the arrears and it was OK for a couple of months,
then payments became sporadic again. It culminated in the
agent owing me five months rent which he eventually paid,
but only after months of telephone calls and emails and bounced
cheques.
The agent has now ceased trading and I am now in the UK for
four months. The agent has waived any right he had for any
notice to be served and is quite happy for me to deal directly
with the tenant. I have met with my tenant and she too is
happy to deal with me directly. The agent has withheld (up
to the time of writing) my tenant’s deposit. My questions
are:
Do I need a contract with my tenant? Can I insist that my
tenant gives me a deposit? She is a reasonable person and
has kept the house in very good order, but this situation
could obviously change. What are my responsibilities as a
landlord to my tenant? For example, she has presented me with
a list of problems and I am unsure which ones I am obligated
to fulfil.
It is a statutory
requirement under the Housing Act 2004 that tenancy agreements
be in writing, and you should issue one with your contact
details.
Obviously you should
get a deposit, but your tenant would be justified in feeling
she has been badly treated if she does not get the deposit
back from the agents, so she can give it to you. I’d
discuss it with her – she should take the agents to
the small claims court, and when she gets it back give it
to you, but ask for a small sum as a good faith payment until
that happens. Your responsibilities are:
- to ensure that the structure of the building is sound;
- to keep installations for the heating of space and water
in good condition;
- to keep sanitary installations in good order;
- to ensure that any furniture provided meets fire safety
regulations.
Without knowing details of the problems it is difficult to
be precise about your obligations. A recent problem I heard
of was that the toilet was blocked. My initial reaction was
that the landlord should get it cleared. Further investigation
showed that the landlord had had it cleared only a few weeks
previously, and the plumber had said it was because newspaper
had been used instead of toilet paper. Being much thicker,
it was causing blockages. My advice under those circumstances
was that the toilet should be cleared, but the tenant asked
to pay for it, paying a small weekly sum if necessary.
Flat
for sale and visitors everyday
My landlord is selling the flat that I rent and has asked
us to allow in visitors and real estate agents. As a results
the flat is visited nearly everyday while we are at work so
we do no feel at home any longer. We have a shorthold tenancy
for 12 months and three months are still remaining. So can
we refuse these daily visits? And if so, until when?
It may be important to add that we knew the flat was on sale
when we moved in but this was supposed to be a quick sale
with sitting tenants to an investment company that would carry
on renting.
I think it is
the last paragraph that may prove difficult. I would generally
say that for your personal security and privacy, viewings
should only take place in the final month of the tenancy.
However, you state you knew it was for sale, so presumably
agreed to some viewings taking place. I think you need to
discuss with the owner and tell him how distressing you find
this situation.
Could the viewings be
restricted to only one day a week? It really is a question
of mediating with the landlord.
Recurring problems
My husband and I have been living in our rented flat for over
six months. Our lease is for 12 months. There have been many
disappointing elements of the rental including mould, appliances
not working, and water and heating problems. So after months
of recurring problems and unsuccessful solutions we have decided
it would be best to leave. The problem is that our landlord
(who lives in Amsterdam) feels that he has been more than
fair with us saying that he has sent workmen to fix the problems.
We have asked to end our lease early but his response is that
as he has done his best he would send bailiffs to collect
the remaining six month’s rent should we move out. Basically,
he has threatened us into staying. Is this legal?
This does seem
extreme, but technically the landlord is entitled to hold
you to the tenancy agreement.
Under normal circumstances,
I would expect him to have to take you to the small claims
court and they would look at what notice you gave, and what
steps he has taken to find a new tenant so as to mitigate
his loss. I say ‘normal’ because if he is in Amsterdam
and may therefore have genuine problems in getting a new tenant
and could make a case on this basis.
If the property is still in bad repair, Environmental Services
may put an order on it, which would force the landlord to
have the work done. If it was unfit for human habitation the
small claims court would have to find in your favour. It might
be worth offering to pay for advertising during the notice
period, and to allow viewings, if this would help him to re-let.
Jointly liable
My boyfriend and I share a house with two other people. It
is a privately rented house, and the landlord lives in Canada.
The property is managed by an estate agent.
We moved into the house at the beginning of August 2005 and
have a joint fixed term tenancy (of a year - extended for
another year), with a break clause allowing us to give three
months notice.
Recently our housemates have both changed, and one of them
has turned on us and is causing my boyfriend and I a lot of
misery. We find it impossible to remain in the house over
the weekends if she is there. She often brings her boyfriend
to stay, and we have overheard him threatening to beat my
boyfriend up. We have no idea why the relationships have disintegrated
so suddenly, but we would like to break our contract and move
out. We have contacted our letting agent. The firm told us:
‘Any notice given must be in line with the original
tenancy agreement. We set out below the relevant clause: The
landlord agrees that the tenant has the right to terminate
the tenancy after the first eight months by giving the landlord
not less than three months notice in writing to end the agreement.
‘The notice is to be sent by first class post and deemed
delivered two working days later; or delivered by hand and
deemed delivered the next working day; to the address shown
in clause 27.01 or the last known address of the landlord.
To avoid any doubt between the parties it is agrees that the
notice cannot commence any earlier than second day of January
2006 and cannot expire any earlier than first day of April
2006. The notice must expire at the end of a relevant period,
being the day before the rent normally falls due’.
This letter also warned us that ‘you are all jointly
and severally liable under the terms of the tenancy agreement’,
and that notice to break the agreement ‘is only valid
if all the sharers give notice’.
According to the agent ‘one or two persons cannot give
notice to bind the whole group - all of you will remain bound
unless all agree to give valid notice and leave’.
However, the agent conceded that two of the four would be
able to leave if this was agreed between the four tenants
and the remaining two wished to stay on and could afford the
rent, or if two new people wanted to move and agreed to take
on the rental commitment.
We are desperate to leave, and the atmosphere in the house
and the stress caused is making me very ill. I am very underweight
because of it, and am constantly ill. We feel like we are
being forced to stay in our room while they are there.
What are our rights? Can we break the tenancy without the
others agreeing? We have read a great deal of information
on this, but it all seems to contradict each other.
Generally speaking
a joint tenant cannot end the whole tenancy - if one tenant
simply leaves, the tenancy devolves on the remaining tenants,
who are jointly and severally liable. So you cannot say to
the agents ‘we are leaving; therefore we are ending
the agreement and the others will have to leave’. My
concern is that you signed an agreement that seemed to indicate
that you were happy to be tied into something without the
flexibility. However, you could argue that this was an unfair
contract. It may be worth speaking to Trading Standards. Try
and discuss the situation reasonably with the agents –
they cannot expect that you will stay in a property where
there is any risk to yourselves - and threats of beating up
would indicate a risk. The agents may be more helpful than
you expect.
Early end of tenancy
I moved into a two
bedroom flat with a friend earlier this year. The lease is
for a period of 12 months with a break clause at six months
(notice of two months at month four). We are three months
into the agreement and for a number of reasons my friend and
I are unable to continue living together. This is an amicable
agreement (so far!) and I would like to do the right thing
by both my friend and the landlord (who lives downstairs).
Although I am the one moving out and effectively breaking
the agreement we are both in agreement that this is the best
solution.
I would like to move out sometime within the next month and
have just paid my rent for this period. There is a possibility
that we have found someone to take over the balance of the
lease (another friend) but if this does not happen we will
obviously need to find a replacement. As I said it is very
important to me to do the right thing by everyone involved
but I also need to safeguard myself. I would like to know
where I stand and what I am legally permitted to do/not do.
Ideally we will find someone to take over the remaining period
at least until the break clause can be utilised. If I am able
to do this will my name be removed from the lease completely
and the new person placed on the contract? I would hope this
is the case as I do not want to sub let the room and find
myself liable.
Can the landlord or my flatmate refuse this option? Is a new
lease required or will a simpler document suffice effecting
the change of one tenant and no other amendments? I have not
informed the landlord at this time as I did not want her to
worry and was hoping to go to her with the solution already
in place but I am not sure if this is the correct procedure.
The important
thing here is – was it a joint tenancy? If so, then
your leaving would break that tenancy. I would hope that if
you went to the landlady with a new tenant, that she would
gladly issue a new tenancy in the new names. What she may
not want is someone moving in for two months. I think you
also need to be clear that you are asking the landlady for
approval before you offer the flat to anyone – you and
your friend were presumably interviewed, references were asked
for – she would need to interview anyone who is moving
in. Yes, the landlord can refuse the option, but is unlikely
to, if you approach it properly. Your flatmate can also refuse,
though it is difficult to see why, if it is a friend and your
parting of the ways is amicable. If you cannot get agreement,
then I am afraid you will have to stay put until the six months
ends, but I think your landlady will probably be amenable.
Landlord
selling: tenant buying
I recently renewed
a 12 month contract with my landlord only to find out by letter
two weeks later that she planned to sell the property. I was
offered it at a reduced price. However, as I don't want to
buy this house, I am still in contract until July 2007. Had
I known that the property was going to be sold, I would have
asked for a six month contract.
I am now in a position to buy a house and have seen one I
would really like to buy. However, I have a problem in that
I am in a contract until July of next year. There doesn't
appear to be a ‘break’ in the contract and I am
worried being charged for rent until July.
Is there any way out of this contract? It seems unfair that
the contract would have been cancelled had I bought the house
but because I am not it will continue on. And had I been told
of the selling of the house when the contract was being renewed,
I would have only asked for a six month contract.
Is there any way of getting out of the contract early?
I think you’ll
only do it by goodwill and sadly, quite a lot of landlords
want a tenant while it suits them and can be quite stroppy
when it doesn’t suit. She would have to take you to
court to hold you to the contract and I think you could then
argue that this had made you unsettled as you were not aware
that she was selling when you signed the contract. I’d
try and negotiate it with her.
Leaving
early (again)
My flat was originally
let to my flatmate and me. A year later she moved out and
my boyfriend moved in, taking over her lease and sorting out
everything with the letting agency. Originally our lease was
for six months, however I asked for that to be changed and
the leaving date was put back five weeks.
Things were going fine until we finally found a flat that
we were interested in purchasing. When we made an offer and
heard this had been accepted I notified the landlord in writing,
saying we would now be leaving two months earlier than planned.
The landlord was fine about this and said that the flat would
be put up for let on the website and we would be liable for
the rent until anyone moved in. This I understand completely.
However, although this happened two months ago, the flat has
only just been advertised.
We have asked the landlord if he would agree to keep the deposit
in exchange for releasing us from liability for the rent after
we move out. Can this work?
We feel the landlord has not done anything to try to let the
flat. I have done a lot of the work which I don’t necessarily
think is fair.
I think the landlord
may very well agree to this, but I feel he has probably not
acted as fairly as he could. For example, if you left and
asked for your deposit back and he disagreed, you would be
within your rights to go to the small claims court. They would
accept your rental liability, but would also be expected to
look at what steps your landlord had taken to re-let the property,
which sounds to have been very few. If, however, your landlord
does not accept your offer and you move, then he would have
to go the small claims court route and you would make your
case as you made it in your question. Good luck!
Gas
and electricity
I have them on Tenancy
Agreements with a Resident Landlord - should I change them
to Assured Shorthold Tenancies in any case?
I have four tenants in my property under separate assured
shorthold tenancies (I bought the contracts from W H Smith)
which automatically continue after the initial fixed period.
By 1st Feb 2007 all of these tenants' fixed terms will have
expired.
When I initially started letting the property I also lived
there as a resident landlord, so I included all bills (except
phone) in the monthly rent. However I have since moved to
the USA.
About six months ago I gave the tenants two months' notice
that I would no longer include gas and electric as I no longer
lived there and could not regulate usage (electricity bills
had more than doubled). They were very unhappy about this
as nobody wanted to take the bills in their names (they did
not know each other before moving in) so I agreed to keep
them in my name, but only if they would agree to pay proportionately
more if the bills increased again. They all agreed to this
by email.
Now my latest bill shows the gas has also more than doubled.
I notified the tenants that from December they would have
to pay the increase, as well as £30 each, for the September
to November quarter.
At least two of them are refusing to pay for last quarter
but I feel I must insist they are responsible for their gas
and electric going forward to avoid future headaches like
this. I am happy to reduce their rents by the amount currently
included for bills and can give them two months' notice of
the change, but how am I best to go about this to avoid more
conflict?
As I said, their contracts are off-the-shelf types which actually
state tenants are responsible for all bills on top of the
fixed rent, but I have based the inclusive nature of the contract
on goodwill (although mine is now running out!). Can I withhold
the owed amount from their deposits when they leave, and how
could I prevent them withholding their last month's rent to
guard against this? In the meantime, should I draw up new
tenancy agreements?
I think you should
make it very clear to anyone who is not prepared to pay the
appropriate sum that you will serve them a two month notice
seeking possession. I am afraid it would depend very much
on what your receipt said about what the deposit was held
for and whether you can make a deduction from the deposit
– service bills are not usually included. I think the
only way you could stop the tenants withholding the rent for
the last month is to appeal to their goodwill – which
appears to be lacking at present!
Yes, prepare new tenancy agreements – I would have preferred
these were done when the arrangement changed. Any new tenants
must get individual bills in their own names, so you may need
to get new meters installed. Then, if a tenant leaves a debt,
he will be pursued by the energy companies – as it stands
at present, you could be left with a debt and little chance
of recovery as the bills are in your name.
Partner
moving in
I have been renting
from my current landlord for about 10 years. In the past two
years my partner has moved in and is using the address as
his official address. I have a single tenancy agreement and
would like to continue with that arrangement, with my partner
simply splitting the household bills. However, my landlord
is keen to place us on a joint tenancy agreement, saying that
if we split up, my partner may have squatter's rights. Is
this correct? Would it not be the case that a joint tenancy
agreement would be a greater liability for the landlord?
Am I entitled to stick
with a single tenancy agreement?
Squatters have
no rights, unless they have lived in what was an empty property
for a very long time- not the case here as you have a tenancy.
If you decided to move out and your partner remained, the
landlord would issue a Notice to Quit as he is there under
licence only ie with the permission of the landlord. A joint
tenancy makes you both jointly and severally liable for the
rent, so he could pursue you both, if you leave rent arrears.
If one of you decided to terminate the tenancy, then it would
end it for both of you anyway. The only thing to beware of
is to ensure that there is no fraudulent claim is made should
one of you become unemployed.
Inspection
visits
I have a tenant who
moved into my property in 1994 without any formal tenancy
agreement. He now refuses me access to view my property at
any time.
Do I have the legal right to inspect the property, given that
I can provide some 24 hour’s notice? .How should I progress
this with the courts? Solicitor’s letters have been
to no avail.
This is quite
tricky as if your tenant will not allow you in, it is difficult
to insist, even though you are doing what is required by providing
notice. As it was 1994, the tenant has an Assured Tenancy,
so has greater security and it would be difficult to threaten
eviction without a proper ground. Do I take it he is not allowing
access for gas safety inspections? If so, he is putting himself
at risk and also you –failure to inspect gas appliances
and obtain gas safety certificates is taken very seriously.
As you have already done what would be recommended, ie got
a solicitor to write a letter, I think I would contact Environmental
Services and have a chat with them. They can almost certainly
enter the property and ensure that there are no outstanding
repairs and also ask about the gas safety.
No written agreement
I moved into my part
furnished flat on 9 December 1989 and was give a rent book,
after six months the rent book expired and I was not given
a new one, so I just carried on paying my rent in the normal
way. I did not sign an agreement and the landlord lived upstairs,
however my landlady is now in a nursing home and her daughter
has asked me to sign a six month tenancy agreement. Where
do I stand? I have been told that I am a sitting tenant, please
can you advise me.
I would say you
were an assured, rather than a sitting, tenant. This does
give you considerable security in law. You should not sign
a new six month tenancy agreement, which would almost certainly
be for an assured shorthold tenancy, with little security
and the right to evict you after six months. My only concern
is whether you actually have a tenancy, or a licence. If you
shared any facilities with the landlord, you could be classed
as a lodger.
Early
termination
I have a group of
tenants who signed up on an Assured Shorthold Tenancy.
This was done in June for a tenancy which did not actually
begin until 1 September 2006 and deposits by all five tenants
were paid.
Before the tenants moved in I received a letter from one of
the tenants stating that she would not be returning to University
and therefore would not be receiving her student loan. Therefore
she would be unable to afford her part of the tenancy.
The other four still wish to continue but do not agree to
pay her portion. I did have her parent sign a guarantor agreement.
Please can you advise whether the tenancy agreement and guarantor
agreement is enforceable even though the tenant did not move
in before the official start of the tenancy.
If this was a
joint tenancy, the other tenants are jointly and severally
liable – they cannot, therefore, take it upon themselves
simply not to pay her portion. They are liable, until they,
or you, get another tenant. Whether the tenancy agreement
and guarantee are legally enforceable is another question.
If it went to court, the departing tenant could make a case
along the lines that she gave you plenty of notice –
and what steps had you and the other joint tenants taken to
get another person in place? I’d try and speak to the
other tenants and see if you can get any kind of compromise
in place.
Lodger
notice
I have a lodger with
no written contract. She pays me at the beginning of each
month for the month in advance. She has been with |