The new Private Residential Tenancy


#1

From the 1st December 2017, all new tenancies in the private rented sector became Private Residential Tenancies.

Have you started one of the new tenancy agreements? Have you seen any differences? Have you had any problems? Is it better than your old tenancy agreement? Share your thoughts…


#2

#3

I took on a tenancy with a letting agent this summer. They also got me to sign a ‘pro-forma’ which basically said if I moved out before 12 months they would withhold my deposit. This didn’t sit right with me at the time but this being my first experience I didn’t want to rock the boat and signed the agreement. After a bit of research I am wondering if that is even legal? Seems to me one of the major changes was that there would be no ‘minimum term’ for tenants, but letting agents may have found a way around this already.


#4

As far as I’m aware they cannot do this under new legislation. So long as you provide 28 days notice in writing they can threaten with any legal action however, this will be more detrimental to them.


#5

I have moved into a new property on the 28/09/2018 and the estate agent has proven to consistently lie and promise repairs I felt were essential which they have not followed up on. I have had to find new accommodation and have felt safe in the knowledge that 28 days is the maximum notice I am required to give.


#6

Hi and welcome to the forum djog/Rjmac.

Absolutely right Rjmac - you can leave property with 28 days notice at any point. The only way the tenant notice period can be amended is AFTER the tenancy agreement is signed and you cannot be coerced into this - only if you agree to change the notice period.

Deposit should be registered with a deposit scheme within 30 working days of start date. Once tenancy ended, either by you or landlord giving correct notice - the deposit is released by the scheme.

There is also a new code of practice (set of written rules) for letting agents to follow which by the sounds of it would be pertinent to both your situations.

Have you been dealing with the agency in writing so far Rjmac? Be interesting to look at the"pro-forma" they gave you djog - not sure how this would comply with the new code?


#7

They didn’t give me a copy of that one, I suppose that says it all. It just looked like a document that they had typed up themselves. Worried I signed away my right to the 28 days notice! Hoping that if it came to it the deposit company could rule in my favour.


#8

The key thing Djog is that if that they can only ask you to agree to change your notice period after you have signed the original tenancy agreement. Here’s some info on tenancy deposits

I’m looking to speak to a few people who have moved into a private let after 1st Dec 2017. If you know anyone who might be willing then get in touch: James_Mullaney@shelter.org.uk