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TalonX1
31-03-2008, 17:59 PM
Hello,

I'm having the following complicated situation with my tennants:

Our annual rental contract expired today and until three weeks ago i had the intention to renew the deal (and we had already principally agreed in writing we will extend). But no actual contract was signed.

At the same time we are renovating the outside of the flat and since this requires putting up scaffolding the tenants are now asking for a discount (they cant use the garden for 2 month).

We couldn't come to an agreement on the discount and now the tentants are saying they won't allow the builders int he house to allow them access to the garden (to errect scaffolding).

I have a couple of questions:

a) is it legal for the tenants not to allow the builders access to garden if given reasonable notice period ?

b) is the contract valid if not signed (but conditions were principally agreed in seperate emails) ?

c) can costs incurred by delaying build up of scaffolding to tenant ?

I bascially want to get rid of tenants now.

Beeber
31-03-2008, 18:58 PM
a) Yes, housing law enshrines the right to quiet enjoyment of the property by tenants and landlords are required to give notice and gain permission for work to go ahead.

b) A periodic tenancy automatically follows the fixed-term if the parties do nothing (i.e. they do not sign another agreement). To end a shorthold tenancy the landlord must give at least two months' notice under Section 21 of the 1988 Housing Act. Where the tenancy has become a periodic one the notice given must expire on the last day of a rent period. For example, if a monthly periodic tenancy rent day is the 20th of the month, the two month notice period must end on the 19th of the month in question.

http://www.landlordzone.co.uk/notice_to_quit.htm

c) no

How much is the discount that the tenant is asking for considering they are unable to use the garden for most of the spring? Might be easier to accept the compensation being asked for given that you won't be able to get the scaffolding in for 2-3 months, depending on when you serve the 2 months notice.