Assured tenancy Puns

There is written in it:

>Have the use of all appliances provided in the Property, as listed in the inventory save those which are noted as not working. However, should any items require repair, or be beyond repair, the Landlord does not undertake to pay for any costs of repair or to replace the appliance, except those which the Landlord is required by law to maintain.

As result of this the agency/landlord won't fix/replace the almost 20 years old washing machine which broke a month ago. Is that legal?

Hi all, In scotland as the title states. Details of the tenancy agreement are:

• Uncle leased his old flat out
• Commenced in April 2017
• Initial period of 6 months
• Running on a month to month basis since the expiry of the initial 6 months
• Tenant has now stopped paying the rent and no longer engaging with landlord as to what has happened (ie won’t answer calls, texts, seems to be at home)
• Feels very like he will not be paying up going forward and think it’s better to nip matters in the bud

What is the process to terminate? My understanding was that it may be 2 months’ notice to the tenant to leave the premises since the initial 6 months are well over and no ground of default by the tenant needs to be relied on. I could be very wrong so any thoughts or experience would be really appreciated.

Thanks in advance

Property investors should know the basics of assured shorthold tenancies before renting their property out. Here’s what you need to know.

There are many intricacies of assured shorthold tenancies (AST). The AST agreement sets out the rules of the tenancy and protects both the tenant and property investor. This guide will inform property investors on what you need to know about AST agreements before renting your property out.

https://preview.redd.it/smia5t4k6zy71.jpg?width=1200&format=pjpg&auto=webp&s=6b293e959b4b16e7370c2e08a286cb5ab4c2e6ab

Hi all - we’ve been renting from our landlord since October 2015 originally on a 1 year Short Assured Tenancy. We would re-sign every year at the end of the term.

In October 2019, we asked our landlord whether it was possible to allow us to give one month notice as we were concerned with committing to a 1 year contract. Landlord was unwilling to do this and instead offered to move to a 6 month contract, which we agreed to. Our landlord has not asked us to sign another contract since so I assume we’ve been on a rolling 6 month short assured tenancy.

I’ve only just discovered that these tenancies were replaced in 2017 with a PRT. Obviously our landlord failed to disclose this (or was unaware) as this would’ve given us the notice we desired when we asked in 2019.

It’s been 2 years since we signed anything but we have been renting from the landlord since 2015. Does anyone know if they can hold us to the conditions of a Short Assured Tenancy or whether it is automatically a PRT? Shelter guidance seems to suggest that we’re on a rolling Short Assured Tenancy even though it seems this should have never been issued to us in 2019?!

Hi Reddit. I need your help in guiding me to find a proper bank that would let me open a bank account.

I'm a PhD student in Cambridge (arrived this June) and staying with a private landlord. So I only have the assured shorthold tenancy agreement (with my landlord) as proof of address. Unfortunately, this is not accepted by many banks (likes of Barclays, HSBC, Llyods, Metro bank etc) as proof of address. I urgently need to open a bank account, to link it with my university and start receiving my stipend.

Your help or thoughts on this would be really helpful for me, cause it feels like running into a brick wall with opening an account. Thanks in advance.

We recently came to the end of a 1 year assured shorthold tenancy in England. We want to stay in the property, but with some flexibility, and when the letting agent asked if we wanted a new one year contract we declined the offer as a rolling contract meets our needs better. However, the landlord is getting a bit agitated by this and has come back with a counter offer which is a one year contract but with a rolling (perhaps not legal terminology) one month break clause - basically meaning that we can give one month's notice even if within the 12 months and that would end the contract. I haven't seen the proposed wording yet, but I would assume that's one month on either sides' behalf. Even though I know we are well within our rights to just stay on a rolling contract, at this point it feels like compromise might be the best way to approach it as I don't have the time nor energy to turn this into a protracted debate.

Now as far as I understand it 6 month break clauses (often with two months notice) are quite common for ASTs, but this sounds a little weird to me. So my questions are:

1. Is this legally enforceable - i.e. if we for some reason decided in two months time we wanted to leave and served the required notice, would there be any potential complications?
2. Does it affect our rights/protections as tenants? I was fairly convinced he would not try and evict us for staying on a periodic tenancy, and understand that would have needed a section 21 anyway which currently would have given us 4 months to find somewhere else and leave. Presumably the main difference with this proposed approach is that the landlord would only have to give us one month's notice? I'm not too worried about that, to be honest, but would be good to go into this with our eyes wide open

Thoughts/advice welcomed!

Afternoon all, I currently rent a property, have done for 5 years, and am well outside my original tenancy period of 12 months. My tenancy is now on a rolling basis from 2nd of each month. I've just given a months notice to my agents that we will be leaving the property towards the end of August. They've responded that we're obliged to give notice in line with our tenancy month, so would be liable until 2nd September.

I was under the impression that that only a months notice was required to terminate an AST, irrespective of when in the month it was given. Can anyone confirm this? Thanks

Sorry I've looked online but can't quite refine my searches to find an accurate answer.

I have a 12 month initial tenancy term, with a 6 month Assured Shorthold Tenancy clause.

I'd like to move out on month 7. Am I correct in thinking I can submit my 2 months notice before the 6 months have ended, as long as the move out date is after the 6 month AST period?

Or is it that in an AST I must serve 6 months before I can hand in my 2 month notice?

First post on this sub; so apologies if not correct subject/sub for this query.

We've lived in the same rented flat for two years now and looking to stay on for another few months (waiting for house sale to complete). For the first year we had a 12 month assured shorthold tenancy(AST) . Towards the end of year 1 we asked our landlord whether we can stay on but on a periodic tenancy, they refused and so we signed for a second year of AST as a 12 month fixed term. We now want to stay for another few months but not a whole 12 months. However landlord is refusing to allow us to stay for any less than 12 months. If we terminate contract early we would be liable to the whole 12 months or for the duration the property is empty between tenants. They have also said the rent will increase for the next 12 months.

In this situation what is our right to transition to a periodic tenancy? Can they demand we sign up for further fixed term contracts even after completing two 12 month AST contracts?

Thanks for the advice in advance - could find a suitable answer on shelter or citizen advice bureau websites

EDIT:Renting in England

So I've bought a house and still waiting on missives etc. Been in the current rental for 5 years originally on a 6 month Short Assured Tenancy that's reverted to a month to month rental.

My question is the notice I have to give. The Short Assured Tenancy contract states two months notice to leave, my assumption is that this relates to within that original 6 months but on a month to month renewal it would surely just be a single months notice? Can someone clarify? I would rather not give notice until missives are complete but also avoid additional rent if I can.

Any information welcome. Thanks.

Note: Before the mods delete the post citing FAQ, please note that I am asking for a link to a Housing Act section, not what should be done in this scenario.

Hello,

I stay in England and my assured shorthold tenancy agreement expired last year, and I have not signed any new agreement with the agent for the flat I am staying in. I understand that I am now on a rolling/periodic tenancy and the notice period is one month since there is no mention of contractual periodic agreement once the ast agreement expires.

The agency disagrees and says the notice period is 2 months for all ast no matter what, if the original notice was 2 months.

Can someone please direct me to a link to any Act in the UK legislation that specifies the notice period in such a scenario? The best reference I got is the Shelter website, but I am sure that won't be enough for the agency.

https://england.shelter.org.uk/housing_advice/private_renting/ending_a_periodic_tenancy/how_much_notice

I was also trying to search for the relevant section on Housing Act 1988, but couldn't find anything that could help. Any links to the relevant section in the UK legislation would be massively helpful. Thank you.

My wife and I have recently moved out of rented accomodation in England. Our deposit was protected with TDS. Our assured shorthold tenancy agreement states the following amongst the landlord's obligations, clause 7.8.1:

“The Landlord/Agent must tell the Tenant within 10 working days of the end of the tenancy if they propose to make any deductions from the deposit.”

We requested our deposit return on the 1st working day after the end of our tenancy. We heard nothing from the landlord since despite us attempting to contact him via email and text as he requested other than an email stating the surfaces required extra cleaning.

The 10 working day period has passed with no further communication, despite our prompt reply to the landlord stating we are happy to resolve the matter of the surface cleaning, either ourselves or by hiring professional cleaners.

As there was no communication from the landlord for several days we then emailed the lettings agency to further request our deposit be returned. The lettings agent have replied 14 working days after the end of our tenancy adding extra deductions such as a repair for a chip to the bath and a non-disosed fee for a stain to the lounge rug.

I was wondering does the fact that clause 7.8.1 is written into our contract, and has been signed by both us and the landlord, make the clause binding? To be clear, I am not trying to prevent the landlord from claiming what is fair, I am just attempting to clarify our position as there is a lot of conflicting information on the Web.

Thanks in advance!

The contract is meant for a group of friends whereby if one cannot pay rent or does a runner, the other members must find the money to pay. I asked him about it and he says that it has been hard to find a group of friends this year and as such he has rented out single rooms, but I am only responsible for my own rent and shared area.

However the contract has not been changed and according to that, I would be responsible if someone ran away without paying.

Is the email stating that I am responsible only for my rent/shared areas legally binding?

Any help/ advice is very much appreciated

Background info: I am a student in the UK (ie UK laws)

I'm hoping to gain some reassurance on this one.

We are located in England and have just been served a Section 21 Notice.

We started our 12 month Fixed Term Assured Shorthold Tenancy on 17 March. The notice has given us two months notice to vacate.

From what I can find, that Section 21 is invalid as it has the wrong notice period and has been served prior to the four month mark. I am also not convinced our deposit has been protected.

I have notified them of this, but now I am wondering if they can even use a Section 21 to terminate the tenancy in the first 12 months?

From what I can tell they can only use a Section 21 that would essentially wind up the tenancy after the fixed term, or a Section 8 if we break the agreement?

There is this clause in the tenancy agreement that has me a little worried. Picture

They are wanted to meet to discuss this tomorrow, as the situation is they want to move back in. I have agreed, under knowledge that my position is fairly strong in seeing out the remainder of the tenancy.

Am I correct in thinking this is the case?

Looking for a flat in london with two other friends. We find a place, just before signing we notice no 3rd signatory line etc. Agent confirms landlord does not have HMO license. We have been clear from start we are 3 households. Every other agent has turned as away straight away if they didn’t have the license. What is the risk here if two sign?

Assuming there is trust between the three of us to make payments, what else could go wrong? Or is the landlord taking all the risk here? If we declare two of us a couple, does that constitute eligibility for AST? Or does it need to be a common law marriage? Thanks

Not sure if this is exactly the right place for this but I need some advice...

So I am in a 6 month AST that is over in 10 days, I've just let my landlord know that I won't be continuing the contract and they are claiming that I need a months notice.

As far as I can find online that doesn't seem to be true, but im worried about calling them out just based on my Google searches.

If anyone can shed some light on this for me it would be much appreciated.

Edit: I am living in England

Update: Thanks for all the advise guys it was very helpful, a family member was having financial trouble so I decided to move in with them to help (hence the very short notice) after explaining this to my landlord and pointing out some of the things mentioned here they agreed to let me leave on the end date seemingly without a fuss.

I'm a student living in a HMO and have signed an AST with the other tenants. We have guarantors that are responsible if we do not pay, as is probably common for students.

The contract says we are each responsible for an equal portion of the rent. (So I assume I am not liable for someone else's rent.)

We've had a falling out with one tenant and he wants to leave in a tenancy swap. This is not explicitly mentioned in the contract, but is mentioned on the estate agents website. The contract just says the Tenant is responsibe for the costs of termination of tenancy and reletting.

So I have a few questions which should be simple:

• I assume we'd have to terminate the original contract and sign a new one?
• The tenant wanting to swap will have to pay the costs of it and the other tenants won't lose their deposit?
• The tenant wanting to swap will have to keep paying rent until a replacement is found?

The more important question I want to ask, and which I cannot find online, is what say do I (a tenant) legally have about the replacement tenant? Am I allowed to refuse a replacement if I do not like them?

The reason behind this is that I don't see us being able to find anyone other than a stranger to replace the tenant. Due to corona there have been many fall outs in friends houses (including my own), and I don't want the same to happen again with a stranger, especially during a lockdown. I also do not want to live with a germaphobe as they are quite stressful to be around at this time.

The tenant wanting to swap is being kind and offering to swap with our friends , however I doubt any of them will be able to if they want to. As he will be liable for rent I worry he will be able to choose any random stranger that comes along and then get out as quickly as possible. He has been difficult since before we moved in and I worry he will be again.

Also the room sizes differ alot. The tenant's room is much larger and because we are stuck paying equal rent, he pays a larger share of the bills. If a replacement tenant signs at an equal rent, what would we do if they don't agree to our sharing of bills?

I hope this makes sense. I also realise this may partly come down to our contract as well.

On a side note, I assume the landlord is not allowed to stop us from doing anything immoral? It's just a weird clause.

Edit: Am in England

Edit: the so-called Landlord is a fraud. Thank you to fellow reddit users for their help in pointing that out <3

I’ll try and break it down into bullet points for ease, brace yourself.. it’s long :

-I have signed the assured shorthold tenancy agreement and so has the landlord(LL). This was all done via docusign because the LL works in New York.

-tenancy starts on the 10th of July

-tenancy states on signature we are to pay the deposit and 1 months rent (1300 x 2). But upon signature she didn’t sent her account details and only did so when I messaged her two days later.

-the property was advertised privately on Facebook and upon enquiry the LL contacted me on WhatsApp because she is working in NY and was looking to rent her property to pay off her mortgage. She wanted to sell it but because of the pandemic she’s decided to delay it.

• I asked how I would know she’s the owner of the property. She said I can check the land registry and I did. She and her partner own the property.

-I’ve viewed the property pretending to be a buyer (her request) because she has the property being managed by an estate agent for sale purposes and that’s the only way she can rent it with viewings without being in the country.

-I asked to speak to her on the phone but she said the US timings meant she can’t talk. I asked again and it was ignored.

-without having spoken to her I proceeded to sign the contract

-I asked her how I could know she is who she says she is, because I didn’t want to transfer the money and find out it was a fraud.

-she said there was nothing in the contract we signed that said that she had to show her ID. Got very aggressive very fast and threatened to take me to court for breach of contract if I didn’t pay up by the end of today

-I didn’t think it was worth fighting and starting off a tenancy on a bad note so I made the transfer.

-the bank calls me!! Fraud and red flags! They ask about the transfer, I tell them everything, they ask if I know the person is who they say they are, I say no. They let me know there has previously been some suspicious activity on the account details that I transferred the money to (which was put on hold btw).

My mind is racing and asking what the hell is going on?! I ask her to stop the transfer and here I am. What do I do, can I back out of the tenancy without being sued? Do I just trust her and transfer the money because banks always question unusual activity? Please help

Hello everyone.

My AST is ending a month from today. The landlord has not yet agreed to renew the AST, so I'm going to assume they want to kick us out for whatever reason.

How much notice will they have to give us at this point? Since notice did not arrive a full month before the tenancy ended, is it guaranteed to go into a rolling tenancy for at least the first month?

Thanks!

Edit: forgot to mention I'm in England.

I am a private landlord in England whose rental property has just gone up in flames caused by an overloaded plug socket belonging to my tenants. The damage is substantial and the property is and will be uninhabitable for six months to a year.

I am able to serve immediate notice to quit on my tenants one month on from the fire but will need to give them a certain amount of notice to remove the remnants of their belongings, which I will need to insist upon.

I have been told by my insurance assessor that I have no case to retain the deposit as the incident was not malicious and the building will be made good under buildings insurance.

However it transpires that carpets and curtains are considered as contents and are therefore not covered under buildings insurance. My policy did not include contents.

Am I able, in these circumstances, to retain the deposit under the deposit clause in the rental agreement which states “At the end of the tenancy the Landlord will be entitled to withhold all or part of the Deposit that may be reasonably required to make good any damage to the Property or to any Fixtures and Fittings or Furniture and Effects (except for wear and tear) caused by the Tenant’s failure to take reasonable care”.

Thanks for any advice!

Hi, I just arrived to the UK and am looking for a place to settle down in. I was looking at some postings by Foxtons, and I noticed some fees mentioned in their tenant fees which, to be honest, went way over my head. Have provided the extract below as well.

If you could you please explain this in simpler terms, that would be really appreciated!

Thank you.

Extract - "This is fixed-cost fee that can cover a variety of works depending on the individual circumstances of each tenancy, including but not limited to conducting viewings, negotiating the tenancy, verifying references, undertaking Right to Rent checks (if applicable) and drawing up contracts. It is charged on a per individual basis – not per tenancy. The charge will not exceed £250 inc VAT per individual"

I'm currently renting a room in a shared house. The ceiling in my old room collapsed so I'm unable to use the room until repairs happen (which won't be until after Christmas, and I'm not sure I want to move back into the room anyway), and the landlord has allowed me to move in to a different but smaller room (in the same property). The rent in the new room is cheaper and the landlord has agreed verbally to a reduction in rent. I'm wondering should I get the written tenancy contract changed to reflect this or would an email acknowledgement of the situation suffice?

My student tenancy is up tomorrow and I feel as though I am going to encounter some problems when it comes to getting the deposit back.

My tenancy states "This is NOT an Assured shorthold tenancy but instead an Assured tenancy" but then goes on to define a fixed period. Is this possible? After speaking to people answering another post on here, it seems as though this is not possible.

Here is a screenshot of part of the tenancy:

https://imgur.com/a/VDrPFI0

Cheers,

Luke

I'm close to signing a 6 month assured shorthold tenancy for a market rent property with a housing association. They mentioned that after the initial 6 month term, the tenancy will become periodic and roll on month to month. This brings more flexibility but less certainty.

What I need to understand is, does either either party have the right to give 1 months notice to end the tenancy during the periodic stage?

And in practice what usually happens? Does it completely depend upon the housing association's plans for the property? Would the HA be keen to allow good tenants to continue on a periodic basis?

Thank you.

ORIGINAL CONTRACT:

• (13) After the period of 12 months from the commencement of the tenancy either party may terminate this agreement on two months notice in writing.

EXTENSION:

• 3. The term of the tenancy was for 12 months

Now it is hereby agreed:

• 1. The term of the agreement shall be extended to 17 October 2020
• 2. All other terms of said tenancy agreement shall remain in force.

I understood this to mean… we are protected by the agreement for another year and that either party still had to give 2 months notice and not be turfed out/leave any second, as the terms are the same as original contract.
I should be able to give 2 months notice as of the commencement of the original agreement, and not the extension agreement?

This is a joint tenancy agreement with 3 others wanting to remain at the property and are seeking a replacement tenant for me on the contract.

Thanks in advance!

Basicly same as title. I have now Assured shorthold tenancy with term of 6 months. It started on 15th of February. How much notice do I need to give if I want to move out at the end? There is nothing in the contract how much notice is required. I wouldn't mind to give month but right now I don't know if my new place will be ready. I may know it closer to the end of 6 months term. Can I give week or two?

Edit: it's in England.

(Initially posted in r/LegalAdvice but I was told I should post here instead due to me being from the UK)

The contract is meant for a group of friends whereby if one cannot pay rent or does a runner, the other members must find the money to pay. I asked him about it and he says that it has been hard to find a group of friends this year and as such he has rented out single rooms, but I am only responsible for my own rent and shared area.

However the contract has not been changed and according to that, I would be responsible if someone ran away without paying.

Is the email stating that I am responsible only for my rent/shared areas legally binding?

Any help/ advice is very much appreciated

Background info: I am a student in the UK England (ie UK laws)

Edit: The agreement says “All obligations, including those for rent and repair can, at the landlords discretion can be enforced against either one of those tenants individually or all tenants jointly.”

What if I got him to sign a letter to say that he would only hold me liable to my own rent and a relative portion of any other bills?