Advice need for a friend in a tight corner

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    Advice need for a friend in a tight corner

    My friend signed a 12months let on a house. That lease as expired and has gone on to a monthly payments.
    She has found another place to live unfortunately she pays directly to the landlord , she has given her 1 month notice and here is what the landlord send back

    "Please give the notice now but the start date of the notice
    has to be the 31st. of December. Can you please pay the last months rent now which
    means you are covered up to the 31st. of January.
    By doing this, we will be able to give you a reference saying your rent is paid up to
    date and you have adhered to the terms and conditions of the agreement.
    If we find someone to take the property before the 31st. January - we will refund you the rent from the day they take it until the 31st. January."

    Is this even legal? I see it as blackmail * DO THIS NOW (PAY ONE MONTH EXTRA) AND I WILL GIVE YOU REFERENCE, SHE HAS GIVEN YOU NOTICE ALREADY WHY DO YOU WANT IT POST DATED 31ST? just don't get it, is that even legal?

    #2
    The rules for giving notice in a SPT are that the tenant must give a full one month's notice ending at the end of a monthly period. If your friend gave her notice after the present statutory period started then the LL is within his rights to demand rent up to the end of the next period. If the LL gave her notice he would have to follow the same rule but give her two months notice.

    It's certainly not blackmail and it is legal! Also the LL has said he will refund any rent paid if he finds a new tenant. For this to happen your friend must give him permission to market the place before her tenancy actually ends. There is no obligation for the LL to do this.

    Pull your head in and look at it from the other side for a minute.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      LL sounds very reasonable to me. Maybe your friend should have actually read the contract/done some research then they would not have found themself in this position. Out of curiosity what date did your friend take the property?

      It's not blackmail - its a fact the rent has to be paid as per the tenancy agreement so that the LL can give an accurate reference.
      [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

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        #4
        She has got Statutory Periodic tenancy in place. I agree with all you have been saying. She was going to pay the full rent anyway and was not intending to leave till January 20th or so? but she was just shocked why he asked her to pay rent now in other to get a reference, I understand from the Landlords view any, she even said so her self the house opposite has been on the market for 2 months surely the landlord needs to protect himself

        Comment


          #5
          A landlord is not obliged to give any sort of reference, or if giving a reference to give a positive one, as far as I know.


          Life is hard, you don't always get what you want.
          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

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