Advice for a tenant

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    Advice for a tenant

    I wonder if I could get a bit of advice please? We have been served a Section 21 which expires on 11th September (apparently landlord moving in himself). We've found another property, we're waiting for the checks to go through but don't anticipate a problem. However the previous tenants don't move out until the 14th September so it won't be available until a bit after that. We've let the letting agent know that we won't be out on 9th but hopefully (if all checks back ok etc) will be moving asap after. Our rent is paid until 30th Sept and barring disaster, we'll definitely be gone by then. Yesterday we received a letter from letting agents saying they will be at property at 12pm on 11th to inspect it and all of our belongings should be gone.
    What should we do about this? We will be at work, can they enter without our permission? I am reluctant to take a day off as we're going to need the time off to actually move. I understand (having had advice from CAB and local housing dept) that the Section 21 doesn't mean that we have to leave that day, just that they can apply to court to evict us. Is that right? Obviously we're leaving asap, just not before 11th, it took us ages to find somewhere because of it being summer holiday time.
    Other quick question is about our deposit, I presume wear and tear is expected? The check in inventory describes the carpets as worn and poorly fitted anyway but they're now tatty beyond belief. It's not because of anything we have done so I don't think we should be responsible for any costs to replace (we have also mentioned at each inspection but letting agent said ll wouldn't replace which we ok with as at least we weren't responsible for brand new carpets). We'll take photos as leaving to compare with arriving but do you think this is wear and tear and ll responsibility?
    We've always dealt with letting agent not landlord.

    #2
    Originally posted by PootleandPosy View Post
    What should we do about this? We will be at work, can they enter without our permission?
    Rather than focus on whether they can or can't, I would suggest you make it clear that you will definitely not have left at that point; ergo there is absolutely no point in them coming round to do the inspection.

    I understand (having had advice from CAB and local housing dept) that the Section 21 doesn't mean that we have to leave that day, just that they can apply to court to evict us. Is that right?
    Correct. I would expect that they will apply to the courts on 12 September, and chances are you will end up getting lumbered with the court fee (£280 I think). If you can convince the agent that you will definitely be leaving on a particular date in the very near future (eg, by showing them a signed tenancy) you might be able to dissuade them from putting in the application and save yourselves that money; but don't hold your breath, because if for any reason you don't leave, they will have lost time on getting you evicted.

    Other quick question is about our deposit, I presume wear and tear is expected? The check in inventory describes the carpets as worn and poorly fitted anyway but they're now tatty beyond belief. It's not because of anything we have done so I don't think we should be responsible for any costs to replace (we have also mentioned at each inspection but letting agent said ll wouldn't replace which we ok with as at least we weren't responsible for brand new carpets). We'll take photos as leaving to compare with arriving but do you think this is wear and tear and ll responsibility?
    From what you say it sounds like it. Whatever, no way would you be expected to fund brand new carpets; it's all about reimbursing the landlord for 'lost lifetime' of the carpets. Eg if the carpets were 5 years old when you moved in and you've been in the property 2 years and the carpets are now knackered, whereas they would have been expected to last say 9 years (all numbers completely arbitrary), then you'd be liable for two-ninths of the replacement cost.

    Comment


      #3
      Can't fault what Eric the lobster says but would add that if the matter does go to court proceedings, you will get a form from the court for your 'defence'. Use that to tell the court that you advised the agent you would be moving out and that the court claim was un-necessary, therefore you do not feel you should be liable for the fee. Hopefully, judge will agree, thus your landlord will pick up the bill.

      https://www.mydeposits.co.uk/sites/d...ar%20Guide.pdf

      Comment


        #4
        That's useful thanks to you both. The letting agent know that we won't have left by 11th, I had spoken to them the same morning as the letter was dated (partly why the letter confused and worried me). Should I put it in writing? Hopefully we'll have a date before the 11th so at least they'll know when we are leaving. If they start the court proceedings the next day and we get lumbered with a bill then that's unfortunate but I can't see what option we have. I will keep that link to hand just in case.
        Re the carpets, I think they were at the end of their lifespan when we moved in 3 years ago! They're the cheapest, thinnest carpet you can get, I can't think they would be expected to last more than 3 years even if they were new when we moved in (Google tells me they are temporary carpets).

        Comment


          #5
          The agent is unlikely to start proceedings so quickly - and if he did it would take around 2-3 months to finalise.

          Any sensible agent would wait and see if you go as you have said. Yes, I would put it in writing and keep a copy. You don't have to admit the agent or landlord to your home - any attempt would be construed as harassment so maybe remind the agent of that fact - just in case he does not know or has forgotten.



          Freedom at the point of zero............

          Comment


            #6
            Hopefully sense will prevail as the letting agents know us well enough to presume we will leave when we say. I will write to confirm that we won't have left by 11th and that we will not be available to admit them to the property at midday, I will also put it in writing as soon as we do have a date. The sooner we move the better, I can't stand the uncertainty.

            Comment


              #7
              I'd also point out that you've paid rent up to 30th September, so the landlord isn't losing any revenue.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Yes good point, will put that in my letter too.

                Comment


                  #9
                  For clarity, please complete & paste http://www.landlordzone.co.uk/forums...ll-new-posters
                  particularly
                  Date Tenancy commenced
                  Length of fixed term
                  Rent due frequency

                  Comment


                    #10
                    Can't figure out how to cut and paste on my phone, so from above and what I remember. .
                    Property is in England.
                    Tenancy started on and deposit was paid on 12/9/12 as 6 month term, we then had another 6 months but has been periodic since.
                    Rent paid monthly in advance, first month we paid part of month then started paying full amount from 1/10/12.
                    S21 delivered by hand on 11/7/15.

                    Comment


                      #11
                      And it's a joint tenancy with my husband and no the landlord doesn't live with us.

                      Comment


                        #12
                        You need to negotiate a leaving date with LL by writing a letter to him at AST 'address for service of Notices' with copy for MA, explaining why you cannot vacate on the 11th, fact rent paid until end of Sep and say you will vacate on that date.
                        s21 appears validly served, with correct expiry date. Strictly speaking, a valid s21 in SPT, does not end the T, you are still required to provide binding NTQ,which would mean,on T periods provided, would mean it cannot expire before 11th Nov. so to move by 30 Sep you are seeking 'early surrender' if unableto move out by s21 expiry.
                        Changing the date you paid rent, even with LL consent,did not change the orig AST rent due date. A mistake many LLs & Ts make.
                        At least the letter may persuade LL not to pursue Court Repo until 1st Oct if you have not vacated, thus saving both side time & money.
                        Or you can vacate on the 11th Sept and bridge the accom gap with a B&B.

                        Comment


                          #13
                          Assuming you haven't already done so, you should give your notice to quit tomorrow. It will expire 11 Oct, the end of the next tenancy period. Then negotiate with agent to bring tenancy to an end sooner via a deed of surrender.

                          Comment


                            #14
                            Will definitely get it in writing but may hold off until after I have spoken to the agency about new place tomorrow, fingers crossed we will have a date so I can confirm that in the same letter.
                            The tenancy agreement does state 1st as rent due date (we moved from another property with same letting agent so the change was to enable us not to pay for 2 houses and neither of their landlords to have a void) regardless of date there are no arrears and full amount was paid on 1st Sept.
                            I'm confused about needing to give notice even though we have been asked to leave! Hopefully they will accept the date we give as it will mean that the landlord gets his house asap.

                            Comment


                              #15
                              The section 21 notice doesn't actually end the tenancy, your (valid) notice will.
                              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                              Comment

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