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  #11  
Old 01-05-2008, 08:25 PM
Angry Cat Angry Cat is offline
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Originally Posted by The Terminator View Post
Hi AC

It won't take you out of the perodic rolling as you have a six month secure of tenure by stature which mean's that you cannot be evicted within them six months.

Term
Sorry Term I don't get your meaning!
Please clarify.

I started of with an Assured Shorthold Tenancy Agreement; period six months. This was arranged with the Letting Agent who provided the contract, the notice of termination that was written into the contract was 2 months on either side.

The tenancy commenced October 2006, but after the initial 6 months the Landlord decided to take over the tenancy himself. Therefore in April 2007 he provided me with a letter stating that he was happy to renew for a further year, taking me to April 2008.

I received a telephone call last month: April, in which the Landlord informed me that he is happy to renew the tenancy for a further 6 months and I have written to the Landlord asking him to confirm what he stated in his telephone conversation with me; he is happy to renew the tenancy for a further 6 months.

Term, does this not constitute a verbaL CONTRACT; a Six Month Tenancy, or are you saying that I could be on a 2 month rolling tenancy?
meaning that I could receive a two month notice at ant time.

AC
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  #12  
Old 06-05-2008, 04:54 PM
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Originally Posted by Dragonlady View Post
Who is holding the deposit money AC?
An update;

As previously stated the Landlord has confirmed verbally on the telephone that he will renew my tenancy for the next six months, I have written to him and requested that he confirm in writing. I feel sure that he will do this.

With regards to my deposit, over the weekend I wrote to the original Letting Agent a very simple letter:

"Please confirm that my deposit for XXXX in relation to XXXX has been passed to the Landlord."

Today, I have received an email from the original Letting Agent:

"Just to confirm we still hold your deposit in our clients account. Hope all is well at the house."

I thought that letting agents had to advise a tenant which sheme the deposit is being held in.

However, my original tenancy through the Letting Agent commemced October 2006, the tenancy was for 6 months. In April 2007 the Landlord took over the rental and supplied me with a letter (not a AST agreement) which renewed the tenancy for a further year; April 2008.
Who should have advised me as to the whereabouts of my deposit and when.

AC
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  #13  
Old 06-05-2008, 08:12 PM
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Quote:
Originally Posted by Angry Cat View Post
An update;

As previously stated the Landlord has confirmed verbally on the telephone that he will renew my tenancy for the next six months, I have written to him and requested that he confirm in writing. I feel sure that he will do this.

With regards to my deposit, over the weekend I wrote to the original Letting Agent a very simple letter:

"Please confirm that my deposit for XXXX in relation to XXXX has been passed to the Landlord."

Today, I have received an email from the original Letting Agent:

"Just to confirm we still hold your deposit in our clients account. Hope all is well at the house."

I thought that letting agents had to advise a tenant which sheme the deposit is being held in.

However, my original tenancy through the Letting Agent commemced October 2006, the tenancy was for 6 months. In April 2007 the Landlord took over the rental and supplied me with a letter (not a AST agreement) which renewed the tenancy for a further year; April 2008.
Who should have advised me as to the whereabouts of my deposit and when.

AC
Its the Landlord who should be holding the deposit not the letting agent as I assume they no longer act for the Landlord.

Term
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The courts shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner

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  #14  
Old 06-05-2008, 08:38 PM
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Originally Posted by The Terminator View Post
Its the Landlord who should be holding the deposit not the letting agent as I assume they no longer act for the Landlord.

Term
That is what I thought Term and that is why I sent a letter to the Letting Agent; asking them to confirm that the deposit has been passed to the Landlord.
However, you can see from the above that the Letting Agent states, that the deposit is being held in their Clients account?

The Letting Agent has not been involved in any renewal of the AST contract. The only contract that I have had since the first, is within a letter and recently a telephone conversation.

I thought that an agent who holds A TENANCY DEPOSIT MUST ADVISE THE TENANT, which scheme the deposit is being held in?

Note, the Letting agent appears to be slap dash

AC
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  #15  
Old 06-05-2008, 09:42 PM
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Those regulations came in last year to supplement the HA(2004) and only applies to AST's signed after 1st July 2007 I beleive thats the correct date.I would though suggest you tell your landlord about this as the letting agent should have either given it back to you or the landlord.

Term
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The real evil is not the payment of money, but the secrecy attending it (Chitty L.J. in the case of Shipway v Broadwood [1899] 1 QB 369, 373). .

The courts shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner

Moneylending transactions as a class give rise to significant social problems.

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  #16  
Old 13-10-2008, 01:27 PM
BOUDICCA BOUDICCA is offline
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Well, I am in the same old position;

For the first 6 months of my tenancy, I had an AST contract; October '06 - April '07.
The Landlord did not formally renew the tenancy with an AST contract, but he did write a letter stating that he would renew for a further year; April 07-April 08.
The next 6 months; April 08 - Ocotber 08, he agreed verbally over the telephone.

I wrote to him 3 weeks ago asking if he would renew for a further 6 months;
October 08 - April 09 but he has ignored my letter! the tenancy expired 12 October 2008.
I have renewed my direct debit for the rent to him and the payment went out 12 October.

This situation obviously causes me some concern...
Does the fact that I have now been a tenant in this property for 2 years now, offer me any protection as a tenant?

BOUDICCA
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  #17  
Old 13-10-2008, 03:14 PM
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No it doesn't offer any protection, You only get protection after 5 years. we were in a similar situation before we bought this house and the Landlord served notices requesting possession of the houses when we came to the 4 years 10 months mark. We weren't the only tenants in this position and the landlord still continues with this practice.

it looks like you are now on a monthly periodic tenancy and he can ask for possession at any time, so long as he gives you the legal notice timeframe.
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  #18  
Old 13-10-2008, 05:18 PM
BOUDICCA BOUDICCA is offline
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Yes, I think that it must be a rolling periodic tenancy now; my original AST contract stated 2 months notice on either side...

BOUDICCA

Last edited by BOUDICCA : 14-10-2008 at 04:58 PM.
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  #19  
Old 15-10-2008, 01:10 AM
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Quote:
Originally Posted by The Terminator View Post
Those regulations came in last year to supplement the HA(2004) and only applies to AST's signed after 1st July 2007 I beleive thats the correct date.I would though suggest you tell your landlord about this as the letting agent should have either given it back to you or the landlord.

Term
Its April 1st actually
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Unfortunately i'm not an expert in any given field legally, and my advice is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional.

Contents of my posts are purely my own personal opinions and not intended to be a personal attack on any one person, so please do not take offence

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  #20  
Old 15-10-2008, 01:20 AM
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Quote:
Originally Posted by BOUDICCA View Post
Well, I am in the same old position;

For the first 6 months of my tenancy, I had an AST contract; October '06 - April '07.
The Landlord did not formally renew the tenancy with an AST contract, but he did write a letter stating that he would renew for a further year; April 07-April 08.
The next 6 months; April 08 - Ocotber 08, he agreed verbally over the telephone.

I wrote to him 3 weeks ago asking if he would renew for a further 6 months;
October 08 - April 09 but he has ignored my letter! the tenancy expired 12 October 2008.
I have renewed my direct debit for the rent to him and the payment went out 12 October.

This situation obviously causes me some concern...
Does the fact that I have now been a tenant in this property for 2 years now, offer me any protection as a tenant?

BOUDICCA
You do realise that you are entitled to claim 3x the deposit if its not in a protected scheme dont you?
__________________
I QUESTION THEREFORE I AM!!

Unfortunately i'm not an expert in any given field legally, and my advice is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional.

Contents of my posts are purely my own personal opinions and not intended to be a personal attack on any one person, so please do not take offence

Also they are not condoned or endorsed in any way, shape or form by CCS. Thank you!
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