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alangwd
22-02-2008, 18:59 PM
Hi folks,

My LL has sent me another letter requesting a response to his previous letters to me.

I have drafted a letter and would be grateful if you could advise me if this would be OK to send to him. The highlighted text in the first paragraph, would this indicate in anyway that I am willing to leave? The second paragraph I am not too sure as to its legality.

"In reference to your letter dated 22nd February in regards to your letter dated 31st January 2008, you are evicting me. Your letter dated 8th February informing me that you are selling and would like a date for when I am to leave the property. I have not as yet secured a new home.

As you are selling I would expect my full deposit returned to me on the handing over of the keys as I cannot see there being no reason not to do so."

Thanks in advance

Grange
22-02-2008, 19:12 PM
I'd ignore the deposit issue for now. The reason for waiting a month is so that the landlord can settle any utility bills you may have 'forgotten' to pay.

alangwd
22-02-2008, 20:00 PM
The utility bills are all in my name and are paid by DD. I will be requesting that these be tranfered to the new property I rent to enable me to keep with the same provider as they have been a good supplier both in cost and customer service.

Surrey
22-02-2008, 20:29 PM
I don't know any of the background (probably on another thread I haven't got to) but I can offer some suggestions for your highlighted bit.

"I have not as yet secured a new home.

As you are selling I would expect my full deposit returned to me on the handing over of the keys as I cannot see there being no reason not to do so."

If you're going to send the letter, the "no" needs to change to "any", to avoid a double negative.

alangwd
23-02-2008, 08:27 AM
Thanks Surrey

Ericthelobster
23-02-2008, 09:26 AM
The utility bills are all in my name and are paid by DD. I will be requesting that these be tranfered to the new property I rent to enable me to keep with the same provider as they have been a good supplier both in cost and customer service.Doesn't work like that; you'll need to set up new accounts with the new property, and pay off/close the old ones - not that this really has any relevance to your issue.

I haven't seen the original thread so don't know what the thrust of the problem is (it's always better to tag updates on to the original thread, or at least include a link to it in your new post); however I would suggest if utility bills are the issue, that you request the LL refunds your deposit as soon as you send him copy of receipted bills for the utilities, showing they are paid up, which you should get within a week.

Yes, you're right that because the bills are in your name this shouldn't be an issue for the landlord, but I can tell you it still does potentially cause aggro for the landlord (and maybe the following tenant) if a quitting tenant leaves bills unpaid, so I can well understand if that's the landlord's stance.

alangwd
23-02-2008, 10:28 AM
Sorry Ericthelobster, I should have included the original thread: http://www.landlordzone.co.uk/forums/showthread.php?t=9347&highlight=notice+quit

alangwd
24-02-2008, 11:23 AM
Hi folks,

I have been reading with interest other posts here and have a couple of questions to ask.

1) My LL has - in the past - said that he owns the white furniture in the kitchen. This is not true as I have paid for and have receipts for all the white furniture. There was no inventory provided to me when I moved in. If the LL withholds the deposit claiming it is for the white furniture how much of a fight would I have to get my deposit back?

2) I moved in June 2005 and paid a deposit, does this deposit come under the new regulations?

johnboy
24-02-2008, 11:37 AM
1 If there is no inventory it works in your favour if it goes to court and i think you would easly win especialy as you have the repiects.

2 The new deposit laws only affect new contracts signed after april 2007

Ericthelobster
24-02-2008, 11:41 AM
1) My LL has - in the past - said that he owns the white furniture in the kitchen. This is not true as I have paid for and have receipts for all the white furniture. There was no inventory provided to me when I moved in. If the LL withholds the deposit claiming it is for the white furniture how much of a fight would I have to get my deposit back?None at all I wouldn't have thought. If he knows you have receipts, I really can't see the landlord trying it on.

alangwd
29-02-2008, 11:58 AM
The latest letter from my LL is as follows:

"After careful consideration and in light of your comments with regards to your work commitments, I am pleased to inform you that we are prepared to extend the period of your tenure for the property. Unfortunately if has however become necessary to slightly increase the rent payable for the property. The increase has become necessary due other overall increase in costs. The new rent, payable from 20th March will be (he is increasing the rent by £20). I can however assure you that no further increases will be applied for a minimum period of 12 months from this date.

If you wish to enter into a new tenancy agreement could you let me know as soon as possible so that I can inform the Agents acting for the property accordingly"

I do not agree with the increase in rent as the repairs he was forced to do by the Housing Inspector should have been undertaken before I moved in back in 2005. They are what a tenant would expect from a property as a standard of living not as an addition. There are still two outstanding repairs he has not undertaken, these not coming under any order from the Housing Inspector. These are radiator hanging off wall in main bedroom and blocked drains.


"The increase has become necessary due other overall increase in costs" the only increase costs I can see is the repiars he has had to make.

Can the LL increase my rent just like that if I stay, but if I choose to move does his letter of 'Notice to Quit' still stand?

"Agents acting for the property accordingly" what Agent he is a private LL without an Agent to my knowledge.

The original Tenancy Agreement was signed in June 2005, can he implement a new TA before June?

jeffrey
29-02-2008, 12:16 PM
L cannot increase rent unless:
a. you agree, informally or by new AST; or
b. by mechanism set out in AST; or
c. by Notice under s.13 of 1988 Act.

alangwd
29-02-2008, 13:31 PM
Thanks Jeffrey, I don't agree as I beleive the increase is to cover his costs for the repairs. The repairs should not have been done as part of my standard of living, not at an extra cost to myself.

As I intend refusing the increase would the 'Notice to Quit' still apply?

Esio Trot
29-02-2008, 14:03 PM
You could try another avenue.

Firstly you will need to discover if the LL agents are switched on to deposit protection - and what they do for let-only landlords (which I presume your LL is).

If you were to sign a new agreement, only do one for six months (albeit you will probably have to do it at the new rent).

DO NOT SAY ANYTHING ABOUT DEPOSIT PROTECTION TO ANYONE. Wait to see if your LL has sent you the "prescribed information" within 14 days.

If you get the prescribed information, then at least you know that your deposit is safeguarded for when you leave. If not, then you have recourse to law for mandatory compensation of 3 x the deposit.

alangwd
29-02-2008, 14:36 PM
Thanks Esio Trot,

My LL doesn't have an Agent he lets all his properties himself. The Agent he has made reference to I think is an Estate Agent he said that was going to sell the property. I think he mentioned an Estate Agent as an excuse for my Notice to Quit. Which LL evicts a tenant leaving the property empty, then put the property on the market, that to me is bad management.

Ericthelobster
29-02-2008, 18:05 PM
My LL doesn't have an Agent he lets all his properties himself.Not relevant, he still has to comply with the tenants' deposit legislation.

Which LL evicts a tenant leaving the property empty, then put the property on the market, that to me is bad management.Well, have a read of some of the many posts on this forum by tenants bleating that they are being disturbed by prospective purchasers and you'll perhaps understand... the other issue is that purchasers may be put off by there being a tenant in situ, as it can slow down (or even stop) a purchase.

alangwd
02-03-2008, 12:22 PM
Not relevant, he still has to comply with the tenants' deposit legislation.


Thanks for your reply Ericthelobster, to my understanding I do not come under this legislation as my deposit was paid in June 2005, or is there other legislation that covers me?

Ericthelobster
02-03-2008, 13:31 PM
to my understanding I do not come under this legislation as my deposit was paid in June 2005Yes, as you've already been correctly advised earlier.

The point Esio Trot made was that if a new agreement was set up now, then the new deposit legislation would be in force, regardless of when you originally paid the deposit. However, in your reply you seemed to be indicating that you thought that wouldn't be the case, as you were not renting through an agent?

johnboy
02-03-2008, 13:45 PM
As I intend refusing the increase would the 'Notice to Quit' still apply?

I Didnt think you could refuse a rent increase if it was done correctly thro a section 13.

Or am I wrong????

alangwd
02-03-2008, 17:26 PM
Thanks for the reply johnboy.

There has been no s13 issued or any other section notice, see my post 29-02-2008 12:58 PM that is all my LL has issued.

I have sent a letter requesting contact details for his agent so I can discuss my LL rent increase.

Going back to my original post 'Notice to Quit', with this letter [29-02-2008 12:58 PM] does this mean/infer the Notice to Quit is cancelled?

alangwd
05-03-2008, 18:10 PM
I have 3 questions about the situation as it stands.

After sending a letter to my LL stating that I do not accept the new rent increase he replied "The requirement to pay the increased rent is not optional and remains payable from 20th March, regardless of whether the tenancy is renewed"

Q1. I think it is optional or am I incorrect?

He then goes on to say "As you have not commented upon renewing your agreement, our request for you to vacate the property remains in place and therefore I look forward to your cooperation in ensuring the property is vacated b 31st March"

Q2. In regards to the quoted part of my LL previous letter below, does this mean that he has withdrawn his 'Notice to Quit' and the above comment can be ignored?


The latest letter from my LL is as follows:

"After careful consideration and in light of your comments with regards to your work commitments, I am pleased to inform you that we are prepared to extend the period of your tenure for the property.

If you wish to enter into a new tenancy agreement could you let me know as soon as possible so that I can inform the Agents acting for the property accordingly"


Q3. On the subject of 'the Agent' should I have been informed who this Agent is?

As always your comments and knowledge are greatly appreciated.

alangwd
06-03-2008, 13:40 PM
Anybody have the answers please?

Alangwd

jeffrey
06-03-2008, 13:57 PM
Anybody have the answers please?

Alangwd
I have already answered Q1. See my post #12.

jeffrey
06-03-2008, 13:59 PM
Q3. On the subject of 'the Agent' should I have been informed who this Agent is?
Not yet, because L seems to contemplate contacting Agent only if/once you agree terms of a new AST.

alangwd
06-03-2008, 14:19 PM
I have already answered Q1. See my post #12.


My apologises Jeffrey.

It now seems to me that my LL is saying pay the new rate and/or sign a new Tenancy Agreement or leave on 31st March.

alangwd
06-03-2008, 14:24 PM
What has happened to the thread title, I see it as 'Utility bills/deposit-what happens when tenant leaves?' when it should read, 'Notice to Quit Part 2':confused:

jeffrey
06-03-2008, 14:47 PM
My apologises Jeffrey.

It now seems to me that my LL is saying pay the new rate and/or sign a new Tenancy Agreement or leave on 31st March.
Yes, but you do not have to do these. He has not served a s.13 Notice, has he, for instance?

alangwd
06-03-2008, 14:48 PM
Could you explain what a s.13 Notice is please Jeffrey

jeffrey
06-03-2008, 14:57 PM
Could you explain what a s.13 Notice is please Jeffrey
A Notice under s.13 of the Housing Act 1988, proposing an increased rent.

Use "Macro search" feature [for more information],
or go to "Agreements", then "Notices" [to see what the Notice looks like];
both are in the top bit of LZ screen display.

alangwd
07-03-2008, 11:04 AM
Thanks Jeffrey, much appreciated.

alangwd
07-03-2008, 11:16 AM
He has not served a s.13 Notice, has he, for instance?

My LL has not served any Notice whatsoever on me to date, the only thing/s he has sent me are letters of which the contents I have posted here.

jeffrey
07-03-2008, 11:23 AM
So he is not yet entitled to any increased rent unless you agree by beginning to pay it.

alangwd
07-03-2008, 12:22 PM
I have sent yet another letter to my LL informing him that I do not agree with the rent increase and that I will not be adjusting the Standing Order for his suggested increase.

On the subject of the kitchen that has been fitted, in my last letter I informed the LL of the faults his inexperienced workmen left it in. He is now wanting to send them back to do the repairs. I have informed him that I am not willing to take any more time off work. The reason being that it took him two months to buy and fit the kitchen and in that time I took over a week off work [in single days] for his workmen to fit it. What access do I give the LL to do these repairs?

Grange
07-03-2008, 12:34 PM
If you won't let the workmen in, how can L make the repairs?

alangwd
07-03-2008, 15:27 PM
I understand what you are saying Grange, but it took the LL 2 months to buy new kitchen units after ripping out the old one. Then it took his workmen over 2 weeks to fit it.

When they were fitting the sink I advised them to seal it before they secured it - the LL hasn't supplied any sealant was the reply - we will have to do it later. As a consequence water leaks down into the inside of the unit. To repair this the sink would have to come out again, it took them a whole day just to fit it last time that is after having to go back 4 times to B&Q for the right fittings.

I think I will leave things as they are now that i have informed the LL as it looks like I will have to move out.

alangwd
30-06-2008, 19:10 PM
Hi folks,

Thought It was about time I informed you all of my situation since I last posted back in March.

I sent a letter asking my LL for contact details of his agent so I could discuss a new tenancy agreement. I have never heard back from my LL since asking so at the moment I am still living in the same accommodation.

I have been seeking new accommodation and have a house to go to as soon as the owner finds a property for them selves.

I'd like to thank everybody who has helped me so far with my situation.

hellomoto
09-08-2008, 21:16 PM
Hi
Im new to all this malakry and dont know how to post a new question!!!! However, you may be able to help me! hopefully!
I have had tenenats in my rented property for 3 years. They moved out fine and dandy recently. I took a deposit from them when the moved into the property. On inspecting the property once they have left and returned keys, I wasnt to happy. The property wasnt really cleaned at all. There was 15 missing lightbulds. phone line cut. broken blinds etc etc. certinately not the state I left a property when I used to rent! What can I use the deposit to cover for? And also whos responsibility is it to paint the place once they vacate? Thanks for your help and sorry to randomly have picked you!!!

alangwd
13-08-2008, 12:25 PM
I have finally found another property to rent. I was informed yesterday that I can move in, the property is vacant so I can move in next week. I am keen to move from where I am at the moment as the LL still hasn't finished all the works the council requested.

I have two questions:

1)Am I OK to only give my LL one weeks notice as I have been in the property for 3 years. he may be glad to see the back of me lol

2)The rent is up to date but my moving out day is two days after the rent will be due for this month. Can I ask the LL to take the two days rent from my deposit?

jeffrey
14-08-2008, 10:09 AM
On point 1, remind us: did you have a fixed-term tenancy and did it expire?
If so, you are holding-over on a monthly periodic tenancy. You can end this at a month end, pref. by telling L a month in advance.

alangwd
15-08-2008, 11:27 AM
Hi jeffrey

yes it was a fixed tenancy and it has expired.

If I have read you correctly, I have to give one months notice that I will be leaving the property. Without this notice could the LL request a months rent off me in lieu of this time?

jeffrey
15-08-2008, 11:34 AM
You, as periodic tenant, cannot require L to accept short notice (or no notice at all). You can end the periodic tenancy only at a period end.
Notify L at least a month beforehand. Some members hold that a formal written Notice to Quit is required; I don't.