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Welcome to the questions and answers section of Landlord-Law
Here Tessa answers questions sent to her by readers (both members and non members). Only ten questions and their answers are displayed at any one time - the others can be viewed by members only by following the link to 'old Q and A' at the bottom of the page.
Please note that when viewing old questions and answers, the date of the answer is important - be careful with old answers as the law may have changed since the answer was given.
Apologies to those who have submitted questions which have not been answered. We cannot answer them all ...
Question: Hi what is the law if you have signed a contact and have a date and paid a deposit however it now looks like the previous tenant will not be moving out for a while and we do not have a specific date when we can move it -- it will be after our contact date. Anon
Answer: I assume that you are the tenant. If you have signed a contract for a tenancy to start on a specific date and your landlord is unable to give you possession on that day, your landlord will be in breach of contract. You will be entitled to claim from the landlord any additional reasonable accommodation expenses (or all the cost if you have paid rent in advance) until such time as you are able to move in. If your landlord is not able to honour the tenancy at all, then he will be liable to pay you compensation to cover any additional (reasonable) expense this causes you. 22 August 2010
Question: I'm a student and me and friends are about to move in to our rented house on Friday. We all want to put locks on the doors of each of our rooms. We have been told that we may not be allowed to do this but does the landlord have the right to reject this of all us want to put on the locks and are willing to pay for any damages? Thank you Eddy
Answer: Once you have signed the tenancy agreement and moved in, your landlord will not have the legal right to physically go in and stop you putting locks on the doors unless he goes to court and gets an injunction (which is unlikely). However you will have to pay for the locks to be removed and the doors restored to their original condition when you leave, and your landlord will be entitled to deduct the cost of this from your tenancy deposit. 22 August 2010
Question: I’m renting a flat and have a 1 year assured shorthold contract, with a 6 month break clause which requires one months notice. Does this mean I can give 1 months notice after 5 months then leave at the end of the 6th month? Paul of Portchester
Answer: With break clauses it depends very much on the wording of the clause. You have to read it carefully and do exactly what it says. Some clauses are rather vague and difficult to follow in which case it may be a good idea to get some legal advice. The lawyer however will need to see the exact wording. In your case I suspect that you are right but it is impossible to say without seeing the clause. 22 August 2010
Question: When I moved into my flat on February 2010 I was asked to sign a six month contract this ended in august and I asked if I could have a month by month contract as I wished to move out 2 months later, she told me that her solicitor had advised her not to as it was more work for him, she then told us we either sign the 6 month contract or get out, can she do that? Lysh
Answer: Your tenancy (assuming it is an assured shorthold tenancy) will continue anyway , as this happens automatically under section 5 of the Housing Act 1988. If you are paying monthly it will continue on a month by month basis. You do not have to do anything. I would suggest you stay put and then serve a notice telling them when you intend to vacate (you need to give at least one months notice ending at the end of your monthly period). If your landlord tries to make you leave before that without going through the courts (which will take much longer than two months) this is a criminal offence and you can complain about her to the Housing Officer at your Local Authority – they are the people who bring prosecutions, not the police. 22 August 2010
Question: I am a landlord but I am getting conflicting information on whether is it yet law to have an electrical safety certificate issue. Where can I find the current legislation regarding this? Mr Long. Worcester
Answer: The only legislation which requires a landlord to obtain an electrical safety certificate is The Management of Houses in Multiple Occupation (England) Regulations 2006 which require landlords of HMO properties to obtain a certificate every five years. The landlord is also required to keep the installations for the supply of electricity in good repair under the repairing covenants in section 11 of the Landlord and Tenant Act 1985, but these do not require landlords to obtain a certificate. 22 August 2010
Question: When tenants deposit lost ie previous letting agent gone into liquidation & deposit was pre April 2007 & tenants now signing new tenancy agreement, should the landlord replace the deposit? Anon
Answer: Yes I am afraid so. The landlord is responsible for the return of the deposit to the tenants and the fact that it was lost by his agents will not help him. As a new tenancy is being signed the landlord will now need to arrange for the deposit to be protected. 22 August 2010
Question: I am looking for a small dog of a particular breed that is not prone to barking, doesn't shed and is easily trainable. I work from home so he would rarely be left alone. I have been advised by my landlord that, as per my lease, no pets of any kind are allowed. My leasehold agreement states: "Not to keep any animals or birds (whether domestic or otherwise) in the Premises without the prior consent of the Landlord or the Agent which will not be unreasonably withheld...If applicable, the landlord's agent will charge 30 for dealing with any application for consent. An additional Deposit may also be required." Is my request not reasonable? Thank you for your advice! Gregory from Wirral
Answer: It is the reasonableness or otherwise of your landlords refusal of consent which is in issue here. Under the terms of your agreement your landlord is entitled to refuse consent but only if his refusal is reasonable. This will depend on a number of things. For example if the landlords headlease prohibits pets it will be reasonable for him to refuse permission to you as this would put his own lease in jeopardy. It will also depend on the pet concerned and its suitability for the property. There is a long article on Landlord Law about letting property with pets which you can read >> here. 22 August 2010
Question: I am living in a flat in England , my problem is I am contracted with a estate agent assured shorthold tendency. it was expired in last January , then they send a another assured shorthold tendency for another one year, we signed all copies and send it back to the agent , then the agent send one copy to me and it was not signed by house owner or estate agent. So my question is can I break the contract? Thank you Sealord
Answer: If you have signed the tenancy agreement then you have confirmed your acceptance of an offer for a further years contract. So I think the tenancy is binding on you even though you have not been given a copy with your landlords signature. If you want to leave early you should speak to the agents and see if they are willing to let you go. They are more likely to do this if you can find someone to take over the flat from you. If no replacement tenant can be found they can hold you responsible under the tenancy for the rest of the fixed term. 22 August 2010
Question: Dear Sir, I am having a problem as a tenant of my current flat. I have been living here for 7 months and I have proofs of it. The landlord want us to leave this month and he has not wanted to sign a contract for us. The problem is that we want our 800 deposit back and we do not know what are we entitled for. Anon
Answer: If you are a tenant in a property your landlord cannot require you to leave without following the proper procedure. This means he must serve you with a possession notice (properly drafted) and then evict you through the courts. If he tries to make you leave without doing this, it is unlawful eviction which is a criminal offence. Have a word with the housing officer at your Local Authority. If you paid a tenancy deposit your landlord should (assuming you have an assured shorthold tenancy) have protected this in a scheme. If this was not done then you can claim a penalty payment of three times the deposit sum from the courts. If after you have move out your landlord still has not protected the deposit, you will find a service which can help at www.tenancydepositclaim.com. 22 August 2010
Question: I am a Landlord who rents out a property through an agent. I told my agent eight weeks ago that I wanted my house back at the end of the tenancy agreement which ends in four weeks. I told them to make sure my tenant knew. On viewing my house the tenant has not looked after it and now refuses to move out in four weeks as she has nowhere to go despite being given 12 wks notice at the end of her agreement. She says she can’t afford It! Where do I stand now as I’ve excepted an offer on the house and want to sell asap? Mr Smith of North Yorkshire
Answer: Do not exchange contracts on your sale! If your tenant is unwilling to move out voluntarily, you will need to evict her through the courts. I presume that your letting agent will have served a section 21 notice on your tenant, which is the notice requiring them to leave. If so you will be able to start possession proceedings as soon as the fixed term has ended. There is a special form of possession proceedings you can use called the ‘accelerated procedure’. Despite its name it is not that quick. It generally take about 6-10 weeks to get a possession order, and then if the tenant still does not move out, it can take between 2-10 weeks after that to get a bailiffs appointment , depending on how busy your court is. If your agent has not served a section 21 notice, you need to get this done PDQ, as the minimum notice period before you can start court action is two months. 22 August 2010
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