Bad date to move?

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    Bad date to move?

    Hello again all
    Due to dodgy private landlord issues (see previous posts for more details if you like) My girlfriend and I are going to have to move out on 1 January , or perhaps a little earlier. I have a few questions, any answers'd be enormously appreciated.

    1) Will it be a problem moving out over the 'festive period'? Are properties generally put up for let all year, or at times like this will it be difficult to find a place? If it is, then we may have to consider moving earlier...I already hear that hiring a van's going to be nigh on impossible....

    2) What would be the best thing to tell a letting agent re our previous LL? We're not going to be parting on the best of terms, and we're going to withhold last month's rent in place of deposit. Is honesty the best policy here? We have an excellent reference from our LL before the dodgy one.

    3) Can anyone recommend good letting agents in Hackney? Or does anyone know of letting agents to steer clear of?
    (on a side-note, I can't believe Hackney's been rated the worst place to live in the UK! I love it there - got character, vibrancy, good community spirit - Madness! I grew up in Newton Abbot - now THERE'S an awful place to live)

    #2
    1) It will be tricky, but you will have the bonus that most people do not want to move around this time, so any vacant properties you would probably be able to get cheaper.

    2) Just be honest, IMO - most landlords realise that some other landlords can be idiots, and will look at the bigger picture.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    Comment


      #3
      Keep it simple

      What is making you move out on 1 January a public holiday? Why don't you arrange everything for 2 January and keep it simple?

      It is a bad idea to withhold the last month's rent. In my opinion it is better to pay up and if you feel that you are owed money once you have vacated then claim for it through the court.

      Comment


        #4
        We can't stay until 2 January precisely because we're withholding the last month's rent. If we stay til the second then our lovely LL can start proceedings against us.
        I do understand that withholding the final month's rent is breach of contract, but I really don't have any other option. I can't move if I don't do it, because I won't have money for the next place's deposit.
        We're going to leave the flat in good order (much better than when we moved in) so he's not going to lose out. I wish there was some independent party that could hold my deposit money, but as it is, my LL has most likely already spent it.
        Last edited by mongrel79; 24-10-2006, 12:18 PM. Reason: wanted to add something

        Comment


          #5
          If you were not already aware the only thing that can make you move is a court order. So, I'll ask the question again: what is making you move out on 1 January a public holiday?

          Comment


            #6
            what is making me move out is that I don't want my LL to start court proceedings against me.

            Am I wrong in thinking that once I'm 2 months late with rent, my LL can start court proceedings against me? And the date that I become 2 months late is 2 January. Also, My AST of 6 months finishes on 1 January.

            Comment


              #7
              Also, I don't want to give my LL too much of a runaround. If I can leave and not inconvenience him too much, the less chance I have of him making up some bogus cleaning/repair charge and pursuing me through the courts with it...

              Comment


                #8
                Who do you think you are hurting with your knee-jerk actions?

                You don't want to give your landlord too much of a runaround, but you intend to withhold rent.

                If you depart and move to a new property on a bank holiday, surely you will have to pay double for removal services.

                Who do you think will be available to hand the keys to?

                I think you are setting up problems for yourself unnecessarily. What does your landlord think of your plans - oh let me guess you haven’t told him.

                Just stop and think please. Remember that the only thing that could make a tenant move is a court order.

                Comment


                  #9
                  With all due respect, it isn't a knee-jerk reaction. I've been agonising over it for days now.

                  I am hurting myself with this course of action, but it's a matter of principal.

                  What hurts me more is having to live in a property with a LL who constantly threatens to serve notice, refuses to make repairs, lies and goes back on his word constantly and treats his tenants with a complete lack of respect.

                  We've bent over backwards to accommodate him, paid our rent on time every time, and kept the property in good order. We are excellent and up until now honest tenants, as our previous LL will attest.

                  It's difficult to explain what it's like living under a horrible LL (although from reading some other tenants' posts on this forum I'm sure they can sympathise - some are in much worse postions in fact) but I'm not going to put up with it for a second longer than I have to. This is meant to be my home and I have a right to live comfortably in it.

                  I can't move without my deposit, so I'm going to get it back in the only way I can. My LL forced this course of action on me - I wish he was a better LL, but the fact is he isn't.

                  Comment


                    #10
                    Once you are two months in arears with your rent, your landlord can serve you with a notice that he intends to apply for possession of his property under section 8 of the L&T act. He cannot then apply to the court for a further two weeks (to give you time to pay).

                    P.P.
                    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                    Comment


                      #11
                      Thanks P.P. Didn't know that...

                      Comment


                        #12
                        Why don't you move out a few days before? No bank holiday, most firms open between Xmas & N ew Year. As not paying rent anyway for last month, or is it just inconvenient for you? Luckily the TDS is soon to be here to stop this sort of thing with rents, or has that changed again?

                        Comment


                          #13
                          What's TDS?

                          Comment


                            #14
                            Tds

                            Tenants Deposit Scheme. Has had lots press on this subject. Due in April of next year, last I heard....

                            Comment


                              #15
                              Poppy, whilst I would normally respect your replies and answers to post, I think you're being a bit harsh here.. the OP has already indicated that he/she feels intimidated by this LL and this is the only way he sees out, so that he doesn't have it hanging over him for god knows how long.

                              Whilst you may never have been in a position where you have felt intimidated by a LL or Agent thereof, there are many people who have and its NOT a pleasant position to be in.

                              This OP is trying to do things that are ultimately fair to both sides. He doesn't intend to run up huge debts in rent arrears - all he intends to do is withold the last month so as not to lose his deposit.

                              Give him a break.

                              Originally posted by Poppy View Post
                              Who do you think you are hurting with your knee-jerk actions?

                              You don't want to give your landlord too much of a runaround, but you intend to withhold rent.

                              If you depart and move to a new property on a bank holiday, surely you will have to pay double for removal services.

                              Who do you think will be available to hand the keys to?

                              I think you are setting up problems for yourself unnecessarily. What does your landlord think of your plans - oh let me guess you haven’t told him.

                              Just stop and think please. Remember that the only thing that could make a tenant move is a court order.
                              Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

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