No Fault Eviction

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  • MdeB
    replied
    Originally posted by bobthebuilder2 View Post
    1. youve been given notice, you do not have to give them a months notice before you leave. but do time it so you leave without having just paid a full months rent
    S21 notice does not end the tenancy.

    Rent is due until the tenancy is properly ended.

    Leave a comment:


  • MdeB
    replied
    Originally posted by Gdunwell View Post

    Agency were aware, it's been impossible to contact LL since we moved in
    Originally posted by Gdunwell View Post
    Agency has also said we can take oven and hob with us as they are ours and the old ones needed replacing anyway (once again patched up after a lgas eak was detected on last gas check) but we will likely leave them anyway as the cost of getting them professionally removed and refitted outweighs the benefits.
    It sees to me that you are dealing with a reasonable agent.

    I suggest that you talk to them about it.

    Leave a comment:


  • AndrewDod
    replied
    Originally posted by jpucng62 View Post

    This is not my understanding - perhaps others can clarify. I thought you had to give your usual notice if you were leaving before the end of the LLs notice period.
    Next time my tenants give notice I'll try to kick them out three weeks early instead. Makes sense.
    Someone pays for all these jokers.

    Leave a comment:


  • jpucng62
    replied
    Originally posted by bobthebuilder2 View Post
    1. youve been given notice, you do not have to give them a months notice before you leave. but do time it so you leave without having just paid a full months rent eg leave on 31st if rent is due on the 1st. trying to claim rent back is a pain and they will do their best to screw you out of as much money as possible.
    This is not my understanding - perhaps others can clarify. I thought you had to give your usual notice if you were leaving before the end of the LLs notice period.

    Leave a comment:


  • bobthebuilder2
    replied
    1. youve been given notice, you do not have to give them a months notice before you leave. but do time it so you leave without having just paid a full months rent eg leave on 31st if rent is due on the 1st. trying to claim rent back is a pain and they will do their best to screw you out of as much money as possible.

    Leave a comment:


  • jpucng62
    replied
    Not having a rent increase for 7 years counts as reduced rent in my book so you have certainly gained there. (Not having a £25 rent rise each year for 7years = £1800).

    You don't need to repaint - the LL should expect to after 7 years, but you should repair anything above wear & tear if you don't want to be charged.

    You could tell the agency you plan to take the oven & hob but are prepared to offer it to the LL if she wants to buy it for £XXX.

    Not sure that the lack of EICR makes the notice I invalid as that was only required in April of this year but certainly there should be one in place now.

    Do you have a decent inventory from your moved in? Make sure you have plenty of evidence of how you leave the property in case the LL tries to make a DPS claim.

    Good luck

    Leave a comment:


  • Gdunwell
    replied
    Originally posted by jpucng62 View Post
    1. You can leave at anytime you want during the notice period as long as you give the notice required of you in your tenancy - probably 1 month.

    2. There is a difference between wear & tear and damage. As a LL I would expect to have to repaint after 7 years but holes where you remove TV, shelves etc are damage so either repair or expect a charge. Unfortunately all the improvements you have made, unless agreed to by LL as improvements, do not actually improve your situation. You can point out the improvements to your LL but they are under no obligation to make allowances, especially if they were unapproved. Did you receive a lower rent because of these improvements? Never really a good idea to take over the LL's responsibilites without a clear agreement.

    3. Unlikely. Best to leave yourself a few days of overlap to give yourself time to clean - much easier when empty, or you are likely to get a bill.

    All above depends on your LL.

    Good luck
    Agency were aware, it's been impossible to contact LL since we moved in so getting anything done has been a nightmare. For example the leaking toilet would have been patched up rather than replaced, for £60 and a couple of hours of my time I was able to buy and fit a new porcaline toilet (Old.one had cheap plastic cistern). That's less than the call out charge to patch it up.

    Agency has also said we can take oven and hob with us as they are ours and the old ones needed replacing anyway (once again patched up after a lgas eak was detected on last gas check) but we will likely leave them anyway as the cost of getting them professionally removed and refitted outweighs the benefits.

    Thanks for the advice on damage, I will repair and repaint before vacating.

    Didn't receive lower rent but on the other hand rent has not been put up at all since we moved in - that was a culture shock when I looked at current prices....

    We have also been living with a 1" gap above the back door for 2 years where the back porch is falling down as the main support has totted through, the door itself is held together with metal brackets as this (also rotten) fell into 2 parts when I opened it, LL refused to fix it.

    I think the notice to vacate is invalid anyway as we don't have EICR and as she has refused to repair portsch despite several requests it could be a retaliatory eviction?

    Leave a comment:


  • Gdunwell
    replied
    Originally posted by landlord-man View Post
    I'm going to quickly jump in and say that it's really nice to read a post from what sounds like a great tenant and I hope everything works out really well for you going forward.

    Doubt it would align but if you post the area you live, you may find a LL on here looking for someone just like you.
    Thanks for the response, I'm looking for a 3 bed house in Portsmouth with Garden which will accept 2 Cats.

    Leave a comment:


  • AndrewDod
    replied
    Originally posted by jpucng62 View Post
    There is a difference between wear & tear and damage. As a LL I would expect to have to repaint after 7 years but holes where you remove TV, shelves etc are damage so either repair or expect a charge. Unfortunately all the improvements you have made, unless agreed to by LL as improvements, do not actually improve your situation. You can point out the improvements to your LL but they are under no obligation to make allowances, especially if they were unapproved. Did you receive a lower rent because of these improvements? Never really a good idea to take over the LL's responsibilites without a clear agreement.
    Not possible to repair great big holes in a wall without replacing the bricks. A filled hole is still a hole, and there is residual damage.

    Did you unilaterally do all this damage or did the L know of it and approve at the time. What do you think would happen if every tenant decided to punch 50 great big holes in the walls and thought that was OK?

    Leave a comment:


  • landlord-man
    replied
    I'm going to quickly jump in and say that it's really nice to read a post from what sounds like a great tenant and I hope everything works out really well for you going forward.

    Doubt it would align but if you post the area you live, you may find a LL on here looking for someone just like you.

    Leave a comment:


  • jpucng62
    replied
    1. You can leave at anytime you want during the notice period as long as you give the notice required of you in your tenancy - probably 1 month.

    2. There is a difference between wear & tear and damage. As a LL I would expect to have to repaint after 7 years but holes where you remove TV, shelves etc are damage so either repair or expect a charge. Unfortunately all the improvements you have made, unless agreed to by LL as improvements, do not actually improve your situation. You can point out the improvements to your LL but they are under no obligation to make allowances, especially if they were unapproved. Did you receive a lower rent because of these improvements? Never really a good idea to take over the LL's responsibilites without a clear agreement.

    3. Unlikely. Best to leave yourself a few days of overlap to give yourself time to clean - much easier when empty, or you are likely to get a bill.

    All above depends on your LL.

    Good luck

    Leave a comment:


  • Gdunwell
    started a topic No Fault Eviction

    No Fault Eviction

    Hi All, I have been living in the same house for 7 years and have just been served a form 6A giving 4 months notice to vacate. The owner is returning from overseas and wants to live in the house. Whilst disappointed I get that this is one of the perils of renting but it has raised a few questions.

    1. Can I leave at any point during the 4 months without penalty or do I still have to give notice. For example if I find a place and it is vacant can I just give a date that I'm leaving and stop paying rent from that date?

    2. Wear and Tear and improvements. Obviously after 7 years there is going to be some wear and tear, specifically damage to walls (plain paint, not wallpaper) where we have mounted TV, Shelves etc.). Had I given notice Inwould have repaired these and left the properly as I found it as I would have been saving money to cover these costs knowing they were due, I don't have time to save now as I have the unexpected cost of having to move. Bearing in mind in the time I've been here I have redecorated twice (magnolia), replaced all carpets at my cost (existing were falling apart when I moved in), replaced downstairs toilet as old one was leaking, landscaped back garden including £150 of LED lighting, replaced lichen lino, replaced oven and hob only 3 months ago (£1000), as whilst old ones worked they were old and tatty.

    In my situation would it be reasonable to expect my full deposit back if I was to leave without repairing the damages, no doubt the owner will be decorating before they move back anyway.

    3. Would it be reasonable to negotiate a couple of weeks rent free to give me time to propey clean once all my furniture has been removed so I'm not having to pay rent on 2 properties? I would normally have taken time off work to move but don't have any leave spare to take before we have to move out so I'm going to have to do everything in my spare time in the evenings.

    Sorry for the long first post, would appreciate your experience and advice.

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