Private Renting Advice Needed (2 Viewers)

shmmeee · Jul 16, 2019

Been renting privately for just over a year. Originally on a six month tenancy then I signed a year one 1st Dec 2018.

Had an inspection from the agent where I was told it was the cleanest house they’d seen and my landlord lives next door and though we rarely speak there’s been no problems AFAIK.

Got an email from the agent today with “the updated Form 6a attached”. Form 6a is the notice to evict form. Naturally I freaked out and rang the agent who was very blasé about it all saying “oh it’s just a formality in case the landlord wants to sell in the future or whatever, nothing to worry about you aren’t being kicked out. We do this every six months”

I’ve never heard of this before and it sounds dodgy as hell. Has anyone else heard of this or anyone know why they’d do it? Seems like a way of trying to get around my rights as a tenant, but I’m happy in the house and as far as I know no issues. What should I do? I’m scared of rocking the boat in case they decide to fuck me off. Help?

Grendel · Jul 16, 2019

It’s a notice of eviction which technically means you can be evicted in 8 weeks

shmmeee · Jul 16, 2019

Grendel said:
It’s a notice of eviction which technically means you can be evicted in 8 weeks

Yeah I’m aware of that. Like I say it’s the way the agent played it as no biggie that’s thrown me off.

It’s invalid anyway as they’ve fucked the dates up on it. But doesn’t bode well for a healthy tenant/landlord relationship.

Grendel · Jul 16, 2019

shmmeee said:
Yeah I’m aware of that. Like I say it’s the way the agent played it as no biggie that’s thrown me off.

It’s invalid anyway as they’ve fucked the dates up on it. But doesn’t bode well for a healthy tenant/landlord relationship.

It’s a bit strange to issue a formal notice - the cynic in me thinks that they are trying to hedge their bets here by issuing it as a means of seeing if they can find other tenants who can pay more. I do have friends who I worked with who rent and I’m seeing them tomorrow. I’ll ask but I don’t think this is normal - why issue the formal notice if there is zero intent to act?

shmmeee · Jul 16, 2019

Grendel said:
It’s a bit strange to issue a formal notice - the cynic in me thinks that they are trying to hedge their bets here by issuing it as a means of seeing if they can find other tenants who can pay more. I do have friends who I worked with who rent and I’m seeing them tomorrow. I’ll ask but I don’t think this is normal - why issue the formal notice if there is zero intent to act?

Cheers. Appreciate the advice

hill83 · Jul 16, 2019

shmmeee said:
where I was told it was the cleanest house they’d seen

“the bloke that runs the thing comes over and said - Oi no professionals. I said I'm not a professional. He said - you're not a profesional? I said - No, he said - well you should be, if I was you I'd take up cleaning full time, and if you clean like that you'd probably be the best in the country! I said - I'm not interested I'm making shit loads out of computers”

chiefdave · Jul 16, 2019

Never had anything like that in any of the places I've rented. Normally get them trying to pressure you into a new contract every 6 months so they can charge you fees but I've always ignored that as you don't need one legally.

Sick Boy · Jul 16, 2019

Grendel said:
It’s a bit strange to issue a formal notice - the cynic in me thinks that they are trying to hedge their bets here by issuing it as a means of seeing if they can find other tenants who can pay more. I do have friends who I worked with who rent and I’m seeing them tomorrow. I’ll ask but I don’t think this is normal - why issue the formal notice if there is zero intent to act?

Yeah it’s not normal in any way at all and there will be more to it, unfortunately.

SAJ · Jul 16, 2019

Think it might be worth contacting citizens advice. The law changed on this on 1st June I think and this is one of the things they can’t do. Not 100% on this but I also believe if they break the new rules you can take them to court for compensation. Might be worth a call to CAB.

Houchens Head · Jul 16, 2019

This any help?
https://assets.publishing.service.g...achment_data/file/805537/Notes_to_Form_6A.pdf

Grendel · Jul 16, 2019

SAJ said:
Think it might be worth contacting citizens advice. The law changed on this on 1st June I think and this is one of the things they can’t do. Not 100% on this but I also believe if they break the new rules you can take them to court for compensation. Might be worth a call to CAB.

This isn’t a breach of regulations

shmmeee · Jul 16, 2019

Got this reply to my email asking for confirmation I wasn’t being evicted as I thought I should get it in writing. None the wiser.

I can honestly say that it is simply a form that we have to renew every 6 months I promise!

I have spent the entire second half of the day updating these... for most properties we let.

I have only seen 6a’s used in our company to evict tenants who are in arrears.

I can certainly tell you that I have had no indication from any of my colleagues or that the Landlord is unhappy in any way.

If you look through your previous paperwork when you moved in you will have a copy that I gave you then.

I am sorry if you feel upset by this but it is a legal document that is recognised by the government and a procedure that has to be kept up to date.

Again, I promise we are not trying to evict you

All very strange.

hill83 said:
“the bloke that runs the thing comes over and said - Oi no professionals. I said I'm not a professional. He said - you're not a profesional? I said - No, he said - well you should be, if I was you I'd take up cleaning full time, and if you clean like that you'd probably be the best in the country! I said - I'm not interested I'm making shit loads out of computers”

Hahahaha you twat. Was just pointing out that they’d hardly made out I was a shit tenant.

shmmeee · Jul 16, 2019

Grendel said:
This isn’t a breach of regulations

I doubt they’re breaching anything, just playing the system a bit.

Grendel · Jul 16, 2019

shmmeee said:
I doubt they’re breaching anything, just playing the system a bit.

I think that’s probably it but there is certainly no requirement to issue tenants with this it’s a bit strange especially as it’s a one year tenancy

Mild-Mannered Janitor · Jul 16, 2019

What’s the agency?

Mild-Mannered Janitor · Jul 16, 2019

I suspect it’s being used to protect the landlord and give them the rights to evict or to issue a new 6 month AST, not sure if the agency will then charge you a fee for having a new AST, could be a clever way for them to pick up money they lot on extorting tenants on financial checks and vetting previously.
Ask the question then if not kicking out, will you be issued with a new AST?

And worst case, I’ve a spare room, will have to check with the wife though :emoji_older_woman:

chiefdave · Jul 16, 2019

shmmeee said:
I doubt they’re breaching anything, just playing the system a bit.

Something doesn't seem right here. I've never had this happen, never heard of it happening and can find nothing online from either a landlord or tenants perspective suggesting it is a precautionary measure.

I'd be looking for somewhere else to live. Can do without the stress of worrying if you're going to get kicked out for no reason.

shmmeee · Jul 17, 2019

Thing is the house is a good deal and more importantly near a good school and my daughter goes to secondary in a couple of years so I’m loathe to give it up.

Does seem dodgy though, none of the landlords I know have heard of it and as chiefdave says I don’t like living without the security.

Mild-Mannered Janitor said:
What’s the agency?

I’d rather not say. They’re a small one though not one of the chains.

SBAndy · Jul 17, 2019

Sounds like this is in preparation for Section 21 being actioned, or the agent is just chancing it and taking a fee from the landlord for doing so. I’d recommend speaking to the landlord as soon as you can to understand his intentions. Just explain that it wouldn’t be ideal for you but you’d rather know what to expect. It may well be that he doesn’t even know about this form not being a requirement to renew, in which case the agent is probably having £100 a time per property he has with them.

chiefdave · Jul 17, 2019

shmmeee said:
Thing is the house is a good deal

That rings more alarm bells for me. Could be they're planning to move you to not such a good deal when the AST expires and have this ready in case you don't agree to it. They then have everything linked up to boot you out and get someone in who will pay it.

Ricketts · Jul 17, 2019

shmmeee said:
Thing is the house is a good deal and more importantly near a good school and my daughter goes to secondary in a couple of years so I’m loathe to give it up.

Does seem dodgy though, none of the landlords I know have heard of it and as chiefdave says I don’t like living without the security.

I’d rather not say. They’re a small one though not one of the chains.

If it's Bluewood I had a lot of problems with them. (I am a landlord). Some of the charges and costs and admin fees they were charging my tenants was staggering. I had no idea. I was paying fees so I assumed my tenants wouldnt have to.

They were getting double whammy.

If you live next door to your landlord why not deal with him directly?

Mild-Mannered Janitor · Jul 17, 2019

Definitely try to have a conversation with the landlord, always better and say how much you like the house, neighborhood, and wouldn't want to leave and wasn't sure about being issued the s21 (6) and were they looking to move you on, were they aware as keen to stay etc

Mcbean · Jul 17, 2019

I think mmj is spot on - change in the law coming so documents in Play could be still valid - Martin money tips also a good website fir advice in just about anything - also your house insurance ( property not building) sometimes has a free legal helpline

shmmeee · Jul 17, 2019

Mild-Mannered Janitor said:
Definitely try to have a conversation with the landlord, always better and say how much you like the house, neighborhood, and wouldn't want to leave and wasn't sure about being issued the s21 (6) and were they looking to move you on, were they aware as keen to stay etc

Yeah I think I’ll pop over in the next couple of days and have a word.

Got another email from the last persons boss basically saying I’m being silly because I’m not in the property industry (lol I do work in the property industry) and it’s nothing to worry about “just one of those stupid things government requires”

Can’t be jarred picking a fight with them who are either stupid or malicious. Will go straight to the landlord.

Nick · Jul 17, 2019

Two foot the landlord next door as he walks out of his house? Then if he wants some more, two foot the agent.

shmmeee · Jul 17, 2019

Nick said:
Two foot the landlord next door as he walks out of his house? Then if he wants some more, two foot the agent.

Cheers mate. Been waiting for you to chip in. Getting my studs on now.

Nick · Jul 17, 2019

shmmeee said:
Cheers mate. Been waiting for you to chip in. Getting my studs on now.

Have no knowledge about rental laws but if you want stuff sorting.

Get your daughter to overkick a pass to you and make it look like you were going for the ball as well.

On a serious note, you could go secret spy and ring a couple of agencies pretending to be a landlord who needs an agency to work with and ask if they do the same thing

Grendel · Jul 17, 2019

Mild-Mannered Janitor said:
I suspect it’s being used to protect the landlord and give them the rights to evict or to issue a new 6 month AST, not sure if the agency will then charge you a fee for having a new AST, could be a clever way for them to pick up money they lot on extorting tenants on financial checks and vetting previously.
Ask the question then if not kicking out, will you be issued with a new AST?

And worst case, I’ve a spare room, will have to check with the wife though :emoji_older_woman:

This is definitely what’s happening here

Mild-Mannered Janitor · Jul 17, 2019

shmmeee said:
Yeah I think I’ll pop over in the next couple of days and have a word.

Got another email from the last persons boss basically saying I’m being silly because I’m not in the property industry (lol I do work in the property industry) and it’s nothing to worry about “just one of those stupid things government requires”
Can’t be jarred picking a fight with them who are either stupid or malicious. Will go straight to the landlord.

Thats a fucking lie, my wife has to deal with my step daughter's father who is sadly in a care home early now who has a property that is rented out to help pay for his care and the agent on that is not issuing such terms

This is BS to extort fees from the Landlord or you on admin tasks not necessary unless the landlord is really worried about his portfolio and at any stage wants to realise the cash by selling or if they don't have good tenants but that creates void periods which gives them less revenue.

Get the scones and a pot of tea and have your daughter round who waxes lyrical about how lovely the house is and how safe the area is and looking forward to secondary school with the landlord in the house sipping that tea

Nick · Jul 17, 2019

Mild-Mannered Janitor said:
Get the scones and a pot of tea and have your daughter round who waxes lyrical about how lovely the house is and how safe the area is and looking forward to secondary school with the landlord in the house sipping that tea

Then can he 2 foot him?

shmmeee · Jul 17, 2019

Nick said:
Then can he 2 foot him?

Think the landlord is the ref in this situation. Two foot the agent then act all innocent to the landlord.

Mild-Mannered Janitor · Jul 17, 2019

Nick said:
Then can he 2 foot him?

or her :emoji_older_woman:

Alan Dugdales Moustache · Jul 19, 2019

A section 21 is a standard notice if a landlord wishes to take possession of the property back from the tenant. It is activated only because the landlord wants it done. It is not something that needs to be activated as a matter of course by a letting agent every 6 months or so. You usually have two months to leave corresponding to the date your tenancy commenced , so if you took out a tenancy on 15 march , the section 21 will be issued dated 15 of , for example December and you will have to leave on 15 February.
If a tenant refuses to leave after this time the landlord can take court action , but needs to show the validity of the section 21 notice.
Most tenants sign a 6 month tenancy initially, which then becomes a rolling tenancy thereafter. It's unusual for this kind of notice to be served unless the landlord has requested it, because it creates unnecessary stress. They should never need to send these out every 6 months. Speak to the landlord directly. If he says he has no desire to evict you ask him to get the agent to remove the section 21 and write to you confirming that your tenancy is secure. You should not have to sign a new tenancy after 6 months if you have signed a shorthold tenancy at the outset. I am a landlord and I know the rules. P.M. me if you need any more help on this, shmmee.

shmmeee · Jul 19, 2019

Cheers for all the advice guys. Seems pretty cut and dried so gonna talk to the landlord and if they say they haven’t asked for it I’ll be informing the agent they’ve got something wrong and to change their practices. The patronising tone from the second email has really got my back up so just trying to draft something that has a little less snark in it now

Alan Dugdales Moustache · Jul 19, 2019

shmmeee said:
Cheers for all the advice guys. Seems pretty cut and dried so gonna talk to the landlord and if they say they haven’t asked for it I’ll be informing the agent they’ve got something wrong and to change their practices. The patronising tone from the second email has really got my back up so just trying to draft something that has a little less snark in it now

I May be a little rusty on this serving of notice but I had to do it 3 years ago on a tenant. The agent handed it to her in the office when she popped in. . Not valid. It had to be left at the property addressed to those on the tenancy and wouldn't have stood up in court. I'm not sure emails would stand up as being served correctly but the rules may have changed.
This is all nonsense. Sounds like the agent is making money off the landlord to recoup the losses they make now they can't change tenants for set up fees.

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