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Advice Required For Elderly Relative Who Is A Tenant

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Hi,

Mods - can you leave here for a while as this gets the most traffic and I'd like a reply asap

My father in law has been in a rented flat in a retirement block for over 12 months and has to sign every 6 months for another contract, so I'm assuming AST, and also has to pay the letting agent a stupid amount (over £100) each time as an admin fee (which is rather a lot for a piece of paper and a retard to file it but that's a separate issue).

He now needs to move into a care home asap and although he's "signed up" until the end of July, this current 6 month chunk ends at the end of Jan.

He will be going to a care home before the end of the current chunk, so my question is can he be forced to pay for the next 6 months?

They also have his deposit in a scheme but the tenancy small print states "professional cleaning" and carpet cleaning at the end of the tenancy which is another rouse to sting the deposit for a sum of money.

The flat was a port in a storm, it smelled when he moved in and will do so on his vacating it but I am assuming the vile sharks at the EA will take the deposit one way or another.

Any advice that can be stomached by a stressed family who will want to just draw a line under it and move on without paying more than they have to?

Cheers,

TFH

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have you tried asking here:

http://www.ageuk.org.uk/

Information and advice

Growing older doesn’t come with a manual, so if you need information or advice on anything from health to housing, call our free national information line on 0800 169 6565. It's open 365 days a year from 8am to 7pm.

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I suspect he may be obliged to pay until the end of the AST, frankly it is surprising that in retirement flats the rolling tenancy is not used as it would seem very appropriate if people may potentially have to move at short notice. Vile behavior by letting agent.

Depending on his financial standing, you could just sack the EA off and they can come and try and get it via the courts. I wonder if a court might conclude a 6 month fixed term is unfair in light of a person's health at the time of signing. Totally inappropriate.

This is not an expert view.

Edit Sending a personal message to 'Damocles' might be useful, he seems well up on this sort of stuff.

EDIT2- yes need more info on what is meant by 'signed up to July'.

Edited by Joan of The Tower

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but the tenancy small print states "professional cleaning" and carpet cleaning at the end of the tenancy which is another rouse to sting the deposit for a sum of money

This was deemed an unfair term in a tenancy by the OFT. You only have to leave the place in the state that you found it or better. Take some pictures before he moves out and fight that charge as hard as you can.

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what do you mean the current chunk ends shortly, but the AST is still to July.

Not sure why you would sign a 12 month AST every 6 months. If there is a break clause, then break.

Go see a lawyer if unsure.

And no, if you dont sign he can stay on a Statutory Periodic tenancy on the same terms as the last AST and shouldnt be paying renewal fees...

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Also what's more, don't forget that he doesn't have to sign another lease, he'll be under a statutory periodic tenancy when the AST term expires. In order to evict they must give you a 'notice to quit' or section 21 notice and this must allow you 2 months to move out.

The notice to quit must be given from 2 months from the time in the month that you paid the deposit. So if they try and send you a notice to quit after this date then the notice must start from that date in the following month.

So for example, if he paid the deposit on the 8th of December and they tried to give you a notice to quit on the 10th of June, it wouldn't be valid. The two month period would have to start from the 8th of the following month.

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This was deemed an unfair term in a tenancy by the OFT. You only have to leave the place in the state that you found it or better. Take some pictures before he moves out and fight that charge as hard as you can.

and consider wear and tear, not down to him to sort out if it is simply wear and tear.

We had an agent wanted us to professionally clean the carpets on departure when the carpets were just 3 months old..We pointed out they couldnt demand this and in any case, the protective stuff they sprayed on would have been removed.

They backed off...and that was 6 years ago....but I am a bit of a "dig my heals in" type with EA clerks.

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Hi,

Mods - can you leave here for a while as this gets the most traffic and I'd like a reply asap

My father in law has been in a rented flat in a retirement block for over 12 months and has to sign every 6 months for another contract, so I'm assuming AST, and also has to pay the letting agent a stupid amount (over £100) each time as an admin fee (which is rather a lot for a piece of paper and a retard to file it but that's a separate issue).

He now needs to move into a care home asap and although he's "signed up" until the end of July, this current 6 month chunk ends at the end of Jan.

He will be going to a care home before the end of the current chunk, so my question is can he be forced to pay for the next 6 months?

They also have his deposit in a scheme but the tenancy small print states "professional cleaning" and carpet cleaning at the end of the tenancy which is another rouse to sting the deposit for a sum of money.

The flat was a port in a storm, it smelled when he moved in and will do so on his vacating it but I am assuming the vile sharks at the EA will take the deposit one way or another.

Any advice that can be stomached by a stressed family who will want to just draw a line under it and move on without paying more than they have to?

Cheers,

TFH

Re cleaning, you can ignore that without a doubt

Re contract, I dont understand what you mean about another 6 month contract ending in july. Are you saying he has already signed (in jan) for a 6 month contract (end of jan - end of jul)?

Also, re fees, bit late but hes never HAD to sign a renew, could simply have told them to sod off and gone onto a periodic tenancy

Hope this is some help, if you are able to explain the jan/july thing a bit more we might be able to help a bit more

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I presume that what the original poster meant is that the father-in-law signed for the next 6-month stint before the current one ended. Nothing unusual about that, and in fact good sense if that's what you want. He's stuck with what he signed I'm afraid, unless he lacked mental capacity.

I agree with what's been said about cleaning though.

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