My landlord has given me notice - but has he done it correctly?

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    #16
    Hi again,

    Firstly thank you to everyone for taking the time to reply.

    I would like to give an update.

    There is some good news and some bad news. The good news is that I have been offered a new job in another part of the country (which is more money so I'm very happy). This will mean a move anyway, complete with a relocation package so I will be able to move out in the timescales given, so am not too concerned about the incorrect notice being served as it saves me serving my own notice to leave.

    The bad news is that my mum is currently in hospital. I have also been really busy at work due to it being the tax year end. At the moment I have been leaving the house at 6m, going to my mums to walk her dog then going to work. I've been leaving work at 2pm to visit my mum in hospital and go back to her house to walk the dog again, then going back to work to try and keep on top of things. Fortunatly my mum's neighbour is very kind and is walking the dog in the evenings for me and is keeping an eye on the house.

    My employer is understanding and have said if I cannot relocate straight away due to my mum's situation, I can work from a local office here until she's better. If necessery I will stay at her house for a few weeks (although the doctor says she should be back to normal then). My sister will also be back from holiday next week so there will be another family member close by if there are any emergancies.

    Due to the situation with my mum, and work, I have told the landlord he cannot carry out any viewings at the moment. I have said that I will allow viewings as soon as my mum is better or work is not as busy. But my family, work and finding somewhere to live in London take priorty over helping him to sell his house.

    I have not mentioned the issues with the notice period or deposit at this stage. They are in reserve in case he causes me any more problems.

    Hopefully he will be understanding and wait until I confirm what can happen next. But if not then I shall point out the issue with the deposit and also change the locks. And he can wait until I have vacated the property before letting anyone view.

    Comment


      #17
      Originally posted by Worried T View Post
      Thank you both.

      However the conditions of him doing that are:

      1) he either protects or returns my deposit immediatly

      # Not a reasonable request. Why should he? Your tenancy would have stated details about deposits and this is not an issue for you to debate really. He should have protected it though in a suitable scheme and you can ask him why he has not done this and to get him to do it now...otherwise there is little he can do to remove you! So LL should agree to protect it now which is to your benefit and advisable.

      2) that no photographs/viewings are to take place until the last month of my tenancy, and any such viewings should be arranged with 48 hours notice, at times specified by me and limited to not more than two occasions per week.

      # Again why would you be unreasonable here? The LL wishes to sell up and probably has mortgage to pay off etc. After a good amount of time in this arrangement together why not part amicably? It is a reasonable request. Let them take pictures and market properly. You can dictate when the viewings are to be though. How about twice weekly - at time to suit you, e.g. Sat mornings 10-12pm and Wed Eves 6-9pm. The agent must give 24 hours notice that he intends to view as well. Fair?


      How would I stand if a "For Sale" sign was erected? Last time I lived in a house with one of these, I was constantly getting callers at the door asking to view! Do I have any rights not to have a For Sale sign errected?
      Probably a decent request to not have a sign. LL should agree.
      Chas.

      Comment


        #18
        L as owner cannot be prohibited from erecting a 'For Sale' sign, and the Letting Agreement probably reserves a right to do this anyway.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #19
          Originally posted by jeffrey View Post
          L as owner cannot be prohibited from erecting a 'For Sale' sign, and the Letting Agreement probably reserves a right to do this anyway.
          But if not in the agreement, does this not breach of tenants "exclusive occupation rights" which must surely encompass the external grounds where the sign will be erected.

          Comment


            #20
            Yes. L cannot enter the premises to erect a sign unless the right to do is reserved.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #21
              Originally posted by mind the gap View Post
              Yes, you can move out with a month's notice to end on the last day of a rent payment period.
              Make that: "...to end on the last or first day of a period of the tenancy."

              Comment


                #22
                Originally posted by Lawcruncher View Post
                Make that: "...to end on the last or first day of a period of the tenancy."
                Apologies. I don't know why I wrote that.
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment

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