NEED URGENT ADVICE RE TENANCY AGREEMENTS

[J20BABY]

my mum moved into a flat a few days ago, she had a few people round on fri night and the landlord has rung her and said he's not happy and she has to move out in the next 2 days!

she has paid 7 months rent in advance and it was a one off, they have both also signed a tenancy agreement, but it had no clauses in it.

can he do this?

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Very unlikely, but I'd suggest going to the CAB for some advice.

Doesn't sound like a good way to start does it? He's trying to pull a fast one, and keep her money.

paying 7 months in advance? That's not right, surely? I'd be very wary of him I'm afraid.

no he said he'll give her her money back if she's out my tue.

suely the tenancy agreement is binding?

i have to go out now but will log back in later to see if anyone can help!

No, no, no

When you sign a tenancy it automatically becomes an assured shorthold tenancy - even if it says something else on the agreement.

It used to be 6 month minimum, one months notice by tenant or two months notice by landlord after the expiry of the six months.

Unless this agreement has some special clauses - such as no visitors after 10pm etc... (even then I would doubt their legality) he is talking out of his a**e.

Though I am a property solicitor, haven't practicsed for a few years, so please do check with the citizens advice.

I used to look after my next door neighbour's house when it was rented out. We used a standard shorthold tenancy form available from WH Smith. It definitely required one month's notice on the part of the landlord. Also - new rules have come into force very recently requiring the landlord to lodge the deposit with an approved agency. I don't know any more than that, but she should make sure that he's done that, too. Definitely ring CAB first thing Tue.

Did she pay a deposit? If so, was she advised about the new deposit protection scheme which came into force on 1st April? Is her deposit being held by a third party or did her landlord sign up to the insurance scheme?

Sounds as though her landlord knows nothing about landlord and tenancy law and is trying it on.

Where does the landlord live? In the same building? Do they share any facilities?

No. She cannot be forced to leave. That is the whole point of a shorthold Tenancy Agreement.

This sounds like bullying and the landlord needs to be VERY careful. Try posting on Landlord Zone (Google it). Great discussion forum with some senior members who will immediately let you know what to do.

The tenancy agreement protects both the tenant and the landlord but the whole point of it is that the tenant gets six months to enjoy the property (within reason...certain things such as non-payment of rent may trigger certain clauses but this is obviously not the case here). HTH

thank you all very much, you have definately been helpful.

he said he will give her all her money back if she is out by tuesday, and yes she did pay 1 months deposit and 6 months advance rent, she has also said they where not particularly noisy but she thinks someone had complained, however, when someone knocked on the door and asked her to turn the music down she did, she also thinks the landlord has heard rumours about her and her boyfreind arguing a lot, but shouldn't he have checked references before signing the agreement?

he does not live in the same building, it is a large house converted into flats.

As far as I'm aware, one months rent in advance and one months rent as a deposit is the norm, so do be very careful - doesn't sound like he is being a good landlord. I hope its going to be alright for her.

she only paid so much in advance as she is really bad with money and isn't working at the minute, so she used an insurance payment to make sure she had a roof over her head until she got sorted out

am glad he's not pulling a fast one!!! good luck with it

i've just spoke to my mum and she said it's not an actual tenancy agreement, it is a quick temporary version done on the computer, saying......'i agree i will take over the tenancy of xxxxxx addressxxxxxx and i have paid £xxx deposit and £xxxx advance rent' and they have both signed it, is this as good as an actual tenancy agreement, as he was going to do a proper one when he got the chance?

Not sure tbh but on what grounds is he seeking repossession ? seems overly hasty and wodner if there isn't more to it.

finally got a reply on landlordzone, the short answer is no he can't do it.

will try and do a link for those that are interested

here

Your Mum could also try the Shelter Helpline for general housing advice. I can't remember the number but when I go back into work on Tuesday I can post it.

I think her landlord is chancing his ar0.

update on the situatuion. my mum has informed the land lord that he is not allowed to just evict her, so he said he will get a court order.

will post if anything happens

Bloomin' parents can be such a worry, can't they? Tell her to speak to the Housing Needs Office at her local council to keep them informed of the situation - they may be able to help or offer advice.