Private renting: landlord asking me release the deposit early I started privately renting a property in 2014. The first year was arranged through a letting agent, to whom I paid the deposit (£810) and fees directly. When I renewed the lease in 2015 the landlord asked me to renew directly with them, rather than going through the agent, which I did and have done every year since then. I recently renewed the lease again for a year. The landlord contacted me yesterday asking me to get in touch with the letting agent to ask them to release the deposit to them so they can hold it under their own account. The deposit is held by a third party called the Deposit Protection Scheme. The landlord is asking that I release the money directly to them, which they will then deposit in the DPS themselves. My questions are: can the landlord ask me to do this? And should they? Is there anyway I can protect myself in this instance?
So just to add some closure, I had a response from the deposit protection scheme and they said I could simply transfer the account between the two parties. I told my landlord of this and they then said they would drop the issue entirely.
If it's not in the lease agreement, then you did not agree to it. Even in the absence of the law prohibiting the late fee, the landlord would not be able to impose it because it is not in the lease. It is of course up to you whether you want to test it. It may be more trouble than it is worth. Then again, it's probably not worth the landlord's trouble to begin eviction proceedings over a late fee. Paying late and refusing to pay the fee would probably sour your relationship with the landlord, which is usually something you want to avoid. If you do pay late at some point, you may want to point out to the landlord the relevant provision of Massachusetts law. The matter would probably end there: either the landlord doesn't know about it, or the landlord is hoping that you don't know about it. Pointing it out in a polite manner will inform the landlord of the law and that you are acquainted with the law. Unless the landlord is quite unreasonable, that should take care of it. Whether there is any law prohibiting landlords from announcing an intention to take a prohibited action is indeed a different question. Is there any legal reason for me to bring this up and get the landlord to formally acknowledge that they will not in fact charge illegal late fees? No. You have a contract with the landlord that already says you are going to move in. He cannot modify that contract simply by sending you a letter.
It is usual for a lease to specify for what purposes and on what notice the landlord is entitled to access. Often there is a provision allowing the landlord access on no notice in an &quot;emergency&quot; which is often not specifically defined. Access for purposes of repair, and for purposes of inspection may be on 24 hours notice, or 48 hours, or some other period, or on &quot;reasonable notice&quot; with no specific period specified. Access for a reasonable purpose (such as inspection) on reasonable notice that does not actually inconvenience the tenant, and that is not demanded with unreasonable frequency will probably not constitute such a breach as to justify ending the tenancy, and may well not justify sizable damages in the absence of other breaches. Much will depend on the wording of the lease or rental agreement, and on the practice of the local courts. One might well ask oneself &quot;what actual harm will an inspection with insufficient notice do me&quot; because a court might ask a similar question if an action is brought. If the inspection does cause a problem, then that should be addressed.
I haven't listened to the podcast, but this is probably referring to the anticipated &quot;Renters Reform Bill&quot;. A white paper was published on 16 June 2022. There is no Bill before Parliament yet, so the mooted changes are quite a long way from happening. (Additionally, the usual political churn may mean that this does not happen at all. The Secretary of State has already changed, and will likely change again once there is a new Prime Minister; political priorities may shift in all sorts of ways; there could be a general election; etc.) One proposal from the government is (section 3.1): We will abolish Section 21 evictions and simplify tenancy structures. To achieve this, we will move all tenants who would previously have had an Assured Tenancy or Assured Shorthold Tenancy onto a single system of periodic tenancies. Tenants will need to provide two months’ notice when leaving a tenancy, ensuring landlords recoup the costs of finding a tenant and avoid lengthy void periods. This will provide greater security for tenants while retaining the important flexibility that privately rented accommodation offers. This will enable tenants to leave poor quality properties without remaining liable for the rent or to move more easily when their circumstances change, for example to take up a new job opportunity. Landlords will only be able to evict a tenant in reasonable circumstances, which will be defined in law, supporting tenants to save with fewer unwanted moves. Currently, tenants on an AST cannot leave their tenancy during the fixed term, unless the tenancy agreement specifically provides for this with a &quot;break clause&quot;. A break clause might say that after six months, the tenant is allowed to terminate the arrangement with one month of notice to the landlord. Or there might be no break clause at all, so that the arrangement can end early only if the landlord and tenant agree (&quot;surrendering the tenancy&quot;). Once the fixed term ends, it can be renewed for another fixed term, or terminated, or else it rolls on to become a &quot;periodic tenancy&quot;, typically month-to-month. The tenant can give notice to quit during this time. The government's proposal seems to amount to having no initial fixed term, but a statutory periodic tenancy from the get-go. As far as timing, the white paper says: We will provide at least six months’ notice of our first implementation date, after which all new tenancies will be periodic and governed by the new rules. Specific timing will depend on when Royal Assent is secured. To avoid a two-tier rental sector, and to make sure landlords and tenants are clear on their rights, all existing tenancies will transition to the new system on a second implementation date. After this point, all tenants will be protected from Section 21 eviction. We will allow at least twelve months between the first and second dates. Again, the Bill has not been introduced to Parliament or even published in draft, so Royal Assent is a long way off.
There is nothing in that contract that says anything about 3 months notice period. The 3 months is the legal default for contracts that do not expire on their own, unlike yours, that has all properties of a limited time contract. I would personally see the detailed description of how you can end this contract as overriding any legal default. But as always, with this specific contract in the original language, you need to see a lawyer to know for sure. Your contract clearly states: you can leave your appartment whenever you want, even before the agreed upon time. If you leave between the 15th and the end of a month, you have to pay for that month in full. If you leave between the 1st and the 14th of the month, you have to pay the fair share of the rent for the days you where there. So for example, on a 30 day month if you lived there for 10 days, you still have to pay a third of the rent and the landlord will return the rest if you paid for the month in advance. If you live there for 16 days, you have to pay for the full month and nothing will be returned if you paid for the month in advance. Please note that you need to &quot;hand over&quot; the vacated rental object during normal business hours. So don't go in there on the evening of the 14th at 16:59. And don't try to &quot;hand it over&quot; when you haven't moved your stuff out yet. At the hand over, you give the keys to the landlord and that is it, it is the last thing you do. Very likely your landlord will want to have a look at the rental object while you are there, so they can make sure it is all in order, you did not damage it or did not leave any of your stuff. Generally speaking, there is nothing your landlord could do to you if you decide to leave early. They cannot make you leave even earlier or any other retaliatory shenanigans you may have heard of in other countries. In Germany, such contracts are not adversarial. You don't need to keep it a secret to the last second. If you know you want to leave on a certain date, inform your land lord, make an appointment for the &quot;hand over&quot; well in advance and save yourself (and them) all the stress from doing things last minute.
You are responsible The “public mains” are the infrastructure owned by the utility (and are the utility’s maintenance problem). From those, to the point where it enters the building (or your unit for a multi-unit building), they are the landlord’s problem. Within your leasehold they are your problem. Notwithstanding, a leaky tap is probably a worn washer which is caught by the “fair wear and tear” clause anyway.
You bought the item following the instructions of the landlords, and they are paying for the item (specifically, reimbursement). So, you were acting as an agent for the landlords, and the item is theirs. Of course, you could withhold it until you get paid (unless your agreement specified otherwise).
When screening potential tenants, what is the proper way to turn them down, and the legal implications if the tenant asks for more details? The "proper" way to turn someone down depends on why you decided to turn him or her down. As long as you did not decline to rent to a tenant because of information you learned in a credit report or commercially available criminal background check, you are not required to notify them. However, it is a good business practice to notify them in writing as Nij's post suggests. However, it would be a good idea to keep a copy of the letter for you records and possibly write down some notes. Such as, "other applicants had higher income," or "could not verify rental history." These kinds notes one the letters you mail out will be you friend should you ever be accused of improper discrimination on the basis of race, gender, religion, etc.. Declining to Rent Based Upon a Credit Check or Commercially Available Background Check: The federal law that governs credit checks and commercially available background checks is the Fair Credit Reporting Act ("FCRA"). The FCRA regulates "consumer reports," which includes credit reports and criminal background checks that are assembled by companies. (The FCRA does not apply if you, yourself, are going to the state police or courthouse to get background check records). Under the FCRA, requires that people who make decisions against someone based on information in a credit or background check, notify that person. The FCRA calls this decision against someone an "adverse action" and requires that you provide the affected party the following information: The name, address and telephone number of the company that supplied the consumer report, including a toll-free telephone number for companies that maintain files nationwide; A statement that the company that supplied the report did not make the decision to take the adverse action and cannot give the specific reasons for it; and A notice of the individual's right to dispute the accuracy or completeness of any information the company furnished, and the consumer's right to a free report from the company upon request within 60 days. The FCRA calls this notice an "Adverse Action Notice." See 15 U.S.C. 1681m. An adverse action notice can be oral, written, or electronic. Obviously, written or electronic would be the best since you can prove that it was sent. Also, be aware that the FCRA has civil penalties if it is violated. The Federal Trade Commission has a helpful guide that lists some of the basics of when you do and do not need to provide adverse action notice. Website: Using Consumer Reports: What Landlords Need to Know Brochure: FTC Facts for Business However, it does not cover criminal background checks, which have many of the same rules as the credit checks under the FCRA.