I received an email from my letting agent on Friday asking to allow someone to view my rented flat today. My agreement runs until 30th June and had no intention of leaving, when I asked why they said that I had to leave as the owner wanted to renovate. I’ve since found on Zoopla that the flat is advertised for occupation from 1 month after the end of my tenancy at an increase of £225 pcm. I offered to move out for the works to be done before findingemphasized text this out but was told they didn’t know how long the work would take. Where do I stand? I’ve never missed a payment and haven’t reported them for damp that hasn’t been fixed since moving in 4 years ago or complained about a few other things that weren’t up to standard for fear of being asked to leave and still don’t want to move despite all this. Do I just have to accept that I’ll have to leave?
Unfortunately this is the case. You could offer a rent increase if this suited you.
This isn’t good practice from the LL and should have increased rent gradually to bring upto market value, but the choice is still theirs.
How is the damp caused? Usually it’s due to poor heating, inadequate ventilation with clothes being dried inside.
I believe it’s either rising damp or a problem with the drainage, the shower in the room next door to the room with the problem doesn’t drain properly
Hi Garcan03,
If your letting agent / landlord wants you to leave the property, they have to follow the correct legal way to end the tenancy. Only a tenant or a judge can end a tenancy.
The letting agent / landlord must first issue you with a section 21 on form 6A asking you to leave. This gives the tenant 2 months notice before the landlord can apply to court to end the tenancy. Your AST runs out on June 30th so a section 21 would be sent to the tenant 2 months prior to the end of the AST (end of April in your case).
If a tenant chooses to stay at the end of an AST, the tenancy will continue as a rolling periodic tenancy until either you give 1 month notice to leave or the LA / landlord issues you with 2 month notice to leave using a section 21. A section 21 is then only valid if the landlord has a current gas cert certificate for the property, protected your deposit in a government scheme within 30 days, issued you with the current how to rent booklet and have EPC and EICR certs. If the landlord has not done these things it is difficult and lengthy to evict a tenant.
As a tenant, you have the right to “quiet enjoyment” of the property. This means you have the right to make use of your home without disturbance from the landlord or anyone acting on their behalf.
You do not have to agree to letting in potential tenants to show them around, this practice is normally only done in the last 2 months of the tenancy and with the agreement of the tenant following proper notice being issued.
I would contact Shelter if I were you, as it sounds like you have a landlord / LA who are not following the proper legal process. You can either phone Shelter or use the online chat function. Good luck.
A landlord or agent has a right of entry for maintenance or other such conditions.
Valid EICR required at start of tenancy but I do not believe non compliance is a reason for s21 not being valid.
If eicr expires during tenancy then replacement not needed. Only needs to be valid at beginning. (I believe)
I think you are mixing EICR with EPC. You do have to renew EICR, you don’t have to renew the EPC until you want to advertise a property.
That is a really crap thing to do and gives good landlords a bad name. I am sorry you are being treated like this.
Yes you are right! I’ve just double checked and not having one does not interfere with issuing of S21.
That’s great to hear. Thanks for that, I’ll
Look into the epc, I’ve never seen one. I wasn’t actually notified that they wanted us to leave. They just sent an appointment for a viewing.
That’s cheered me up, can’t wait to tell the wife that there is still a chance we won’t have to leave
Thank you
Are they trying trying to get around all this)and can they?) by saying they want to carry out renovations?
I don’t think it makes much sense to view the property before renovation. Just view it afterwards.
The drainage problem with the adjacent shower and no basic investigation whether it is laundry/soap/hair build up, or something else; food and oil etc washed down kitchen sink - just left is a typical problem I encounter when there are tenants. A homeowner is more likely to carry out regularly checks on
drains, sink plumbing in order. Have you informed your landlord? That is why I do checks and successfully got the Thames Water to pay for a blockage caused in fact by a blockage of sewerage pipe yards away further along the road.
I don’t think we’re getting the full story here,
Why would a landlord request you to leave the property without first giving you the opportunity to pay an increased rent?
It sounds to me that there’s something your not telling us
I fully understand what you’re saying as it makes no sense and does seem like a bit of information is missing, I can’t understand it and believe there’s something they’re not telling me. They’ve done the same with the flat above. My fixed term contract ends this month and they’re expecting me out, so they still need to issue this form 21 as notice?
It’s now 10 days until we have to be out of the flat but have nowhere to go as yet. I’ve been advised that we don’t have to leave and that the landlord will have to go to court. My question is do I need to let the estate agent know that we won’t be moving out on the notice date?
If you wait for court you can forget about private renting again.
Why’s that. How would a future landlord know?
Why’s that? It’s a no fault and rent paid
You can wait for the Notice from the court. At that point, you should be able to get legal advice from the duty solicitor who will be able to explain things and give you far better advice that you’d get from strangers on the internet (though some are very clued up)
I suspect the message is “don’t wait for court”- if you haven’t got legal advice. Going into court unprepared can lead to debt and a poor credit record. Contact your local housing charity or Shelter for advice.