Bankside
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Posts posted by Bankside
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Thank you Bankside! I will physically be moved out by 30th December - my LL will be on holiday from 22nd December until 31st December so do you think that I should post my keys back to him using special delivery?
You're very welcome.
I'd ask him how he would like you to leave the property and who to give the keys to.
Out of interest, was there an Inventory check in at the beginning of the tenancy?
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Welcome to the madhouse Miss Kitty,
As far as I can see you're absolutely correct. The AST became a Periodic tenancy after the initial period and you are to give one months notice prior to the date of the month of the initial contract - in your case the day before the 1st Dec - and therefore you will vacate on Dec 31st.
I'm sure someone with more credentials will be along shortly to point you towards the correct piece of legislation - and I recommend you pass to your landlord.
In regards to your deposit, this should be held in one of the three official Deposit Hoding Services (you should have received notice within 30 days from the start of your tenancy with details of which scheme). They will not allow your LL to take the funds without due cause.
In saying all that - are you sure you wish to move on New Years Eve?
Cheers
Bankside
Here you go - https://www.gov.uk/private-renting-tenancy-agreements/how-to-end-your-tenancy
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Hi everyone,
I wonder if anyone can help me with a problem I can’t seem to find a clear solution for anywhere on the internet!
Last year I entered into an Assured Shorthold Tenancy Agreement which commenced on 1st September 2011 for 12 months – I continued to stay at the property after 31st August 2012 and my landlord didn’t follow this up with a new agreement or any communication.
I recently served notice to end my tenancy on my landlord via email on 18th November and by formal follow-up letter on 19th November.
I pay my rent monthly on the 1st day of each month – so I calculated that my last day at the property would be 31st December 2012 (i.e. the last day of the following rent period after notice was served),however my landlord is disputing this and thinks that I should have served 2months notice and therefore should be paying rent until 18th January 2013!
I argued that the tenancy has now become a statutory periodic tenancy because it now continues from month to month on the same terms. He is arguing that the tenancy is a contractual periodic tenancy and the notice period should be 2 months in line with the contract.
The relevant contract provisions are:
The Term 12 months beginning on 1st September 2011 (‘the fixed period’)
The Tenancy will then continue, still subject to the terms and conditions set out in this Agreement, from month to month from the end of this fixed period unless or until the Tenant gives notice that he wishes to end the Agreement as set out in Clause 4 overleaf, or the Landlord serves on the Tenant a notice under Section 21 of the Housing Act 1988, a new form of Agreement is entered into, or this Agreement is ended by consent or a court order.
4. Ending this Agreement
4.1. The Tenant cannot normally end this Agreement before the end of the Term. However, after the first six months of the Term, if the Tenant can find a suitable alternative tenant, and provided this alternative tenant is acceptable to the Landlord (the Landlord’s approval not to be unreasonably withheld) the Tenant may give notice to end the Tenancy on a date at least two months from the date that such approval is given by the Landlord. On the expiry of such notice, provided that the Tenant pays to the Landlord the reasonable expenses reasonably incurred by the Landlord in granting the necessary approval and in granting any new tenancy to the alternative tenant, the Tenancy shall end.
I have argued that clause 4.1 is a break clause and relates to the fixed period only – he is arguing that this clause also applies after the fixed period has expired. But if he is right then the clause doesn't make sense and is totally unfair?!
He is threatening to deduct the amount of rent which he has calculated to be from 1st Jan – 18th Jan 2013 from my deposit but I don’t think that he can simply just do this!
Please can you let me know your thoughts as to who is right here? I am seriously considering mediation services!
Thank you!
Welcome to the madhouse Miss Kitty,
As far as I can see you're absolutely correct. The AST became a Periodic tenancy after the initial period and you are to give one months notice prior to the date of the month of the initial contract - in your case the day before the 1st Dec - and therefore you will vacate on Dec 31st.
I'm sure someone with more credentials will be along shortly to point you towards the correct piece of legislation - and I recommend you pass to your landlord.
In regards to your deposit, this should be held in one of the three official Deposit Hoding Services (you should have received notice within 30 days from the start of your tenancy with details of which scheme). They will not allow your LL to take the funds without due cause.
In saying all that - are you sure you wish to move on New Years Eve?
Cheers
Bankside
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Percy Shaw from Halifax
Howard from the Halifax
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Is that the 6,600 year one?
It feels like it
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Seems a bit steep for a 3 bed in Thetford.... £135,000,000.00
Should we expect this to be reflected in this months "Rightmove" asking prices?
Norfolk up 100000% - Better snap up a bargain quick!
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Hmm, I'm certainly seeing drops here.
New set of very upmarket apartments built near me. They have been asking £795 per week for the 2 beds - this week some have lowered to £650. 1 beds from £675 to £625.
I'm not sure if the sales teams (of the developer) are amending their literature to adjust the expected yields in a downwards direction........
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What was the highest bid?
Sometimes the guide price is BS designed to attract attention, the reserve is set much higher.
I'm not sure what the final bid was (anyone?) however it's now on sale for the same price as the guide £290K
(I've corrected the rightmove link in OP)
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Congratulations Count. Welcome to the little one
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So, looking at the Auction results in Southampton yesterday (thanks Talkingsense) this house didn't get sold - and had a guide price of £290K http://www.eigroup.co.uk/auctioneer-templates/LotDetails.aspx?LotID=662574&a=638&c=pea
Looking at rightmove it's up for sale at the £290K http://www.rightmove.co.uk/property-for-sale/property-39006893.html?premiumA=true
But here's the other semi - extended I grant you but not that much. http://www.rightmove.co.uk/property-for-sale/property-39443444.html?premiumA=true
Price? £675K
What is going on out there?
Edited to correct link
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Hi all. Been a while since been on as I've been in Poland lately.
I really could do with some advice regarding purchasing a new build property in Warrington.
The house has been built and the builder (Redrow) have put the finishing touches to it. This means that there's no options as to regards choices to the kitchen, bathroom etc.
As this house is ready to occupy, what discount (% wise), could I reasonably ask for, seeing as how its up at 215,000 at present?
Incidentally, we have no property to sell and we will be cash buyers.
Many thanks in anticipation.........
Would you like us give us a clue?
A link perhaps
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These figures are meaningless. In the real world, houses in my street which were selling for £155,000 at the peak are now selling for £100,000.
Meaningless indeed.
Houses where I'm looking (Greenwich) that were £500,000 are now £750,000
and selling!
Edit: spelling
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Sigh. Well here you are then, it wasn't difficult to find....
http://www.rightmove.co.uk/property-for-sale/property-34917388.html
So now at £1.5M
Interestingly for those with Prepertybee, the fall from grace.........
http://www.rightmove.co.uk/property-for-sale/property-16670631.html
For those without
Offers in Region of £1,695,000
8 bedroom equestrian facility for sale Brushford, Dulverton, Somerset
An attractive farmhouse in a stunning position with uninterrupted views over a private valley together with an exquisite barn conversion
tbd
26 September 2011
Status changed: from 'Available' to 'Not Listed'
10 August 2011
Subtitle changed: 8 bedroom equestrian facility
23 June 2011
Price changed: £1,750,000 Offers in Region of £1,695,000
17 February 2011
Subtitle changed: 8 bedroom detached house equestrian
27 August 2010
Price changed: from '£1,900,000' to '£1,750,000'
01 August 2010
Subtitle changed: 4 8 bedroom detached house
29 July 2010
Initial entry found.
Can anyone recall what she paid for it?
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"It's different this time"................
Another change in the "rules". So relaxation of the new rules that weren't supposed to be coming into play until the end of the decade at any rate.
So it must be the other rules but at any rate don't the banks just please themselves. Mind it's great to hear that the Governor and the Chancellor have solved the problem at last
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Does anyone remember a topic on here a few years ago where people created there own motivational posters?
I thought it might be fun to do an update reflecting the current state of play.
There are plenty of sites that help you create these - here's one I used http://bighugelabs.com/motivator.php
Here's one to start us off.
Bankside
Edited for spelling
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Despite the operatic pedigree, Ms Mantovani's one bedroom apartment failed to sell for $1.75 million and she had to reduce it to a meager $1.15 million
Go compare!
(Sorry)
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The drought?
It's the wrong sort of rain
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Perhaps it's also dependent on how realistic the original asking price was.
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This agreement is supplimental to a tenancy agreement made between the same parties (the principal agreement) and the parties desire to extend the term of the prinicipal agreement in respect to the same pemises as demised thereafter upon the T&Cs hereof.
NOW IT IS HEREBY AGREED as follows:
The term of the principal agreement shall be extended for a further period expiring 15th Feb 2013 ( which is 12 months)
The rental ......shall be ...£....
The T&Cs of the extended period shall be the same as in the Principal Agreement which are deemed to be incorporated herein.
I do not think there can be any doubt that that is a valid agreement.
However, we need to know the precise wording of the break clause in the original agreement. This is because it is deemed to be reproduced exactly in the extension agreement. Accordingly, if the break clause refers to specific dates it will be of no effect because the dates will have passed. If though it refers to something like "after the end of the first six months" then the provisions will apply. There is also the possibility that the break clause makes no sense at all - they often do not.
Thanks Damocles - and all.
The original agreement stated the following:
A term of 12 calendar months from Feb..........
and tacked onto the end of the agreement are Special Tenancy conditions:
Not withstanding Clause 4. The landlord may terminate the tenancy granted hereby upon giving 2 months notice in writing to the tenant and upon the expiry of the notice the term and tenancy shall determine without prejudice to any claim by either party against each other for any antecedent breach to the terms hereof and the tenant shall thereupon yield the property up with vacent possesion. The landlord shall not be entitled to give such notice to expire any earlier than 6 months from the commencement date of the tenancy.
And then
Notwithstanding clause 4. Should the tenant wish to vacate the premised he may by giving the LL or his agent at least two months notice in writing etc etc...... provided that the tenant shall not be entitled to give such notice to expire any earlier than 6 months from the commencement date of the tenancy.
(FYI Clause 4 refers to inventory)
The Extension then states:
The extension is supplimental to a tenancy agreement made between..........(the proncipal agreement)
The term of the agreement shall be extended for a further period expiring on the ....Feb 2012
The rental shall be £.... per month
The Terms and conditions of the extended period shall be the same as in the Principal Agreement which are deemed to be incorporated within.
So.. and apologies for the length of this message..... Do you think the LL can give two months notice at any time or only after 6 months from the start of the extension?
Thanks in advance for any comments
Bankside
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Without a signature a court will look at whether it was "the intention" of the party to create the contract.
The fact that they have happily kept the 50 quid, suggests that they did.
tim
Thanks for your responses - much appreciated.
There has been a slight change from what I originally understood. It transpires that there are two copies of the extension document. One with my girlfriends signature (and a witness) and another with the LLs. Both have been signed.
I guess I'm interested in getting your opinions on:
Is an extension of an AST legal - or should it have been another AST (or gone to periodic)? I'm quite sure that the EE will say it is but I''d need to find a place of reference to prove otherwise.
Assuming this arrangement is legal, does the term "The T&Cs of the extended period shall be the same as in the Principal Agreement which are deemed to be incorporated herein." mean that she has 6 months before either party can terminate giving 2 months notice (as per the original AST), or is it 2 months from anytime?
Thanks again
Bankside
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I'd appreciate if anyone here can advise on this situation.
My girlfriend has been renting a small house on a 12 month AST. After this initial term the Estate agent offered an extension for a further 12 months for a bargain £50 and a small uplift in rent.
As she didn't want to move she signed up to this and thought that was that.
Now 2 months into this second term the LL wants to sell.
She is being asked to allow viewings. :angry:
I've had a look at the initial AST and extension. The initial agreement allowed the LL and Tenent to provide 2 months notice after the initial six months.
The extention states:
This agreement is supplimental to a tenancy agreement made between the same parties (the principal agreement) and the parties desire to extend the term of the prinicipal agreement in respect to the same pemises as demised thereafter upon the T&Cs hereof.
NOW IT IS HEREBY AGREED as follows:
The term of the principal agreement shall be extended for a further period expiring 15th Feb 2013 ( which is 12 months)
The rental ......shall be ...£....
The T&Cs of the extended period shall be the same as in the Principal Agreement which are deemed to be incorporated herein.
She's pretty cheesed off that the LL agreed (we think ....) to an extension but now wants to have her pay the rent whilst he sees if it will sell - and then I guess turf her out if it does.
She is going to find it difficult to find a new place that will be happy to wait the 2 months notice (or she has to pay for both places during this time)
She really doesn't want her evenings and weekends disturbed by viewings - whilst she's paying full rent. (but maybe that's another discussion)
So can anyone advise if this extension is legal - as there's nowhere for the LL to countersign?
Should this be a periodic and then she only has to give one months notice?
Should this extention actually mean that there's two months notice (by both paries) after 6 months - as per the original AST?
Any other tips, pointers of suggestions are very much appreciated.
Bankside
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I think I may be able to do better than that.
Greenwich is going mad at the moment but even so, this one takes the biscuit
6 Feathers Place, London, Greater London SE10 9NE
£527,995 Terraced, Freehold 04 May 2007
The one next door went for.........
4 Feathers Place, London, Greater London SE10 9NE
£480,000 Terraced, Freehold 24 Aug 2006
So many places have exceeded Peak 07 prices but BY 60%???????????
http://www.rightmove.co.uk/property-for-sale/property-33826684.html?showcase=true
Blimey!
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beg to differ, the details sound potentially very difficult in practice, especially in the aftermath of an amateur landlord (or many amateur landlords)
perhaps instead the repossessing organisations are in a mad panic with a collapsing market (and with little local knowledge to know how to spec or market each property when competing against local professional landlords in a similar trap) and just trying to offload their liabilities before they themselves start to lose money uncontrollably
We can only hope..................
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sloped low ceiling (under roof), small window (rectangular, narrow - half width). it would look awkward in a living room.
for a 2nd bedroom should be fine, but i don't know if i can get used to the 'ensuite kitchen' idea.
(also wanted to see how others perceive this and how much it affects the resale value -- so many things that seem unacceptable elsewhere here in England are considered fine e.g. bathroom extension in Victorian terrace houses, where you have to pass through the kitchen to get to the bathroom).
#
Would it work if you swapped the lounge and bedroom 1 over - and opened out the kitchen into the (new) lounge?
edited for being a fool
East Dulwich
in England - Greater London
Posted · Edited by Bankside
Edwardian masterpiece?........That's is awful.
Is that the kitchen in the PVC conservatory? Along with an office???
Although you're saving £500K over the original asking price- so someone will snap it up
deluded
Edit: Apologies, I now see it's actually a jacuzzi in the conservatory next to the office so that makes it all ok.
Form an orderly queue please