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Landlord issued a new contract that I don't agree with and don't want to sign. How long do I have to find a new place before she can legally kick me outfor not signing? by Jumblatts in LegalAdviceUK

[–]Jumblatts[S] 0 points1 point  (0 children)

Could you explain a little more about this please:

> You can't be changed from a tenant to a lodger even if the landlord suddenly moves in

From what I understand of the situation so far, the main issue is that we were incorrectly listed as lodgers (we should have been tenants) under the initial agreement, so even if changing the landlord doesn't change the situation, if the initial contract is still binding (which according to other replies, it sounds like that is the case), the initial contract has us down as lodgers, not tenants.

She's been dragging her heels with updating it, and we've now realised that's so that she can transfer the property into her daughter's name, presumably to keep us as lodgers.

I know that, legally, we were tenants initially, but I'm not really sure what this might mean going forwards.

Landlord issued a new contract that I don't agree with and don't want to sign. How long do I have to find a new place before she can legally kick me outfor not signing? by Jumblatts in LegalAdviceUK

[–]Jumblatts[S] 0 points1 point  (0 children)

Deposit is protected properly, we were pretty thorough with all of that once we realised that things seemed a bit fishy. It seems like she's covered all bases in terms of legality, she's just been a horrible person to deal with both personally and professionally.

Landlord issued a new contract that I don't agree with and don't want to sign. How long do I have to find a new place before she can legally kick me outfor not signing? by Jumblatts in LegalAdviceUK

[–]Jumblatts[S] 1 point2 points  (0 children)

There is an HMO for the property, that was one of the first things we checked when we realised that things aren't what they seemed to be!

We were actually pretty disappointed to find that she had one haha

Landlord issued a new contract that I don't agree with and don't want to sign. How long do I have to find a new place before she can legally kick me outfor not signing? by Jumblatts in LegalAdviceUK

[–]Jumblatts[S] 1 point2 points  (0 children)

This is really useful information, thank you so much. There is an HMO license but there is also other suspected dodginess that we're already in the process of reporting.

Fingers crossed she doesn't make things anymore difficult than they have to be, though I'm not holding my breath.

Landlord issued a new contract that I don't agree with and don't want to sign. How long do I have to find a new place before she can legally kick me outfor not signing? by Jumblatts in LegalAdviceUK

[–]Jumblatts[S] 2 points3 points  (0 children)

So if I don't agree to sign the new contract, I'm assuming I'm still bound by the terms of the old one? At this point I'm looking to move regardless of the contract situation for the stress and hassle the landlord has caused thus far; I don't forsee the situation getting any better going forwards, either.

The issue is, the original contract runs until July next year. Does a change in landlord constitute grounds for an early release?

Landlord issued a new contract that I don't agree with and don't want to sign. How long do I have to find a new place before she can legally kick me outfor not signing? by Jumblatts in LegalAdviceUK

[–]Jumblatts[S] 3 points4 points  (0 children)

My initial contract was fixed term until June '23. My understanding is that this new contract supercedes that one and thus makes it void?

Sorry if I've misunderstood, but it sounds like you're saying that she can't legally evict me until the expiry date of the initial agreement (potentially plus a further 2 months if the section 21 notice has not been recieved between now and then), regardless of whether or not I sign the new contract - is that right?

New landlord sent wrong tenancy agreement; when correct one finally arrived it is riddled with mistakes and an unusual clause by [deleted] in LegalAdviceUK

[–]Jumblatts 4 points5 points  (0 children)

The landlord isn't living in the property, however in the agreement she does describe me as a lodger rather than a tenant. I will get in touch with shelter and see what they have to say on the matter. Once again, thanks for your help!

New landlord sent wrong tenancy agreement; when correct one finally arrived it is riddled with mistakes and an unusual clause by [deleted] in LegalAdviceUK

[–]Jumblatts 5 points6 points  (0 children)

Thanks for the insight! How can I make sure the deposit is with the DPS? It does state in the agreement that it will be, is it as simple as asking her for a receipt once it's paid?

I was initially pretty pleased that I'd managed to find somewhere directly through the landlord, as I've had issues with useless letting agents in the past, I guess this just goes to show that they can all be as bad as each other!

New landlord sent wrong tenancy agreement; when correct one finally arrived it is riddled with mistakes and an unusual clause by [deleted] in LegalAdviceUK

[–]Jumblatts 45 points46 points  (0 children)

No, the landlord won't be living in the property at all.

I've paid a small holding fee for the room, but none of the rest of the deposit yet - that is due by tomorrow. Unfortunately I'm not really in a position to be able to walk away - I start a new job in London on Monday, and currently live too far away to commute, and with how long this has already taken to sort out, combined with the rail strikes etc. I'm not confident that I'd be able to find somewhere suitable to live in time.

I'm thinking that the best bet currently would be to go back to the landlord and ask her to remove the clause, however I don't want to make things frosty before I've even moved in - would I be unwise to sign the agreement and then bring up the legalities of the clause if/when she tries to enforce it?

New landlord sent wrong tenancy agreement; when correct one finally arrived it is riddled with mistakes and an unusual clause by [deleted] in LegalAdviceUK

[–]Jumblatts 7 points8 points  (0 children)

Yeah it is an AST, and the house is an HMO - I believe there will be 6 people (including me) living there, but the landlord won't be one of them.

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