Rouge landlord

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    Rouge landlord

    Hi,

    My partner rents a house out but has a chance to move to a cheaper property.

    She has agreed a date with her new landlord and informed her current one also, 30th April., this was all agreed before the lock down situation.

    Due to the current situation her new landlord is desperately trying to get her new property ready but is having a few set backs, the original date may be extended by a few days or possibly a week.

    My partner is keeping in touch with her current landlord to keep them in the picture and has offered to pay per week if the renovations over run slightly. She is a key worker and still working and is trying to balance this with the move also.

    Her landlord is flatly refusing this scenario and is saying she must pay a full months rent of £800 which will take her up to the 31st May, regardless of the fact she will have long moved out by then and into her new property.

    Her current landlord will not deviate from this position and after some investigation we have discovered the following:

    1 Her current landlord has never secured her deposit.
    2 Has never serviced the boiler or had a gas safety check on it.
    3 Did not give my partner any prescribed information on renting or right to rent.
    4 Has not carried any repairs out to the property, fences have blown down completely, mold in bedrooms, extractor fans stopped working, fitted smoke alarms, even though she has been informed of these.
    5 Has not given her a EPC

    My partner has said to her landlord that she will us her final months rent (April) in replace of the deposit she handed to her, she does not trust her current landlord to repay this back upon leaving the property, her current landlord agreed this reluctantly as i think she knew she was on a sticky wicket with her not securing it.

    Please can you advice us as to where she stands in this current situation.

    Andy

    #2
    Confiscate her rouge. Without that, she will look deathly pale in a mirror, and is sure to co-operate.
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

    Comment


      #3
      Please answer the questions here:
      https://forums.landlordzone.co.uk/fo...om-new-posters

      In particular - What kind of tenancy is it? Is it still within the fixed term?

      Assuming that this is a standard AST that has passed the fixed term then:

      Her current landlord is correct that if she stays even one day beyond her given notice then a new months notice, and a full months rent, is required by law.
      In effect she has already given another months notice by saying that she will be overstaying her current notice.

      A tenants notice (once out of the fixed term) must be at least a month, and must end on the last day of a rental period.
      (If she had not told the LL before the end of April that she would be over-staying then she would have been liable until the end of June).

      The tenant and landlord can negotiate any shorter notice that is acceptable to both, and she has a bargaining chip here.

      The LL not protecting the deposit means that she can claim up to 3x the deposit amount (plus the deposit itself) as a penalty for that non protection.

      So she can say that unless she is allowed to leave before the month is up, and unless the LL returns her full deposit, then she will claim for that 3x penalty.
      (Be aware that even if the LL agrees to let her leave early and returns the full deposit then she can still make that claim anyway, no matter what has been said/agreed).

      If the LL still refuses then she can simply move out although she will stil be liable for rent until the end of May, and then claim the deposit back plus the 3x penalty.

      The rest of your points are irrelevant unless the LL is trying to evict.

      Comment


        #4
        Assuming your partner's notice was valid, it cannot be rescinded or changed - without the landlord's agreement, which may have terms associated with it, like the rent amount.

        If your partner remains after the notice expires, they are "holding over" and are liable to compensate the landlord for their failure to move - a notion called mesne profit.

        However, the landlord has a weak position, because of the number of things they've got wrong themselves, particularly related to the deposit.

        If your partner pays the weeks rent and moves out a week later, in reality I don't think the landlord can do anything.
        They'll probably try and use the deposit for the "missing" rent, and will give up that notion when they realise what a mess they've made for themselves.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Originally posted by JK0 View Post
          Confiscate her rouge. Without that, she will look deathly pale in a mirror, and is sure to co-operate.
          Sorry about that, i have dyslexia and my spell checker does not always pick up my mistakes, glad my mistake made you laugh.

          Comment


            #6
            Is your partner on a periodic tenancy? If so, has she served a written notice to quit?

            Comment

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