Developer/landlord is in administration- v. unhelpful!

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    Developer/landlord is in administration- v. unhelpful!

    Hi guys I'm wondering if you could help me. Just had a very unproductive phone conversation with my landlord's administrator. Here's a bit of background info...

    I'm renting a new build from Oakdene Homes who have recently gone into administration. They've served notice on all tenants (2 months, up on 23rd July).

    I have found a new place to rent which is not available until the 1st July.

    I asked the administrators if I could pay a pro-rata amount to stay in the flat for an extra week, until the 1st July and they rather helpfully answered "You should seek legal advice"!

    What I'm trying to avoid is paying two lots of rent in July because that would cost the best part of £2,000, which with all the costs of moving would be impossible to manage.

    On the one hand I could end up homeless for a week, or I could end up paying rent for a flat that's going to be empty!

    Just wondering if any LLs have been in a similar situation in the past, and how it was resolved. To be honest I'm hoping for a bit of compassion from the administrators and wouldn't have a problem paying rent for a week (either out of the deposit or by DD) but they've been most unhelpful so far! Do you have any advice? I'm not sure what my options are.

    Many thanks for your time.
    Last edited by cakeisnice; 21-05-2009, 12:19 PM. Reason: typo

    #2
    As you seem to be aware, you are legally liable for the full month's rent (assuming your rent day is the 23rd). If they won't agree to let you off, I don't think there's anything you can do.

    I agree it does seem unreasonable but from their POV they will have a duty to maximise the revenue to pay off creditors. It's not the same situation as asking a private LL to let you off, who may be able to find a new tenant as from 1st July. (In your case it sounds as if they are getting vacant possession in order to sell).

    Have you tried asking whether you could rent the new place as from 23rd July instead of from the 1st July? As a landlord, I would probably be willing to accept a 3 week void to be sure of a new tenancy - i.e. if T signed the agreement now and I was getting a good rent. Perhaps you could also negotiate by agreeing to a longer minimum term if you're able to agree to that?

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      #3
      p.s. What is the length of notice you have to give to end TA? One month or two? Because, at the risk of stating the obvious, if it's the former then in order to leave on 23rd June (and find somewhere to park yourself for a week before new tenancy) you'd have to give notice by tomorrow.

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        #4
        hi and thanks for your reply.

        yes i have to give one month and i'm aware that i'll have to act tomorrow.

        i think you're right about the administrators getting vacant possession in order to sell. they've told me that notice has been served (over the phone) but i haven't seen anything in writing - possibly because the secure entry system is broken and the postman can't gain access!

        i think i'm going to pay the june rent, serve my notice to the letting agents for the 1st July and pay a pro-rata amount to the administrators. if they want the full months rent they can take it out of the deposit.

        harsh lesson learned - i'll never be renting a newbuild again!

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