Landlord planning to demolish property

[pooky2483]

Re: Landlord planning to demolish property

Is this a case where the LA has entered into a contract with the Landlord to provide him with tenants for (say) 5 years? In these situations the LA claims the rent from the Tenant and pays the Landlord a pre-agreed amount which may be less then the rent the Tenant pays. These contracts exist so that the property owner is guaranteed rent 52 weeks a year even if the LA fails to find a Tenant for the property and there's a void.

When we first signed the contract, the lenght of time was set at 24 months (2 years) and then the next time we signed the contract again, it was another 24 months. We did ask if it could be for longer and they said that 24 months is the longest they can do. BUT, I know for a FACT that there is NO maximum length of a tennancy.

In which case the LA may be responsible for the repairs (unsurprisingly it's called a 'repairing lease'). I don't know if this is the case with you but it's worth exploring. I'll PM you my email address but I will not have time to look at your tenancy agreement before Christmas which isn't a problem since you're waiting for a response from the Agent about the timescale of the demolition first.

I'm not sure about that , but, if we wanted to leave early, we would have to sign a form requesting early release, at a cost of about £280. Which is to pay for advertising the property, a kind of penalty to us for leaving early, and we have to continue paying rent for the property either until the official end of the contract Or until someone else rents the property.

Could you post up details about how you entered into this tenancy. Did you respond to an advertisement in the local paper, did you pop into a random agent's office looking for it etc? I'd like to understand where the LA comes into the picture.

We found them on the internet and saw the property advertised on their web site.

[PlanB]

Re: Landlord planning to demolish property

When we first signed the contract, the lenght of time was set at 24 months (2 years) and then the next time we signed the contract again, it was another 24 months. We did ask if it could be for longer and they said that 24 months is the longest they can do. BUT, I know for a FACT that there is NO maximum length of a tenancy.

The maximum length of an AST is 36 months. After that it becomes a lease which is a whole different legal scenario.

There is no limit to the length of stay as a statutory periodic tenant once the initial fixed term of an AST has ended. I have one Tenant into their sixth year.

[PlanB]

Re: Landlord planning to demolish property

We found them on the internet and saw the property advertised on their web site.

Which website? The Agent's website or the LA's website?

[pooky2483]

Re: Landlord planning to demolish property

Which website? The Agent's website or the LA's website?

The LA's website

[pooky2483]

Re: Landlord planning to demolish property

The maximum length of an AST is 36 months. After that it becomes a lease which is a whole different legal scenario.

There is no limit to the length of stay as a statutory periodic tenant once the initial fixed term of an AST has ended. I have one Tenant into their sixth year.

Where does it say that as what I read somewhere, can't remember which document it was?

[PlanB]

Re: Landlord planning to demolish property

if we wanted to leave early, we would have to sign a form requesting early release, at a cost of about £280. Which is to pay for advertising the property, a kind of penalty to us for leaving early, and we have to continue paying rent for the property either until the official end of the contract Or until someone else rents the property.

I'm afraid that's perfectly legal and normal. Once you sign a tenancy agreement you are legally obliged to pay the rent until the end of the contract. No arguing. If you want to go early the Landlord has no obligation to release you from your financial obligation. Most will charge you a fee (not a penalty) for the actual cost of re-letting such as the agent's fees for marketing and drawing up a new AST for the next tenant etc.

I know it may seem harsh to the Tenant but being a Landlord is a business just like any other business and we have to put food on the table just like everyone else, not to mention pay colossal mortgages at the end of each month. The real target of my hatred is the agents who treat tenants like subhuman beings to line their own pockets. Everything they do is based on commission and/or bonuses so they're motivated to rip people off whenever they can.

[pooky2483]

Re: Landlord planning to demolish property

Got a reply back but it's basically a brush-off with no answers.

[PlanB]

Re: Landlord planning to demolish property

Well you didn't write them a formal letter (like I suggested) you made a casual phone call so you're going to get a casual answer. Nevertheless that letter does seem to say that the project is in its infancy and there are no plans to demolish the property you are living in for years.

If you like the place why not ask them to renew your tenancy for another 12 months from March. Every year longer you stay will be another year's use of the carpet and wallpaper you funded.

Sorry to see you're about to get another one of those intrusive inspections next month. Time to get a bigger more scary dog so the agent won't want to stay too long this time

[pooky2483]

Re: Landlord planning to demolish property

Well you didn't write them a formal letter (like I suggested) you made a casual phone call so you're going to get a casual answer. Nevertheless that letter does seem to say that the project is in its infancy and there are no plans to demolish the property you are living in for years.

I did write them a letter but they phoned me in relation to another matter which they touched on in their letter back to me.
I wrote;

I am very surprised to discover our landlord has plans to demolish the property we are currently renting, The Bungalow, Bradley Street. We only found our by means of a council 'Public Notice' on the lamp post outside the property. You, IMS have even said that Mr *** is happy with us as tenants and then we find out about this bombshell.


We feel we have helped improve the value of the property as we have invested quite a large sum of money into improving the property, by way of carpet throughout, wallpapered and we were in the process of renovating the kitchen.


We would like to know Mr ***** proposed time-scale on the demolition of the bungalow and the building of the two new dwellings and what is to happen to our tenancy as it is due expire on 2nd March 2014, are we expected to vacate the premises on the final day of the tenancy. We would like to know by 2nd January 2014.


URGENT
IMS
YOUR REF *******
MY REF **************
DATE 20 Dec 2013

THEY phoned me to verbally tell me what the LL's plans were, I told them I want it in writing.

[PlanB]

Re: Landlord planning to demolish property

If you don't have the address then perhaps with your letter to the LA when you say 24 months is unacceptable and could you please now be furnished with your LL address within 21 days as is your right under section (whatevere it is) of the Landlord and Tenant Act 1985

^^^^ It's section 48 of the Landlord and Tenant Act 1987 which states that the Landlord must give an address for service but it doesn't have to be the Landlord's own personal home address it can be an agent's address as in Pooky's case.

It's also worth knowing that if no address is given then the Landlord can't charge the Tenant any rent

http://www.legislation.gov.uk/ukpga/1987/31/section/48

[PlanB]

Re: Landlord planning to demolish property

I did write them a letter but they phoned me in relation to another matter which they touched on in their letter back to me. I wrote;.

Now how was I suppose to know that if you didn't post it on the thread. I'm not psychic especially when the agent's letter referred to your phone call to them on Christmas Eve.

Seriously I think the ball is in your court now. If you feel unsettled by all of this talk of bulldozers then you are free to leave on March 2nd, but I'm not sure how you can go about getting reimbursed for the money you've already spent on carpet and wallpaper if a refund when you leave wasn't pre-agreed in writing. From what you say you simply asked for permission to change things.

But if you've nested and you like living in the house (subject to a broken fence panel) then ask the agent for another 24 months' AST so you can feel secure. This time around you could negotiate a clause specifically stating a refund of the expenses you've paid to refurbish the property allowing for wear and tear during your stay. Have you got receipts for the carpet and wallpaper?

[pooky2483]

Re: Landlord planning to demolish property

Receipts, yes as it was bought on credit from SCS. Got proof for the wallpaper too.
We were going to stay, that's why we bought the carpet but since the LL is reluctant to commence repairs and didn't want to tell us about his plans to demolish the property, we have decided to leave. We are on the Councils Housing list and we know it will take some time to find a property we like so we are not going to sign, we will be on a rolling month contract so when we do find a new property, we can just give notice and leave.

We would like something in way of a reimbursement if possible, also would like to know what we can do regards the length of time taken to (not) get repairs done? Surely he's breaching the tenancy agreement in some way.

[pooky2483]

Re: Landlord planning to demolish property

How long is a reasonable length of time to commence repairs?
We notified the LA of the damage to the rear gates caused by the wind on 5th December?
It took them over 2 weeks to arrange for someone to just come round and look at what needed doing then report back to the LA so they can send the quote to the LL. We have not heard anything back as yet!
We did tell them that we would be away for Christmas and the property would be left unsecured if the gates were not fixed by then, they're still not fixed.

He's reluctant to do anything to the property as he intends to demolish the property as it would involve spending money and he doesn't want to 'waste' money on something that's going to be demolished - would you?

[PlanB]

Re: Landlord planning to demolish property

He's reluctant to do anything to the property as he intends to demolish the property as it would involve spending money and he doesn't want to 'waste' money on something that's going to be demolished - would you?

Yes I would, because any money spent on repairs is offset against tax due on the rent so in effect it's not costing him anything. He buys a fence panel or he pays the same amount of money to HMRC. He simply choses which way he prefers to waste his money

I'll PM you my email address so you can send me a copy of your AST. It won't be stored on my computer once I've read it so no DPA problems for any of us If you want to blank out your name that's fine by me because I only want to check exactly who is responsible for these repairs. It could be the Landlord or the LA. I already know your Landlord's name because that's on the council website with his planning application so it's in the public domain.

[PlanB]

Re: Landlord planning to demolish property

I've received your PM, your PDF and your AST

I'll take a good look at it to see what can be done to get the place fixed up and for some way to see if you can recover your investment in the carpet etc. For example do you have any photos of what the carpet looked like when you moved in? Was it in bad condition so it needed replacing