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Matt Henson

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  1. So it would appear I am wrong about the 365 days but L needs to serve a section 13 notice and give you a full months notice of rent rises and they CANNOT stipulate anything other than one months notice to you, so ignore that
  2. Have you signed a new AST or as the letter suggested have you just automatically entered a statatory period tenancy? I am sure that is the case There are two statatory errors in this letter if that is the case assuming you live in England or Wales (you login may be a clue ) 1) The landlord needs to follow a legal process to increase the rent using a section 13 notice giving you two months to decide if you want to accept the rent rise or leave 2) The landlord cannot allow you to sign away your statatory right to provide a full months notice to leave. Please ignore the notice request, it would be polite to do so but you have no legal obligation to do so, and ensure the follow the section 13 notice process which incidentally, thet cannot use until 365 days after the fixed term of the last contract expires. Register on landlordzone.co.uk and ask the same question (post letter) there are more experts (real solicitors) over there to validate my statement
  3. Planner, should L not envoke the break clause and issue a S21( similtaneously as the breakclause has brought about the end of the fixed term. I am thinking an s21 alone simply requires T to leave at the end of the contractual term. Assumes L did not send a cover letter evoking the BC Also is the S21 not invalid as it needs to expire after the full two month notice i.e.after the 9th and not the 7th
  4. The landlord cannot give up his responsibility for repairs under section 11 of the 1985 Landlord tenant act, you need to contact your local environmental health officer and get them to issue and enforcement order. L should also be fines for even asking you to get a gas safety cert. Throw the book at L, this is not fair and you are being taken advantage of
  5. I now agree I misread the orignal post, by moving in the LL has accepted that the tenancy was terminated on the 14th
  6. If you live in a big old house I think you have to accept small furry beasties as part of the territory, I have always lived in old placed and just learnt to ignore them... shooting the rats is good fun though!!!
  7. Sadly unless you both agreed a "surrender of tenancy" in writing you are most definitely liable for the remain rent. There is nothing stopping you from leaving early but it does not mean you still owe rent
  8. I have to say but think your self lucky you are on Gas, I live in a 4 bed rural house on Oil and have spent £940 on two loads of oil since December which will last until the middle of April I guess. The first delivery was OK at 38p a litre but the oil companies profiteered during the big freeze and as we only had a 1250 liter oil tank we needed to buy a refil at 52p per litre... ouch To Porca... me thinks you were either making up for an over estimate or have a whoping bill coming your way, £38 for three months would not even cover the cost of heating hot water for three months
  9. You simply need to use the argument that fee has to cover work done, where no work is done (as in this case) it is a penalty and penalties are deemed unenforceable. There is no change to the contract, it automatically reverts to an SPT
  10. The LL is required to provide a name and address for notices by law (section 48 1987 LTA) and providing you are sending letters to this address you are meeting your side of bargain. The rest is his problem and set off is a perfectly legal was to solve the problem
  11. You are right the current contract is between you and LL and remains in force and so a new one is not required The LL is required to provide details of the deposit scheme/insurance within 14 days, if not they are in breach and you can apply for 3x penalty (although I imagine the documents will appear sharpish if you start that action) Regardless of the new LA the inventory vs. your photo's is what the TDS folks will be use to assign proof of damage if any I would just ignore this bunch of idiots, you have a contract, an inventory and photo's, you just need proof that the deposit is protected
  12. It is utter rubbish, just ignore but make sure there is not an SOD S21 in place (check to see there is no section 21 notice given with the AST) the TDS scheme would not allow them to take such as fee from the deposit, very unfair, if the agent is a member of ARLA report them. If they try and make the deduction just dispute it.
  13. They can ask for 2 months notice it but it is totally unenforceable, you can not sign away your statatory rights to 1 months notice, it would be polite to give the LL the two months if you can but you are not obligued to give it. remember the one months notice has to be given on or before the day in the month the contract originally started. LA's can be such knobs
  14. What day in the month are you supposed to pay rent and when did he tell you he wants the house back Even with out a contract you are protected by a statatory tenancy which means the LL must give you two months notice on or before the day of the month the tenancy started and that needs to come in the form of a section 21 notice. He must also provide a rent book if you pay cash Did you pay a deposit? when did you move in? Either way it sounds like he is on thin ice, particularly if you paid a deposit
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