Need to end tenancy before next rent due on 1st of August 2020

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    Need to end tenancy before next rent due on 1st of August 2020

    Hi daughter and her now ex have been renting a house together from 1st of April 2020 no deposit, all utility bills in landlords name, Council Tax in Landlords name, (but my daughter pays those bills directly to landlord) and there is No written tenancy agreement. So this couple split up 5th July my daughter cannot afford next months rent on her own but feels obliged to gives one months notice. She cannot afford it and I cannot afford to help her. She has paid her rent and bills up to 31st of July and has been living with me since 5th of July. Boyfriend handed his keys to landlord and went on his merry way. I can only get her furniture moved on the 30th July and being ex service family we will ensure the property will be fit to re-let. I just do not know how to advise my daughter. I want her to surrender her tenancy or whatever tenancy she may have, a reference will be of no importance as she has a squeaky clean one from her last proper letting agent. We will ensure that anything owing on the utilities will be paid and will give landlord forwarding address, Should we say she is surrendering her keys on the 31st July( the day before her next rent is due) or just hand the keys back on the 31st of July. So very much need your advice.

    #2
    Please complete & paste https://forums.landlordzone.co.uk/fo...ested-from-new may be-posters

    Your dau may be liable for upto 2 full months rent.

    Comment


      #3
      There's no valid way of unilaterally ending the tenancy before 1st August.

      Without a written tenancy agreement what the terms of the tenancy are would need to be pieced together from whatever was agreed between the couple and the landlord.
      However, taking the simplest option - a periodic tenancy - the notice would be a minimum of a month ending at the end of a rental period.
      Which sounds like the end of August.

      The boyfriend is probably liable for the rent as well as your daughter.

      The tenancy sounds very odd, through, because of the utility bills and the council tax.
      And it's possible the lack of formality will mean that the landlord will simply accept the situation and move on.
      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


        #4
        It sounds like this landlord is a bit iffy to say the least so I doubt he will want to go to court. I suspect he's not paying tax on the income and claiming the single person CT discount. I would be tempted to write to him and say 'as per our agreement at the start of this tenancy that you wished to keep things informal and that I could give a weeks notice, I am leaving on 31 July. Thanks for everything'. Bet he won't sue.

        Comment


          #5
          Indeed as DPT says.

          If he threatens to sue mention you are minded as an honourable citizen to report him to tax man over rental income.

          I 'ates crooks 'n cheats be they Landlord, agent, tenant, MP.

          ​​​​​​
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Thankyou all for your thoughts and advice, I have now managed to ascertain that my daughter was housesitting, and that she knew it was not an 'above board' arrangement as per all the suggestions from your comments. We are going to hand the keys in on the 31st of July with a contact email for him to forward the utility bills that will be owed by my daughter. He has insisted that she should pay a months rent for August but I have insisted that she will not and we shall see what occurs.

            Comment


              #7
              If she was 'house sitting' when did the house owner return,or we need Tenancy duration and dates.

              Comment


                #8
                What does the written house sitting agreement say about notice please? Answers above were assuming it was a normal tenancy
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  I would get your daughter write to the 'landlord' on paper saying she has left the property and has no more liability for utilities/rent and in the absence of a written agreement any correspondence should be forwarded to her parents. Get the free proof of posting at a post office and keep a copy of the letter.

                  That may put him off pursuing the matter as putting things in writing could form a tax evasion query as theartfullodger implies and could be the basis of a court case if needed.



                  Freedom at the point of zero............

                  Comment


                    #10
                    hi everyone, so there was nothing in writing when she started housesitting, she has let slip that the owner stated that no one must know she is actually renting because of the mortgage not allowing private rentals, also the CT and utilities are all in the house owners name, yes the CT was for a single person so I gave up my single person CT allowance by declaring her living back at home (my way of not swindling the system) the only verbal agreement was that she would pay her rent and the utilities monthly. I told her it was soo not above board but they dont listen do they. Anyway the owner said she didn't need a tv license either, but I secretly set one up and paid for that. She is to be honest a frantic mess what with splitting up with her boyfriend. She did ring owner on the 6th of July saying she will have to hand her notice in, but he suggested she found a friend to rent with her, she could not find anyone and she texted him last week saying she will have to leave at the end of the month, no response, texted again where he said she cant leave until the end of august, I am at my wits end TBH, for sure, we are honourable people, I have spent all week cleaning the house to showroom condition, what more can I do. If there had been a tenancy agreement then I would not have broken my back this month moving her out by the end of this month, please just tell me hand the keys in its gonna be ok, he wont want to rock the boat if she just leaves quietly without sharing the not so honest arrangement she has been led into, a beautiful house a reasonable rent but now unable to afford the payments but only able to ensure that the house is perfect for his next house sitter.

                    Comment


                      #11
                      the owner stated that no one must know she is actually renting because of the mortgage not allowing private rentals, also the CT and utilities are all in the house owners name, yes the CT was for a single person
                      He hasn't got a legal leg to stand on.

                      I'd also suggest that she doesn't (have to) pay any futher utillity bills or Council Tax to the LL, they are in his name so are his bills to pay, she has no legal responsibility for them whatsoever.
                      Maybe a moral responsibility, but given the way he has acted I'd have no qualms about forgetting that.


                      Think logically, if she just moves out then what is he going to do about it?

                      He can't dare to do anything other than try to find some other gullible 'housesitter'.

                      No doubt the Local Authority would be very interested in his CT arrangements. (Suggestion for an anonymous report, once she has moved out).
                      He's hardly going to start anything legal and risk the taxman finding that he has been avoiding paying tax on income. (Another suggestion).
                      Or his mortgage company finding that he has been breaking his mortgage terms and risk having the property repossessed , or at least having to change to a more expensive BTL mortgage. (You get the idea).

                      Comment


                        #12
                        Hi thankyou, so much, it is yes a moral issue v legal issue. I realise in this situation, that as my daughter nor I have the finances to be able to morally leave, we have come to the point of now understanding the legal standpoint in this situation. D Day tomorrow, will feed back with any comments from the 'landlord'.

                        Comment


                          #13
                          As has already been said by the guys here, this "landlord" has basically no chance of enforcing anything. Get your belongings and move on at your leisure. I wouldn't even attempt to engage in any conversation to "end the tenancy", as this person would have to prove you had a tenancy to begin with. This is one of the weird situations where the tenant could probably argue a judge into believing they're protected under law, but the landlord will have an uphill struggling arguing the occupant is a tenant and should face penalties for breach of terms.

                          Plus, going to court with no written agreement, no consent to let (presumably), nothing in your name, and I assume no deposit protection, he'd get laughed out, if not slapped with a costs order and potentially penalties.

                          If for any reason this landlord decided to try their luck, inform them that you'd report them to their mortgage provider and ask them to backdate the increased interest (they won't, but he doesn't know that), and to HMRC for undeclared earnings. If he doesn't back off then, there's no sense in him.

                          So my advice; Ignore what they say, move your stuff out, leave the place in a tidy manner (common courtesy), and post the keys through the letterbox and move on. They have nothing on your daughter.

                          Comment


                            #14
                            +1, agree with hybrice.

                            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                            Comment


                              #15
                              Originally posted by theartfullodger View Post
                              +1, agree with hybrice.
                              I also agree Nukecad and Hybrice are spot on.
                              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

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