gave notice.... but can't leave now

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    gave notice.... but can't leave now

    hi

    i gave notice to my landlord a while ago, and that is coming to its term end of this week
    he has already got another tenant lined up, but i unfortunately lost the property i was suppose to move out (long story - gf related!!)
    now I have no place to go, and have asked the landlord 2 extra weeks, but he is refusing and getting very nasty

    that is really taken me back as I have always paid rent on time and kept his property clean
    he is threatening me that if I do not move I will lose my deposit (2 months rent!!!! that is HUGE as the property is in perfect condition)

    he is also saying i will be liable for any losses he incurs due to the other party not being able to move in - wouldnt that be his problem? who told him to sign anything until i had moved out: what if I broke my leg or something more serious then my stupid GF problems lol
    and finally he is threthening me that I will have to pay him rent until he gets new tenants if these ones pull out of the deal!!!

    where do I stand?
    can he take all that money from me just because I am asking for 2 extra weeks?

    i dont even want to stay there with such a landlord and feel sick by his tone of voice and manner of behaviour

    what can I do? I wish I could move at a friends or something, but there is no place I can take all my stuff either, and it just leaves me with 2 days to arrange all that
    I did tell him of the troubles a while ago (3 weeks ago) and back then he was all sympathatic and did not react this way!

    any suggestions would be welcome!
    do I legally risk all that? Oh yea, in addition to the legal charges he wants to put on me (2 weeks and he wants to sue me for legal charges???)

    any help is welcome, i am still shaky after getting off the phone with him!

    #2
    Is this a fixed term tenancy or a periodic tenancy?

    Comment


      #3
      Originally posted by westminster View Post
      Is this a fixed term tenancy or a periodic tenancy?
      its a assured shorthold tenancy
      it was for 2 years with a 1 year breakclause, so after 1 year, i gave him my 2 month notice

      Comment


        #4
        Please quote the exact wording of the break clause, and tell us what date the fixed term commenced, what date you gave notice, what date it says it expires, and whether you gave notice in writing or not?

        Comment


          #5
          Originally posted by westminster View Post
          Please quote the exact wording of the break clause, and tell us what date the fixed term commenced, what date you gave notice, what date it says it expires, and whether you gave notice in writing or not?

          hi, i just gave notice as required in the agreement of 2 months after 1 year
          there is no clause required, it was fixed for 1 year minimum basically
          i gave notice on begining of January but put the date of 28th March (so was more than 2 months ago) - because the rent is due every 29th of the month( I took possession of the keys on the 29th of January 2012)
          i called him and he was ok no problem, so then i sent him a written letter
          after that written letter, everything else has been oral, so last letter i sent him has the date that i am leaving on the 28th of march 2013 :-(

          Comment


            #6
            You claim to be exercising the break clause in your tenancy agreement. As requested, quote it.
            Also, "beginning of January" is not a date I am familiar with.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              Your landlord accepted your notice to quit, even if it was defective, the intention was clear. If you do not vacate, I see no reason that you should not be liable for the landlords reasonable losses in relation to your breach. You may also be liable to mesne profits.
              [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]

              Comment


                #8
                Originally posted by thesaint View Post
                You claim to be exercising the break clause in your tenancy agreement. As requested, quote it.
                Also, "beginning of January" is not a date I am familiar with.
                hi, sorry i usedd the word clause
                the break clause i was refering to in my head was the 12 month fixed period
                so after 12 months, either party can give a 2 month notice and leave, that is what it states
                i called the landlord on the 3rd of Jan and posted out the written letter on the 4th - it was dated 4th of Jan 2013 too
                the exit date i put in it was 28th of March 2013
                and then i contacted him via phone about 3 weeks ago, i think it was 2-3rd march (was weekend) and he was like sorry about that etc etc etc
                and after that he got the offer of the tenants who want to move in next week and he has all of sudden become nasty!

                Comment


                  #9
                  Originally posted by superm4n View Post
                  and after that he got the offer of the tenants who want to move in next week and he has all of sudden become nasty!
                  When you say nasty, do you simply mean looking not to be out of pocket because of your actions or do you mean something else?

                  Other tenants are likely to be in a similar boat to you, if they cannot move into the property as they were expecting they may have to hold off moving out from their current property which in turn will have financial costs to them, which they will undoubtedly seek to recover from your landlord if they're contractually tied to the landlord - which they may well be as they anticipated your vacation in a timely fashion.
                  [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]

                  Comment


                    #10
                    Originally posted by MrJohnnyB View Post
                    Your landlord accepted your notice to quit, even if it was defective, the intention was clear. If you do not vacate, I see no reason that you should not be liable for the landlords reasonable losses in relation to your breach. You may also be liable to mesne profits.
                    so he can claim:
                    1. my full 2 months deposit
                    2. rent for the 2 weeks
                    3. damages caused due to the other party not moving in
                    4. legal charges he would have to undertake to get me evicted (eventhough i will leave after 2 weeks)
                    5. and rent until he finds a new tenant (which obviously he will take his time if he is entitled to it)

                    wow!! is that what you call reasonable?!

                    Comment


                      #11
                      We can't tell you whether your notice legally ends the tenancy at notice expiry unless you give us the precise information I asked for.

                      If we can't tell you whether your notice ends the tenancy, then we can't answer the rest of your questions.

                      Comment


                        #12
                        Originally posted by MrJohnnyB View Post
                        When you say nasty, do you simply mean looking not to be out of pocket because of your actions or do you mean something else?
                        by nasty i mean his tone of voice (which became agressive) as well as the threats of legal action in addition to keeping my deposit (which he has not even put in DPS but took cash) and sueing me for rent until he finds someone ....
                        surely there is some sort of tenant protection that exists in this country?

                        peoples circumstances change, its not like i'm refusing to pay him for the 2 weeks!

                        Comment


                          #13
                          Originally posted by superm4n View Post
                          hi, sorry i usedd the word clause
                          the break clause i was refering to in my head was the 12 month fixed period
                          You said it was a two year fixed term with a break clause after one year.

                          Comment


                            #14
                            Firstly, there must be a break clause to allow to serve Notice to end the AST, otherwise you'd have no entitlement to finish the contract early. Westminster's question is important so I suggest you dig out your AST.

                            Secondly, you need to accept that you're the party at 'fault' here. You have not fulfilled your side of the contract and the Notice.

                            Regardless of how badly your LL deals with situations that are not of their making, this doesn't absolve you of liabilities.

                            Now I'm sure you haven't reached this point out of malice or intentionally. You just need to employ some people skills in order to establish an exit route that minimizes any liability.

                            The LL has acted in good faith in accepting your Notice and, sensibly, found a new tenant to take the property. This would have incurred some effort. He has given his word to the new tenant that they can move in on a certain date. Again relying on good faith that you'll fulfill your side of things.

                            As you are now saying you can't leave you have left the LL exposed to losing a tenant and possible claim from them.

                            There are a lot of potential claims against you for various monies so I would start by making your only priority at the moment finding somewhere else to live so you can still move out when you said you would. After you've posted up the break clause from your AST.
                            There is always scope for misinterpretation.

                            If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

                            Everyday is an opportunity to learn something new.

                            Comment


                              #15
                              Originally posted by superm4n View Post
                              by nasty i mean his tone of voice (which became agressive) as well as the threats of legal action in addition to keeping my deposit (which he has not even put in DPS but took cash) and sueing me for rent until he finds someone ....
                              surely there is some sort of tenant protection that exists in this country?

                              peoples circumstances change, its not like i'm refusing to pay him for the 2 weeks!
                              Yes, the tenant protection is the DPS. If it is not protected then that is a separate issue and worth investigating.

                              The issue is not that you would not pay him for the 2 weeks, but the law, generally seeks to put a person into a position that they would be had the other person not caused a wrong, so far as money can do so anyway. You're offering to pay 2 weeks rent, which he would have got from a new tenant along with a significantly longer period of certain income, but now he also has the issue of having to pay off the ingoing tenants in a hope that they will still move in on the correct dates, as well as agents fees in the event that they do not. Potential breach of contract and so on and so forth.
                              [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]

                              Comment

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