Tenants rights

[pammy]

Part of our cunning house-moving plan means that we will be moving into rented accomodation in about three - four weeks. Have put a deposit on a house this morning and the agent is trying to see if the landlord would accept a six month let as he's after 12 months.

Ideally we don't want to be in it for even 6 months if we can help it and wonder if we would be able to give notice within that period or would we be liable for the full 6 months rent. There is a bond as well.

Someone who works for hubby says that if you are in for less than 6 months then the landlord cannot insist on payment of the rent for the full six months. He will prob keep the bond - but that we could just leave and not pay any more rent other than to cover the actual period we are living there.

Does anyone know if this is true or a complete fabrication?

 

[R2D2]

I think you are liable for the agreed rental period so if you sign for six you are liable for six-----unless they can get a new tennant to replace you when you leave!

 

[pammy]

I think you are liable for the agreed rental period so if you sign for six you are liable for six-----unless they can get a new tennant to replace you when you leave!

It's what I thought to be honest - didn't think it could be right that we just sod off etc

 

[scumbag]

you cant do a 12month let. you can do it short term which is 6months or long term which is beyond 5years. what this guy is really saying is he wants to let it to someone who wants to stay for a year or so. That the legality behind it. and he cannot force you to live in it. a 6 month let means he will agree to let you have the house for 6 months. then its renewed for another 6 months. this prevents him running off with the bond and giving you notice to move straight away.

what occurs is you leave your bond and legally you must give him 1 months notice to leave. in theory he can ask for the whole 6months rent, but as you have given a bond which will be at least 1months rent plus, this is kept if you breach your contract, which is what you would be doing. To keep your bond you need to be up front with what you need the house for and convine them to agree. then leave the house as you found it. The agency may have you make an agreement for a 2 month notice period, however, they take the 2 month +! so see how far they get trying to claim the 2 months payment.

the problem he may have is having to pay an angeny to find a tenant, IE you. then in a months time he has to pay again to find another. and he may have his house on the rental market for 3 months before finding a new tenant.

I would look for b&B if you can. should work out less of a hassle.

I rented out my other house a few years back. when i wanted to sell, I spoke with the tenants and said at the end of the next period I was looking to sell. I said I was happy for them to remain in the house while they found another, if they didnt mind it being up for sale at the point at which the contract ended. they were quite happy. 2 months before it expired they found somewhere and rang me. they wnated to know if they could go early and if I would be prepared to agree to a redcution in what they owed. I said they could go as a soon as they wanted and pay me up to the end of that month. they went to following day and paid me till the end of the month which was the same week. they were happy, I was happy. everyone won.

 

[GRAV888]

I have an 8 man tent and a large garden you are welcome to borrow

 

[pammy]

I have an 8 man tent and a large garden you are welcome to borrow

Mwah back atcha hun Reckong the commute might be a bit of a problem

 

[PJH]

If the landlord is using an agent then the agent will want to be paid a fee for finding new tenants, even if the previous tenants stay for another term.
It's just a fee to renew the contract.
You should be able to get a contract for 6 months or less. Make sure you ask for a break-clause in order to give one months notice before terminating.
That way you should be able to be in the rented place for say 2 or 3 months.
If the landlord does not agree to the break-clause then probably better to find somewhere else.

 

[Ashley]

I been a bit busy of recent weeks so I have been following your big move. On the bright side Pammy you can now relax and find the house of your dreams in your own time. We moved a few months ago and are moving again in 4-6 weeks. Same circumstances as you but we own the house we moved into (and hate it, we rented it out for a time but we found it was empty more then full and costing us a pile in 2 mortgages). The only thing is that we also have nowhere to move to. My biggest worry is the storage of our belongings.

 

[DuFFmAn]

Its common practise in Coventry amongst private landlords to do a 6 month contract first to see how they get on with them... If they don't like em' they kick em out and get other tenants..

 

[grasmere]

there is NO such thing as a break clause - what would be the point of a clause that invalidates the very agreement the agreement is designed to agree on!

Lets gets the facts clear:

Firstly - a landlord can let his property for ANY period he wishes - its HIS choice and if he finds a tenant who agrees to his terms of a month or a year then thats fine.

However - a normal Assured Shorthold Tenancy, an AST, is designed to give BOTH the tenants and landlord ASSURANCE that they equally have a 6 month let, ie the tenants a home and the landlords the income. The landlord must always give at least 2 months notice to evict and the tenants at least 1 months notice to leave. After the 6 months unless a NEW AST is signed under the same terms then the initial AST is STILL in force on a 'rolling' monthly basis. There is NO need for new paperwork but the landlord still must give at least 2 months notice if he wants tenants to leave.

Under an AST if the tenant wants to leave before the end of the 6 months the tenants is COMMITTED to pay rent for the 6 months or eg help find another tenant with the landlords agreement.

The bond is NOT a months rent. It is often equal to a months rent but is NOTHING to do with rent or advance rent. It is a breakages and damage bond.

For tenancies of less than 6 months you might offer to pay a higher monthly rent for the benefit of the shorter tenancy

HTH Pammy - any queries please ask

 

[pammy]

That's great - thanks.

 

[grasmere]

Does anyone know if this is true or a complete fabrication?

PS - complete fabrication

 

[janner]

For what it's worth, private tenancies favour the tenant, commercial ones favour the landlord.
Even with an AST (which account for 99.9% of all tenancies I would suggest) it's still a bitch to get people out if it goes pear shaped.

PS Grasmere's post is the only one that's correct.

PPS For 3-4 weeks you need an hotel, not a tenancy contract.

 

[Birdman]

there is NO such thing as a break clause - what would be the point of a clause that invalidates the very agreement the agreement is designed to agree on!

> Break clauses are usually linked to rent review dates on longer leases. They do exist.

Lets gets the facts clear:

Firstly - a landlord can let his property for ANY period he wishes - its HIS choice and if he finds a tenant who agrees to his terms of a month or a year then thats fine.

> Agreed

However - a normal Assured Shorthold Tenancy, an AST, is designed to give BOTH the tenants and landlord ASSURANCE that they equally have a 6 month let, ie the tenants a home and the landlords the income. The landlord must always give at least 2 months notice to evict and the tenants at least 1 months notice to leave. After the 6 months unless a NEW AST is signed under the same terms then the initial AST is STILL in force on a 'rolling' monthly basis. There is NO need for new paperwork but the landlord still must give at least 2 months notice if he wants tenants to leave.

>Agreed

Under an AST if the tenant wants to leave before the end of the 6 months the tenants is COMMITTED to pay rent for the 6 months or eg help find another tenant with the landlords agreement.

>Yes. But in practice landlords do not want unhappy tenants in their valuable property and probably will grudgingly agree. But it could get fraught, which you don't need?

The bond is NOT a months rent. It is often equal to a months rent but is NOTHING to do with rent or advance rent. It is a breakages and damage bond.

>And it will be held in trust by an agent, whose hands are tied by strict rules when it comes to returning it to the tenant.

For tenancies of less than 6 months you might offer to pay a higher monthly rent for the benefit of the shorter tenancy

>If the landlord is anxious to get an income to cover his own expenses almost anything is possible! Don't believe everything the agent tells you but instead, speak to the landlord yourself. Charm often works.