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Thread: Housing costs private sector

  1. #11
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    Quote Originally Posted by gbhxu View Post
    They'd probably tell you to wait until you're evicted before they would help you. Then they'd put you in a B&B out of the area so you wouldn't be their problem anymore.
    Yeah they already said that as well, basically to stay here until the day I get booted out by a bailiff, but I didnt mention it as Nukecad said it earlier.

    I am still hoping to negotiate on the rent, and looking for alternative properties, the good news its considerably cheaper outside the city, LHA is lower as well, but the gap between LHA is lower so is effectively less rent.

    The consequences of moving to something like a shared bathroom, I think would be catastrophic, not only do I have my bath seat and raised toilet seat, but if I were to move somewhere where I couldnt use those things, not only would my life be considerably more difficult, I will also lose PIP come review time, as those are the very things that qualify me for it, so I would still be down circa £200 a month.

    So ultimately I am looking for a cheaper 1 bed flat outside the city. If nothing happens I will just have to accept what they asking me to pay to stay here and apply for a discretionary payment.

  2. #12
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    Ok a couple of updates.

    A section 13(2) "was" issued, it was bundled behind the agreement they asked me to sign.

    I sent my LL another text as when I moved in we got along, and he even handed the keys to me personally, and he agreed to speak t the manager to keep the existing rent, a few days later I got a new agreement in the post at my existing rent, so at least for now I am ok for another year.

  3. #13
    Senior Member nukecad's Avatar
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    That's a great result then.
    Not only no big rent rise, but no rent rise at all. (Maybe you should have asked for a reduction? LOL).

    I know that yours is a slightly strange agency setup, but you often find that the agents are doing their own thing and sometimes the landlord doesn't know what they are doing.

    As in this case - letting agents are paid by and work for landlords, and they should do what the landlord tells then to do (as long as it's legal).
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  4. #14
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    My new tenancy agreement I only got one with their signature photocopied, is that still legally binding?

  5. #15
    Senior Member nukecad's Avatar
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    Yes it's valid.

    You don't need a signature or even need a written TA, a verbal TA is still perfectly valid.
    Of course having a written one make it easier all round, especially to show people like the DWP or council.

    My last private tenancy (10 years) never had a written TA, it just meant that if the DWP, council, etc. wanted proof of the tenancy the landlord provided a letter each time.
    (If the LL won't provide a letter then if you can show you pay rent regularly that should also be enough, but they can be awkward).

    My current Social tenancy was done during lockdown, everything was done online with electronic/photocopied signatures from them and from me, all perfectly legal and binding.
    PS. My electronic signature looks nothing like my real one done with a pen, there again the ones done with a pen are never the same either. LOL.
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  6. #16
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    Well I already know the council wont accept it for housing costs but the guy advised me to send it on email in low res and then they wouldnt notice.

    That led me to ask the question on here if it protects me from any S21 attempts as despite having this agreement signed I have been threatened with S21s again if my father doesnt send photo ID (which they originally didnt ask for and is not in any agreements).

  7. #17
    Senior Member nukecad's Avatar
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    The council are wrong, there again councils often are and in the first instance try to use their own rules rather than what the law says.
    They usually back down when you push.
    It is possible for a legally binding tenancy to be created even if a tenancy agreement was never signed. This is under section 54(2) of the Law of Property Act which provides that, in most cases, so long as the tenant is in occupation and paying rent – a tenancy is created. Whether or not a proper tenancy agreement has been signed.
    The landlord or his agent can issue an s21 at anytime they like, but as you have a fixed term TA then it can't be used to start possession proceedings until the fixed term has ended.

    ie. They can't apply to court for a possession order until any fixed term has ended.

    Even when issued correctly (and s21's are notoriously easy to get wrong) s21's are only valid for 6 months from the date they are issued, so issuing you with one when you have just started a new 12 month fixed term is pretty useless.
    (Historically some agents used to issue a s21 with every tenancy agreement at the start of a new tenancy 'just in case'; and some still do that even though it's invalid for a new tenancy and useless for a renewal tenancy of more than 6 months).

    They can threaten to issue you with a s21 as much as they like, and while they could give you one it's an empty threat because they couldn't act on any s21 that they did issue because you are in a new fixed term. If they do issue one now it will become invalid before the end of your fixed term.
    They know that, but are hoping that you don't. (At least they should know that).

    https://www.nhas.org.uk/news/article...he-dates-right
    a landlord who renews a tenancy for a further fixed term is permitted to give the section 21 notice as soon as that tenancy starts. Yet, unless there is a break clause, the earliest the notice can take effect is at the end of the fixed term.
    where the standard notice period of two months applies, a section 21(1) notice is only effective for six months after it was given. This sets the time limit for the landlord to apply to the court. ‘Given’ means received by the tenant.
    Last edited by nukecad; 12-07-22 at 07:06.
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  8. #18
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    As long as I know its a valid legal document I know its fine.

    The council response was into me submitting it to get the higher LHA rates that were introduced during covid.

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