Friday, September 16, 2011

rogue trader

This morning on my way out, I was greeted by a dude by the building's front door. He was inside, obviously had a key, and looked as if he had business to do. I wished him a good morning and proceeded to make my way through the door, but his question held me back. "Are you living in flat 1?" he asked me.

Indeed I do and I knew what was about to unfold – yet another skirmish in the ongoing battle between the landlord and me. I remind you that my landlord, Kingstar UK, thinks not only that trespassing is legal but also that I should leave my doors unlocked for them when I'm out. I don't agree and I'm ready to fight my case, though verbally it feels much like trying to convince the Pope that God doesn't exist. Facts don't cut it, and I'm not good at screaming sense.

With either party failing to make headway, we're engaged in a standoff that I consider futile for them and acceptable for me. After all, since changing the locks I don't care anymore what their attitude towards trespassing is. They, in turn, have learned to send letters advising me of the presence of an electrician or gas man a few days in the future. That's not the same as asking me for permission – which they are legally bound to do – but it's good enough for me.

Is it also good enough for them? I was wondering that when I opened a big envelope ten days ago that contained a new lease, ready for me to sign. The accompanying letter began thus: "As you are probably aware, your tenancy is due for renewal from 19 September 2011."

As it happened, I wasn't aware of this. What I was aware of is that I signed a six-month lease when I moved in. When that expired, it automatically converted into a periodic tenancy agreement, on unchanged terms and conditions. My tenancy agreement doesn't need renewal. It continues until either of the parties bails out.

I can understand that the landlords wants more money – which is the one change I noticed in the lease compared to the old one. The proposed increase is within my means and within the rental value of the flat. In my limited understanding, rent increases in a periodic tenancy agreement need the agreement of both sides. As I do agree - paying a bit more beats finding another flat - I could just go ahead and sign the damn thing. But I'm on my way out of London, off to greener pastures (though details haven't been sorted out yet), and I'd prefer to stay on periodic tenancy.

Should I just sign the thing anyway and take a gamble? Should I call the agency and remind them of the situation - and encounter irremediable delusion? Should I ignore the new lease and risk being evicted, with a notice period of two months? These thoughts were still going around in my head when I started arguing with the gentleman by my door.

He pointed out that, for emergencies, the landlords needs access to the flat but couldn't quite get my point that an electrical inspection is not an emergency and must be scheduled in advance. (Their problems at scheduling were emphasized by the fact that the person actually doing the inspection - my guy was just an agent - had gone AWOL.) We kept arguing about the locks and privacy and got nowhere. The dude insisted my flat should be open to him. "It's in the contract", he said at some point and when I didn't believe him, he showed me. It was there, black on white. Baffled, I went to work.

Tonight, I couldn't wait to check my lease. The one I was asked to sign did indeed state that the tenant shall "Permit the Landlord or the Landlord's employees or agents to enter the Premises at all reasonable times with or without notice [...]" It could be argued that there are no "reasonable times" to enter my flat without notifying me, but that's beside the point. The point is that my current lease doesn't include the "without" part. There's no way I'm gonna sign the new one.

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