Hello and welcome to justanswer. In answer to your questions:
1. It's entirely a matter of negotiation between you and your landlord; and
2. Assured tenancies do still exist but in my experience the landlord would be highly unlikely to offer this as most landlords would consider the difficulty of evicting a tenant under this type of tenancy too risky.
Foxton's made it seem as though there was no other option other than 3 years with a fixed inflation increase. Should an increase be capped as they say or do landlords (nice ones who like their tenant) not raise the rent sometimes?
As I say, it's a matter of negotiation. There is no reason why the increase should not be capped - or a fixed rent agreed for 3 years.
The benefit to the landlord is that they will not experience any periods where they're not earning rent throughout that period.
Ok, so I could ask for the rent to be fixed?! Me likey! Is it worth getting a property lawyer to read a contract before signing it? I found it tricky last time not knowing anything about renting. I used to be a home owner before my alcoholic banker husband ruined the good life we had. Now I'm at the mercy of sharks.
I need two bits of information.
1. Are landlords legally required to put smoke alarms in flats and on landings in dwellings with 4 flats?
2. I am so distressed, depressed and anxious about this move my landlord has forced me to make that I sometimes feel like I'm going to have a breakdown. The agents knew when 'I' first found this flat that I wanted to stay for 5 years and as I may have said already they did nothing to help me achieve that. Can I have some kind of law suit against them for the distress and upheaval they have forced upon my son and I?
Hello. In relation to you questions:
1. It depends on whether the property is classified as an HMO (House in Multiple Occupation) i.e. at least 3 tenants live there, forming more than 1 household; and you share toilet, bathroom or kitchen facilities with other tenants). If so, then there is a specific obligation to provide smoke alarms in the rooms and common areas. If not then there is no specific obligation.
2. Claims for stress related injury are very difficult to bring because a. you'd need to prove a specific medical psychiatric injury; b. you'd need to show that this was directly caused by the actions of your landlord; c. you'd need to show that the landlord owed you a duty of care and breached that duty. I suspect this would be very difficult to prove. In particular the landlord would be likely to argue their actions were in the normal course of negotiations and within the law. I suspect it would only be if you could prove some specific acts of harassment (which I note you haven't specifically mentioned) that you could bring a claim.
Could you bring a case against the agents?
Maybe I'm grasping at straws, but when I was taken to see the flat, I specifically said I would like to stay for 5 years. They said no problem. The landlord didn't have a mortgage, blah, blah, blah. I had never rented before and didn't know anything about tenancy agreements. They led me to believe that this would be fine with the landlord. The agent did not advise me to put in an 'option to renew' clause so that I could continue to renew year upon year. When it came time to renew the contract this time, they said the landlord didn't want to renew and they refused to negotiate me staying longer. So they gave me no choice whatsoever. They gave me no reason why I had to move. It think that is extremely unfair to a good tenant.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).