UK Landlord Forum / Life

Hiya,

Our LL provided T&Cs with our first fixed term.
We went on to sign a further two fixed term tenancies with the same LL but for the second and third TA there was no T&Cs provided.

As renewals of FT ASTs are deemed 'new' tenancies in respect of deposit protection, should the T&Cs have been given again with each renewal? Or do the first set of T&Cs still apply?

Many thanks

Anyone?

Patience is a virtue, the information can easily be found on the deposit scheme website too.

You only need the "prescribed information" for "new tenancies" not the T&C's.

Take a look at the website for the scheme your deposit is held in and they will provide you with the information regarding what you should receive.

However, you have admitted you have had the information previously so I can only presume you are being picky, the T&C's only need to be provided once.

Ask your landlord for a copy.

Hi firefly2184

I was referring to the tenancies T&Cs, not the deposit schemes PI. Maybe I should have made my question a little clearer to understand.

My deposit was not protected either, no gas safety, electrical faults and major repairs not completed but that's another story...

I wish to know that is a LL issues a 'new' Fixed term AST to the same tenant do they have to give 'new' T&Cs for the 'new' tenancy? or do the T&Cs from the first AST still apply?

I am sorry I seem to have no patience... maybe I used it all up waiting for my no good LL to actually give a s#@t....

As far as I am aware the superstrike rulings made a 'new' tenancy require new PI to be given - this doesn't apply to me as they never protected in the first place... but I am sure that the judge in the case would be interested in your opinion of being 'picky' when someone is actually just asking for the LAW to be followed.

Many thanks

I don't have T&C's with my AST.

My AST is a full AST, same one each time, are you referring to the obligations from both parties and the allowable/disallowable items eg pets??

I think if your LL is that poorly organised I wouldn't be concerned about T&C's that you have already received once, I would be more concerned regarding the gas safety, electrical faults etc....

Wow what a way to get a response.

I wonder if the Judge would find you impatient, rude, picky and critical?

As the nice Mr Firefly said, look it up yourself if it bothers you that much, it's probably someone else's fault. Or engage the paid service of a legal practitioner well versed in charging you for information you could find out yourself.

Good luck with your time in court I hope you screw every penny based on technicalities out of that horrible landlord.... After all why when you live in the same house, for 3 years, would the Terms implied and agreed on inception ever be considered to cover the total time of your occupation... ridiculous to even ask!.

All the other issues are being dealt with I have issued a letter before action and am just a couple of days away from submitting the court forms.
EHO are also involved.

Yes I was referring to the obligations (named as T&Cs on my first AST)
They were never reissued after the first - do you know if they have to be?

Apologies for my sharpness - I am a model tenant and slightly 'sore' that I  having to do any of this.

I personally issue the same each time..just out of ease.

Legally? I don't know

It's difficult not seeing/knowing what you do have...is it one piece of paper with signatures?

Does it say "as per previously agreed T&C's"??

There could be various ways of doing it...Letting agents don't re-issue T&C's when a 6-month AST becomes a periodic agreement.

It is a legal requirement to do so with the PI for deposit registration but as far as I understand there is no precedent/case where this has been an issue.

Thanks Boboff

Boboff,

That's just damn rude!
I asked a simple question on where I stood re: T&CS of a tenancy, which is not 3 years as you assumed without asking, the ASTs in question were all 6 months the last only starting last month!

I was 'looking it up myself' - hense why I am on an advice forum for tenants!
I was asking ADVICE.

I wouldn't be doing this is my LL gave any care AT ALL about protecting my deposit, my safety and the safety of my young family.

You have just automatically assumed as I am the tenant I must be screwing the LL over - fact is that I am up to date with rent, I have never caused my LL any bother at all, until now, and this is only after I gave him chance after chance for the last 13 months to ensure the house I dutifully pay for is SAFE!

*** MOD EDIT - PLEASE DON'T ASK PEOPLE TO GROW UP BY CALLING THEM NAMES ***

My apologies - I am just annoyed that its ok for him to have a go at me though when I was only seeking advice - I thought this forum was supposed to be friendly and give advice to tenants aswell as LLs  instead of being like this >>>

Quote from: boboff on April 01, 2014, 12:10:50 PM
Wow what a way to get a response.

I wonder if the Judge would find you impatient, rude, picky and critical?

As the nice Mr Firefly said, look it up yourself if it bothers you that much, it's probably someone else's fault. Or engage the paid service of a legal practitioner well versed in charging you for information you could find out yourself.

Good luck with your time in court I hope you screw every penny based on technicalities out of that horrible landlord.... After all why when you live in the same house, for 3 years, would the Terms implied and agreed on inception ever be considered to cover the total time of your occupation... ridiculous to even ask!.

I am sure you are.

I am also sure you join a forum, wait 100 minutes without a reply, bump your thread, get a reply and disagree with it.

You have now taken exception to my witty and irony laden reply in quite a humorless way.

The facts where the Landlord has not met his legal responsibilities he is obviously in the wrong, but there are two sides to every story, and legally, as I alluded to when you initiate a contract with certain terms and conditions, the fact that a "renewal" has taken place would not as far as I am concerned mean these original T&C's could be excluded from the renewal. But I am not fully aware of the facts, you are.

Good luck & stay safe.

Thank you for your answer boboff - that was all I was asking, I just wanted to know if the T&Cs had to be regiven like the PI on deposits.

I never intended to use this just wanted to see where I stood legally on all aspects.

Many thanks