Planning permission/landlord/tenancy
Discussion
I'm currently living in privately rented accommodation with two other tenants. The building is a two bedroom flat but has had the garage converted into a third bedroom with ensuite. We pay what I would class as the local going rate for a three bedroom property (Leeds LS18, £795/month).
Unfortunately, when the garage conversion was done by the landlord in around 2007/8, he didn't have planning permission and to cut a long story short the retrospective planning permission that was submitted a few months ago is going to be refused (I spoke to the council and asked directly). The planning docs are here; http://plandocs.leeds.gov.uk/WAM/showCaseFile.do?a...
As a result, the three bed flat we rent needs to become a two bed flat and if that happens I would expect there to be a reduction in the monthly rent to suit. Not necessarily in proportion to what we pay now but a reduction nonetheless.
After finding out about the likelihood of the PP refusal I spoke to the letting agency who stated that as they don't manage the tenancy (WTF do they do for their fees then?) I was to speak to the landlord - which I did. The conversation between myself and the landlord was amicable, we spoke about staying on as a two and I mentioned that one of the other tenants is almost certainly going to be leaving as he has been offered a new job, thereby getting rid of the potential problem of one tenant (me as I'm in the converted room) effectively being forced to move out.
The landlord said that he'd 'look after us' if we were to stay - because we have always kept the place tidy (his words) and presumably to save him any hassle with re-letting. We wanted to get this all clear because our tenancy was ending in 4 weeks (now 3) and we didn't want to sign up for another 6 months if we were tied into paying for a three bedroom place that was to be changed to two bedrooms.
Fast forward a week to this afternoon and I get a call from the letting agency asking me what we want to do at the end of the tenancy as the landlord has now asked them to step in and act on his behalf. Slightly surprised, I ask why and am told that the landlord will not be considering reducing the rental amount at all. Now admittedly the PP isn't 100% refused yet but it's almost certain to be (the highways dept have lodged an objection as well as a local resident who mentions that it is against the terms of the lease) and when it is the landlord is issued with a notice to change and - as he told me himself - has 30 days to make the conversion back into a garage....or appeal.
So - what do we as tenants do? The agency told me to talk to them not the landlord to inform them what we want to do at the end of the tenancy. I would still like to speak to the landlord to find out WTF he's playing at - especially since my conversation with him ended with the possibility of letting it as a two based on the planning decision and he was to let me know about that and what the rent would be as a result. Maybe doing it through the agency is his way of not having the balls to tell us because he knows there's no way we're going to accept it.
The two of us who are left can't afford to stay if he doesn't back down on price - and TBH, I wouldn't want to. If he reduces the price by £150 a month then we're happy to stay, even while any building work is going on.
How long do we have before we are forced to leave? 3 weeks doesn't seem a very reasonable timescale to find a new place to live. If the PP is refused, is the previous tenancy null & void and should be refunded to us in any way? We don't want to move out - we're being forced into it.
The deposit is in a protection scheme, although we did receive a letter a few months ago which said that the agency had dropped out of it for some reason so we couldn't be evicted until they signed back up.
I don't know if that got resolved though.
Unfortunately, when the garage conversion was done by the landlord in around 2007/8, he didn't have planning permission and to cut a long story short the retrospective planning permission that was submitted a few months ago is going to be refused (I spoke to the council and asked directly). The planning docs are here; http://plandocs.leeds.gov.uk/WAM/showCaseFile.do?a...
As a result, the three bed flat we rent needs to become a two bed flat and if that happens I would expect there to be a reduction in the monthly rent to suit. Not necessarily in proportion to what we pay now but a reduction nonetheless.
After finding out about the likelihood of the PP refusal I spoke to the letting agency who stated that as they don't manage the tenancy (WTF do they do for their fees then?) I was to speak to the landlord - which I did. The conversation between myself and the landlord was amicable, we spoke about staying on as a two and I mentioned that one of the other tenants is almost certainly going to be leaving as he has been offered a new job, thereby getting rid of the potential problem of one tenant (me as I'm in the converted room) effectively being forced to move out.
The landlord said that he'd 'look after us' if we were to stay - because we have always kept the place tidy (his words) and presumably to save him any hassle with re-letting. We wanted to get this all clear because our tenancy was ending in 4 weeks (now 3) and we didn't want to sign up for another 6 months if we were tied into paying for a three bedroom place that was to be changed to two bedrooms.
Fast forward a week to this afternoon and I get a call from the letting agency asking me what we want to do at the end of the tenancy as the landlord has now asked them to step in and act on his behalf. Slightly surprised, I ask why and am told that the landlord will not be considering reducing the rental amount at all. Now admittedly the PP isn't 100% refused yet but it's almost certain to be (the highways dept have lodged an objection as well as a local resident who mentions that it is against the terms of the lease) and when it is the landlord is issued with a notice to change and - as he told me himself - has 30 days to make the conversion back into a garage....or appeal.
So - what do we as tenants do? The agency told me to talk to them not the landlord to inform them what we want to do at the end of the tenancy. I would still like to speak to the landlord to find out WTF he's playing at - especially since my conversation with him ended with the possibility of letting it as a two based on the planning decision and he was to let me know about that and what the rent would be as a result. Maybe doing it through the agency is his way of not having the balls to tell us because he knows there's no way we're going to accept it.
The two of us who are left can't afford to stay if he doesn't back down on price - and TBH, I wouldn't want to. If he reduces the price by £150 a month then we're happy to stay, even while any building work is going on.
How long do we have before we are forced to leave? 3 weeks doesn't seem a very reasonable timescale to find a new place to live. If the PP is refused, is the previous tenancy null & void and should be refunded to us in any way? We don't want to move out - we're being forced into it.
The deposit is in a protection scheme, although we did receive a letter a few months ago which said that the agency had dropped out of it for some reason so we couldn't be evicted until they signed back up.
I don't know if that got resolved though.I would have thought that if he is a reasonable bloke, you should ask for a face-to-face meeting with him (at the letting agent's office?) and offer him the going rate for a 2-bed place, being prepared to go a little higher, as per your post.
If I was in his place, I would think that having you stay there would be in his best interest because
1. He won't have to pay a fee to re-let (although this might be compromised by the fact that he has already re-introduced the agent).
2. He knows who you are; that you pay the rent and you look after the place, and
3. Not many people would take the place on if the garage has to be converted back.
Mention these points to him in your discussions so he knows you know etc.
HTH and post up your progress.
If I was in his place, I would think that having you stay there would be in his best interest because
1. He won't have to pay a fee to re-let (although this might be compromised by the fact that he has already re-introduced the agent).
2. He knows who you are; that you pay the rent and you look after the place, and
3. Not many people would take the place on if the garage has to be converted back.
Mention these points to him in your discussions so he knows you know etc.
HTH and post up your progress.
I am not clear from reading your post whether you have a fixed term Assured Shorthold Tenancy Agreement (hereafter AST), and if so whether the fixed term period is coming to an end, or the fixed period tenancy has rolled over and become a MONTHLY fixed period Periodic Tenancy.
For both an AST and a Periodic Tenancy a Landlord needs to give a tenant a Notice of TWO months to end the tenancy, that Notice by way of a Section 21. A Section 21 Notice cannot be issued by a Landlord, where the Landlord has failed to register/protect the Deposit under the Housing Act 2004, The Tenancy Deposit Scheme.
The reduction in accommodation places the Landlord in breach of the terms set out in the AST, the Landlord should either reduce the rent, find alternative accommodation, or if the Deposit is protected, give his tenant/s the legislated Notice to terminate the tenancy.
My advice to the OP would be first to contact the Council’s Planning Department to let them know of the OP’s interests, situation, repeat the same with the Council’s Housing Advice Department, and then lastly and more importantly the Deposit Protection Scheme that is holding the OP’s Deposit for advice etc.
Lastly, with a landlord whose word can obviously not be trusted, the OP should consider seeking alternative renting accommodation, and when found issuing the Landlord with the OP’s/tenant’s One month Notice.
For both an AST and a Periodic Tenancy a Landlord needs to give a tenant a Notice of TWO months to end the tenancy, that Notice by way of a Section 21. A Section 21 Notice cannot be issued by a Landlord, where the Landlord has failed to register/protect the Deposit under the Housing Act 2004, The Tenancy Deposit Scheme.
The reduction in accommodation places the Landlord in breach of the terms set out in the AST, the Landlord should either reduce the rent, find alternative accommodation, or if the Deposit is protected, give his tenant/s the legislated Notice to terminate the tenancy.
My advice to the OP would be first to contact the Council’s Planning Department to let them know of the OP’s interests, situation, repeat the same with the Council’s Housing Advice Department, and then lastly and more importantly the Deposit Protection Scheme that is holding the OP’s Deposit for advice etc.
Lastly, with a landlord whose word can obviously not be trusted, the OP should consider seeking alternative renting accommodation, and when found issuing the Landlord with the OP’s/tenant’s One month Notice.
If your tenancy agreement states that you are signing to rent a 3 bedroom property, and you sign for another 6 months, after which planning permission is refused and he is forced to restore it back to a 2 property, your tenancy agreement is incorrect.
I'd love to see him chase any of you for unpaid rent if you simply left (after exhausting all reasonable avenues of course) when you want to.
He will try to chase you, possibly through the courts (if he can be bothered) and will produce a tenancy agreement stating 3 bedroom property. Which it's not (or won't be at that point). He will probably know this and wouldn't bother.
In other words, I agree with the post above!
I'd love to see him chase any of you for unpaid rent if you simply left (after exhausting all reasonable avenues of course) when you want to.
He will try to chase you, possibly through the courts (if he can be bothered) and will produce a tenancy agreement stating 3 bedroom property. Which it's not (or won't be at that point). He will probably know this and wouldn't bother.
In other words, I agree with the post above!
if the planning application is refused the council would then presumably have to serve an enforcement notice.
Last time I spoke to the planners about an extension that was built without planning permission they told me that if it's been completed for more than 4 years there was very little they could do, according to the planning forms it was finished in 2005 so if this can be proved it may be that enforcement cannot be done anyway.
If your still happy living there than why not suggest just a rolling month my month lease or sign another lease with a specific clause that allows you to brake the lease should the planning enforcement be served. I would have thought that any lease would be void if part of the habitable accommodation was removed but no harm in having this specifically included in black and white.
Last time I spoke to the planners about an extension that was built without planning permission they told me that if it's been completed for more than 4 years there was very little they could do, according to the planning forms it was finished in 2005 so if this can be proved it may be that enforcement cannot be done anyway.
If your still happy living there than why not suggest just a rolling month my month lease or sign another lease with a specific clause that allows you to brake the lease should the planning enforcement be served. I would have thought that any lease would be void if part of the habitable accommodation was removed but no harm in having this specifically included in black and white.
Thanks for the replies.
I'll call the agent tomorrow and ask for a face to face meeting to discuss options. The planning permission has today been confirmed as refused.
Yes, it's an assured shorthold tenancy agreement (the second of consecutive 6 month agreements) which is due to end on the 24th September.
The notification from the deposit holding company came in June and told us that the agent acting on behalf of our landlord (they're The UK's Number 1 Letting Agent so I would have thought this would be in order as as priority) was no longer a member of the scheme and that our deposit would no longer be protected as of 3 months from 23 May 2011. I don't know if this was ever resolved, but we haven't received any correspondence to say that it was and searching the three deposit protection scheme websites shows no results for our details. I'll ask the agent about this tomorrow.
If we do not extend the agreement yet continue with the tenancy (paying until 24th October) does it automatically become a monthly fixed periodic tenancy?
If the deposit is still unprotected can they still get rid of us if we do not pay all or part of the rent? If the landlord doesn't agree to a reduction in rent, even on a short-term basis we are considering paying just 2/3 of the rent for the final month and finding a new place in the mean time. I imagine any shortfall in that will eventually be taken out of the deposit? Or are we better not paying any rent and just moving out as soon as possible and writing the deposit off as the final months rent payment (deposit is £995, rent is £795)?
If we play everything by the book and end the tenancy in 3 weeks or in 7 weeks if we stay and pay are we entitled to have any of our costs involved in moving (lost holidays, removal fees, identity checks for new tenancies etc) covered by the landlord or agency who misrepresented the property to us?
I'll call the agent tomorrow and ask for a face to face meeting to discuss options. The planning permission has today been confirmed as refused.
Yes, it's an assured shorthold tenancy agreement (the second of consecutive 6 month agreements) which is due to end on the 24th September.
The notification from the deposit holding company came in June and told us that the agent acting on behalf of our landlord (they're The UK's Number 1 Letting Agent so I would have thought this would be in order as as priority) was no longer a member of the scheme and that our deposit would no longer be protected as of 3 months from 23 May 2011. I don't know if this was ever resolved, but we haven't received any correspondence to say that it was and searching the three deposit protection scheme websites shows no results for our details. I'll ask the agent about this tomorrow.
If we do not extend the agreement yet continue with the tenancy (paying until 24th October) does it automatically become a monthly fixed periodic tenancy?
If the deposit is still unprotected can they still get rid of us if we do not pay all or part of the rent? If the landlord doesn't agree to a reduction in rent, even on a short-term basis we are considering paying just 2/3 of the rent for the final month and finding a new place in the mean time. I imagine any shortfall in that will eventually be taken out of the deposit? Or are we better not paying any rent and just moving out as soon as possible and writing the deposit off as the final months rent payment (deposit is £995, rent is £795)?
If we play everything by the book and end the tenancy in 3 weeks or in 7 weeks if we stay and pay are we entitled to have any of our costs involved in moving (lost holidays, removal fees, identity checks for new tenancies etc) covered by the landlord or agency who misrepresented the property to us?
andye30m3 said:
Last time I spoke to the planners about an extension that was built without planning permission they told me that if it's been completed for more than 4 years there was very little they could do, according to the planning forms it was finished in 2005 so if this can be proved it may be that enforcement cannot be done anyway.
Aaaaah, the plot thickens - the work was not done in 2005. As per one of the objection submissions they saw the work being done in 2008. We were told that it was almost brand new when we moved in. I suspect it was around 12 month old judging by the condition of the fixtures. If he's trying to get around it that way, I'm not interested in extending and I wish him the very worst of luck in leasing it in future.Every time a tenancy is renewed, a new Assured Shorthold Tenancy Agreement is drawn up, then the Deposit HAS to be re protected, failure to reregister/protect the Deposit means the landlord cannot issue a Section 21 Notice to terminate, end your tenancy.
I believe you would be reasonable to expect the landlord to reduce down your rental payments for a 3 bed tenanted property, to a 2 bed tenanted property. If your landlord refused to do the same, then it might be reasonable for you to reduce your rental payments accordingly.
Your tenancy contract is legally with the landlord, and irrespective of what actions the letting agents do or do not do, any legality issues still rest in law with the landlord.
If push came to shove, and any eviction case going to court, then the courts would most certainly find in your favour, with heavy legal and compensation costs against the landlord.
My impartial advice, I happen to be a landlord, is that your communications are in writing, that you make no mention to the letting agent or the landlord of their failure in not registering, protecting the Deposit, so that any legal recourse they decide to take, will be completely futile.
Lastly, you should always consider the last months rental payment as your Deposit monies, and understand that you have legal rights to stop entry by either the agent or landlord by changing the main entry door locks, or the cylinder/s to the same.
I believe you would be reasonable to expect the landlord to reduce down your rental payments for a 3 bed tenanted property, to a 2 bed tenanted property. If your landlord refused to do the same, then it might be reasonable for you to reduce your rental payments accordingly.
Your tenancy contract is legally with the landlord, and irrespective of what actions the letting agents do or do not do, any legality issues still rest in law with the landlord.
If push came to shove, and any eviction case going to court, then the courts would most certainly find in your favour, with heavy legal and compensation costs against the landlord.
My impartial advice, I happen to be a landlord, is that your communications are in writing, that you make no mention to the letting agent or the landlord of their failure in not registering, protecting the Deposit, so that any legal recourse they decide to take, will be completely futile.
Lastly, you should always consider the last months rental payment as your Deposit monies, and understand that you have legal rights to stop entry by either the agent or landlord by changing the main entry door locks, or the cylinder/s to the same.
Edited by Wings on Friday 2nd September 08:25
I should have added to my earlier post, that if at this stage the OP, tenant/s point out to the landlord cannot issue a Notice because the Deposit has not been protected, then the landlord will simply protect the Deposit, and immediately issue Notice.
So let the landlord proceed with any Notice, and in the event of the matter getting to the Courts, the Courts will simply throw out the eviction process, with costs going in favour ofd the OP/tenants.
So let the landlord proceed with any Notice, and in the event of the matter getting to the Courts, the Courts will simply throw out the eviction process, with costs going in favour ofd the OP/tenants.
I don't really want to go to court, I just want somewhere to live that isn't unrealistically priced. We've found loads of local more reasonably priced places (one of them just over the road!) so have arranged viewings. Waiting for a call back from the agency regarding arranging a meeting.
Let me get this right - if we fail to pay any rent once our tenancy is up in three weeks, will a notice to quit automatically be served and because the deposit is not protected would be unenforcable? If we could write off the final month and a bit's rent in lieu of deposit being returned then we'll do that.
Changing locks sounds a bit extreme, but if we stop paying rent before moving out then I wouldn't put it past the landlord to turn up and enter the property. He's been in and out a few times without notifying us during the tenancy - mainly to show buildings inspectors the conversion and we've only found out because we've come home and noticed that objects have been moved or disturbed. As I understand it, the landlord needs to give 24 hours notice to enter a property. I suppose if he's been in without telling us in the past then he wouldn't think twice about entering and trying to make up rent shortfall by taking items, or even changing the locks himself. We can lock the front door from the inside and use the back door, to which I very much doubt he has a key.
Obviously this is all theoretical as we are yet to discuss directly with the landlord regarding renewed rental amount. My gut feeling is that he's going to carry on letting it as a three bedroom place.
Let me get this right - if we fail to pay any rent once our tenancy is up in three weeks, will a notice to quit automatically be served and because the deposit is not protected would be unenforcable? If we could write off the final month and a bit's rent in lieu of deposit being returned then we'll do that.
Changing locks sounds a bit extreme, but if we stop paying rent before moving out then I wouldn't put it past the landlord to turn up and enter the property. He's been in and out a few times without notifying us during the tenancy - mainly to show buildings inspectors the conversion and we've only found out because we've come home and noticed that objects have been moved or disturbed. As I understand it, the landlord needs to give 24 hours notice to enter a property. I suppose if he's been in without telling us in the past then he wouldn't think twice about entering and trying to make up rent shortfall by taking items, or even changing the locks himself. We can lock the front door from the inside and use the back door, to which I very much doubt he has a key.
Obviously this is all theoretical as we are yet to discuss directly with the landlord regarding renewed rental amount. My gut feeling is that he's going to carry on letting it as a three bedroom place.
Of course you do not want to go to Court, and even if your landlord served you with a 2 month Notice today, it would possibly take 3-4 months before the case came to Court.
Your landlord needs to give 24 hours notice to REQUEST entry to YOUR home, and you are legally entitled to refuse entry, with the additional legislated measure of changing the main entry door locks/cylinders etc.
Yes, changing locks is extreme, but entering YOUR home, without your prior knowledge and agreement is also extreme, one that you should have discouraged. If the landlord then attempted to gain entry, break in to the premises, the same would become a police matter.
From your postings, your landlord appears to be a “chancer”, one that cannot be trusted, and will seek to recover ground on a lost argument. Certainly you need to act in your own interests, and if that means withholding one or two rental payments to recover your Deposit, then you may feel you have to take that course of action, I know I would.
If one of your fellow tenants is vacating to the change in accommodation, then you are perfectly entitled, and therefore reasonable to expect a reduction in your rental payment.
As I stated earlier, it is to your advantage not to raise the issue of the Deposit being protected, with in your rental negotiations to raise the level of Notice you require to give to the landlord/agents.
Your landlord needs to give 24 hours notice to REQUEST entry to YOUR home, and you are legally entitled to refuse entry, with the additional legislated measure of changing the main entry door locks/cylinders etc.
Yes, changing locks is extreme, but entering YOUR home, without your prior knowledge and agreement is also extreme, one that you should have discouraged. If the landlord then attempted to gain entry, break in to the premises, the same would become a police matter.
From your postings, your landlord appears to be a “chancer”, one that cannot be trusted, and will seek to recover ground on a lost argument. Certainly you need to act in your own interests, and if that means withholding one or two rental payments to recover your Deposit, then you may feel you have to take that course of action, I know I would.
If one of your fellow tenants is vacating to the change in accommodation, then you are perfectly entitled, and therefore reasonable to expect a reduction in your rental payment.
As I stated earlier, it is to your advantage not to raise the issue of the Deposit being protected, with in your rental negotiations to raise the level of Notice you require to give to the landlord/agents.
Wings said:
Lastly, you should always consider the last months rental payment as your Deposit monies...
Hmmm, not sure if this bit is correct.Edited by Wings on Friday 2nd September 08:25
The security deposit is the Landlord's guarantee against any possible dilapidations for which the tenant is responsible, if there are any.
I don't consider it reasonable to assume that you can avoid paying a month's rent out of the security deposit, at least not without the LL's prior consent. They should be treated as separate issues.
I am not sure if non-payment of the rent may also prejudice the OP's case if it does end up in Court.
Incidentally OP, in light of subsequent posts, it would appear the LL is trying to play both ends against the middle here. If you have found alternative accommodation which suits your requirements and budget, I would simply move out and avoid any issues, if I were you.
HTH
I thought there was quite serious implications of a landlord having an unsecured deposit, fines of double the deposit ring a bell.
With regards to using your deposit as the last months rent, unless agreed by the landlord I wouldn't do this. Legally your wrong in doing so and if for what ever reason a disagreement between you and the landlord kicks off it will reflect badly on yourself.
With regards to using your deposit as the last months rent, unless agreed by the landlord I wouldn't do this. Legally your wrong in doing so and if for what ever reason a disagreement between you and the landlord kicks off it will reflect badly on yourself.
From 6 April 2007, all deposits (for rent up to £25,000 per annum) taken by landlords and agents for assured shorthold tenancies (AST) in England and Wales have to be protected by a government authorised tenancy deposit scheme. (ASTs are the usual tenancies made between a private landlord and his tenants.)
If there is a dispute regarding damage or breach of the tenancy terms then the ADR service will become involved, otherwise the tenant's deposit will be returned without delay.
The onus of proof will be on the landlord or agent. They will need to provide reliable evidence, usually in the form of an inventory, or a schedule of condition and photographs, to support their claim for deductions from the deposit.
If there is a dispute regarding damage or breach of the tenancy terms then the ADR service will become involved, otherwise the tenant's deposit will be returned without delay.
The onus of proof will be on the landlord or agent. They will need to provide reliable evidence, usually in the form of an inventory, or a schedule of condition and photographs, to support their claim for deductions from the deposit.
In several Landmark High Court Judgments, failure by a landlord to register a Deposit DURING an Assured Shorthold Tenancy Agreement under section 214 of the Housing Act, then it is an option for the tenant to take any legal proceedings under section 213 of the Act. In such circumstances a landlord merely then needs to register/protect the Deposit to both stop or prevent any legal penalties being imposed by the Court.
When either the term of the tenancy has completed, or/and Deposit has been fully refunded by the landlord, then the Courts under the Act have no jurisdiction against the landlord for failure to register/protect a Deposit.
So my argument is that the above would mean that a defaulting landlord who nevertheless was scrupulous in dealing with the deposit at the end of the lease would be in a worse position with a defaulting tenant than he would be with a tenant who observed his own covenants to the letter. If the landlord was able to refund the deposit in its entirety he would escape the consequences of s.214(4) but not if he had legitimate grounds for retaining part of it to pay for repairs, rent arrears etc.
When either the term of the tenancy has completed, or/and Deposit has been fully refunded by the landlord, then the Courts under the Act have no jurisdiction against the landlord for failure to register/protect a Deposit.
So my argument is that the above would mean that a defaulting landlord who nevertheless was scrupulous in dealing with the deposit at the end of the lease would be in a worse position with a defaulting tenant than he would be with a tenant who observed his own covenants to the letter. If the landlord was able to refund the deposit in its entirety he would escape the consequences of s.214(4) but not if he had legitimate grounds for retaining part of it to pay for repairs, rent arrears etc.
I finally managed to speak to the letting agent today, who I asked to arrange a meeting with our landlord as suggested in the first reply on here. They were totally unhelpful and begrudgingly agreed to call him.
They eventually called me back to inform me that the landlord has asked them to serve notice on us, which will be confirmed in writing in a couple of days. So we now have two months to find a new place (shouldn't be too hard) but as one of us is potentially leaving the two remaining tenants are going to have to pay more until we move out.
I didn't mention to the letting agent that our deposit is potentially unprotected.
Other than doing the online searches is there any way of checking this? Not that it matters particularly, because we're more than likely not going to stay the allotted two months anyway.
I'm pissed off that we're being forced to move and it's going to cost us in holiday/agents fees etc etc. What are the odds that the landlord tries to f
k us over on the deposit as well.
They eventually called me back to inform me that the landlord has asked them to serve notice on us, which will be confirmed in writing in a couple of days. So we now have two months to find a new place (shouldn't be too hard) but as one of us is potentially leaving the two remaining tenants are going to have to pay more until we move out.
I didn't mention to the letting agent that our deposit is potentially unprotected.
Other than doing the online searches is there any way of checking this? Not that it matters particularly, because we're more than likely not going to stay the allotted two months anyway.
I'm pissed off that we're being forced to move and it's going to cost us in holiday/agents fees etc etc. What are the odds that the landlord tries to f
k us over on the deposit as well. Seeking clarification on whether your Deposit is either protected or unprotected is the action you should now be taking, for once you have that information then you will be better placed on what action you are able to take with regards to the termination Notice, further rental payments and the full recovery of your Deposit. etc.
A landlord/agent not only has to protect a Deposit, but also inform the tenant of the TD Scheme the Deposit is protected with, and to inform the tenant the workings of that TD Schemes, this the landlord/agent requiring a signature from the tenant confirming receipt of this information. The fact you need to check to see if your Deposit has been protected, appears to indicate even if the Deposit was protected, an offence was also committed in not informing you of the TD Scheme etc.
Every time either a fixed term Assured Shorthold Tenancy Agreement comes to an end, when a new fixed term Assured Shorthold Tenancy Agreement is drawn up (even with same tenant/s), or when one tenant leaves and another tenant moves in, then the Deposit must be unprotected and re-protected again.
You can do a search on the protection of your Deposit via this link, since in your tenancy there were three named tenants, any one of those names may be named as the leading tenant, so check each tenant’s name, agent’s name and or landlord’s name, against the rental address.
http://england.shelter.org.uk/get_advice/paying_fo...
An unprotected deposit will not allow the landlord/agents the legality in serving a section 21 Notice upon you, the same also considerably weakens any legal action the landlord/agent may take over rental arrears.
Whilst there is a good chance that either the agent or the landlord will seek to stitch you up over refunding your Deposit, an unprotected Deposit will soon have the landlord grovelling in the Courts.
A landlord/agent not only has to protect a Deposit, but also inform the tenant of the TD Scheme the Deposit is protected with, and to inform the tenant the workings of that TD Schemes, this the landlord/agent requiring a signature from the tenant confirming receipt of this information. The fact you need to check to see if your Deposit has been protected, appears to indicate even if the Deposit was protected, an offence was also committed in not informing you of the TD Scheme etc.
Every time either a fixed term Assured Shorthold Tenancy Agreement comes to an end, when a new fixed term Assured Shorthold Tenancy Agreement is drawn up (even with same tenant/s), or when one tenant leaves and another tenant moves in, then the Deposit must be unprotected and re-protected again.
You can do a search on the protection of your Deposit via this link, since in your tenancy there were three named tenants, any one of those names may be named as the leading tenant, so check each tenant’s name, agent’s name and or landlord’s name, against the rental address.
http://england.shelter.org.uk/get_advice/paying_fo...
An unprotected deposit will not allow the landlord/agents the legality in serving a section 21 Notice upon you, the same also considerably weakens any legal action the landlord/agent may take over rental arrears.
Whilst there is a good chance that either the agent or the landlord will seek to stitch you up over refunding your Deposit, an unprotected Deposit will soon have the landlord grovelling in the Courts.
So - we found a new place and moved out at the end of our tenancy. Deposit was returned (minus a ludicrous £60 fee for re-issuing the AST after 6 months which we had refused to pay).
All was fine and as far as we were aware the landlord was reverting the room back to a garage and probably selling the place (our assumption, seeing as he didn't want to reduce the rental price to keep us in).
BUT NO - we have found the property is back on the market with the price reduced by £150 a month and advertised with 2 bedrooms yet there are photos of all three bedrooms - apparently the offending room could be used as a TV/Games room, but it has a bed in it...
http://www.rightmove.co.uk/property-to-rent/proper...
What can we do? Inform the planning dept of the council? Put a letter through the door for the new tenants to read (I've just noticed that it is under application)?
All was fine and as far as we were aware the landlord was reverting the room back to a garage and probably selling the place (our assumption, seeing as he didn't want to reduce the rental price to keep us in).
BUT NO - we have found the property is back on the market with the price reduced by £150 a month and advertised with 2 bedrooms yet there are photos of all three bedrooms - apparently the offending room could be used as a TV/Games room, but it has a bed in it...
http://www.rightmove.co.uk/property-to-rent/proper...
What can we do? Inform the planning dept of the council? Put a letter through the door for the new tenants to read (I've just noticed that it is under application)?
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