Landlord not accepting replacement tenants - wants to do repairs during notice period

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • ian90210
    replied
    Landlord refusing to budge and adamant he'll find new tenants once our two month's notice period is up (despite the fact the flat will be empty from next week).

    However I've since remembered that he failed to protect our deposit during the first 30 days (I've checked and it took him over 60 days to get round to doing it).

    I'm therefore now thinking I'll pay the rent for the notice period and then file a claim for compensation for failure to protect the deposit correctly - if I've read things correctly at the very least I'd get one month back that way meaning I'd be back to only paying a month's notice period (and could arguably end up with more if the judge gets annoyed by the landlords behaviour with regards to leaving all repairs to our notice period and changing his mind about our replacement tenants).

    Just goes to show that people should be reasonable at the end of tenancies to avoid stress like this. Especially when people have lived there 4 years, paid rent on time and not caused any issues!

    Leave a comment:


  • jjlandlord
    replied
    Originally posted by ian90210 View Post
    And if this is a contractual periodic tenancy does the statutory right for one months notice (if paying rent month to month after the end of the fixed term) override the wording saying two months would still be required.
    This isn't a statutory right, and the terms of the tenancy override it.

    Leave a comment:


  • jpkeates
    replied
    The wording of most tenancy agreements makes certainty about contractual vs periodic tenancy hard to achieve.
    This one uses the specific term, so I'd suggest that it's intended to.

    That would make the two month's notice a requirement.
    But it also makes things difficult for the landlord - when you protect the deposit you are asked to enter the length of the tenancy, and, if its a contractual periodic tenancy, you can't, for example.

    Negotiate.

    Leave a comment:


  • StuartH
    replied
    I don't see any reason why the ongoing tenancy is not a contractual, rather than statutory, one. It is unusual that the notice period is 'just' two months (no mention of alignment with rental), but in the absence of the tenancy conditions being contrary to statute, or unfair/unenforceable, the parties are free to agree what they like.

    My approach would be to seek to 'agree' an early surrender, so that you can check-out and so that the LL can do his maintenance jobs in peace, with some accommodation on the rent otherwise payable in the two month's notice period.

    Leave a comment:


  • ian90210
    replied
    My AST contract does say that at the end of the tenancy "it will carry on as a monthly contractual tenancy. You must give two month's notice. The Tenant must provide written notice of at least two months and the Landlord at least 2 months"

    Would this be considered a contractual periodic tenancy. Or do they require an different agreement and/or additional terms to be added? (it doesn't say "periodic" for example).

    And if this is a contractual periodic tenancy does the statutory right for one months notice (if paying rent month to month after the end of the fixed term) override the wording saying two months would still be required.

    If searched online and am finding conflicting views on that.

    Leave a comment:


  • jpkeates
    replied
    It is difficult at the end of a tenancy, because of the notice periods.
    You'd hope that in most cases, the landlord and tenant can simply sort it out between themselves and agree some kind of compromise.
    Maybe you pay less than a full month's rent and agree the end is earlier so the work can start.

    One good argument that you might make is that if the work is done before the end of the tenancy any check out is going to be difficult, as the place will have been full of strangers before you actually check out.

    Personally, I've usually agreed to whatever the tenant asked for - there's going to be a void period, and, unless what they want is stupid, we may as well get on with it.
    What's more important to me is trying to maximise the revenue per annum, rather than worrying about the rent coming in sooner rather than later - but I may be the exception.

    Leave a comment:


  • ian90210
    replied
    Good point - I was clearly hoping I wouldn't need to get to option (c) but will give it some more thought. I don't want to be a dick as we live next door - hence why I thought finding him some new tenants was the best solution originally as I'd take care of all the advertising, showing people round, paying for reference checks etc.

    I'm actually a lot happier now I know that worst case I'm only going to be stung for one month's rent and not two!

    It's clearly difficult buying somewhere as you can only give notice when you exchange to avoid ending up completely homeless if the house purchase gets delayed or falls through - I imagine lots of people find themselves in this situation.

    Leave a comment:


  • jpkeates
    replied
    The only problem is that c looks like you being a bit of a dick.

    From the landlord's point of view what it might sound like is
    "If you won't give me what I want (which you don't have to and means you end up with a month's less money) I will be obstructive and make you wait to do some work even though I won't be living there and it would be no inconvenience to me at all."

    Leave a comment:


  • mariner
    replied
    In most cases, sms is not acceptable for Service of Notice.
    When dd you send it?
    What did it state EXACTLY?
    Did LL acknowledge receipt?

    New Ts must be acceptable to LL who should not let them move in until all refs received and you have vacated. It is rare for a T (or house owner) to change properties with out some overlap of rent/mortgage. It is not like changing hotels.

    Leave a comment:


  • ian90210
    replied
    OK thanks all for your advice

    So my plan of attack now is...

    a) Give written notice expiring on 16 March (my landlord lives next door so will hand deliver it)

    b) Offer to give the landlord free access to do any jobs he wants from 9th Feb (given we won't be in the flat anymore), in the hope that he'll then agree that in return he'd be happy for us to only pay rent till the end of Feb. He can then have new people move in immediately in March with the problems fixed and no loss of rent.

    c) If he won't accept that deal, make a point of saying he'll have to wait until our notice period expires before starting his major works (in which case it's clearly in his favour to accept option B given it's the only way he can avoid any void weeks).


    I think that probably works better than showing people round to find replacement tenants, and telling them the damp in the kitchen and the leaking doors would need to get fixed after they've moved in (given I've been waiting a year for any action on it!!)

    Leave a comment:


  • jpkeates
    replied
    Originally posted by ian90210 View Post
    Thanks. I've already given notice via a text message but will make it clear that notice expires 16th March as suggested.

    Ideally I'd still like to find someone to take over though as I'm moving on 9th Feb.

    Note the contract also includes the clause

    Tenant must not...

    * Transfer the tenancy to someone else without our permission in writing (which we will not unreasonably withhold)
    The replacement tenant thing isn't going to happen.
    There's nothing in it for the landlord, so why would they.

    The idea of transferring a tenancy agreement to another tenancy is a bit of a red herring.
    It's realistically not an option - it's something some letting agents (mostly in London) seem to have invented to deal with groups of unrelated tenants sharing a property.

    If you wanted to avoid the overlap with double payments, you would have to have given notice before 9th January.

    Leave a comment:


  • Mrs Mug
    replied
    Originally posted by ian90210 View Post
    I've already given notice via a text message
    Does your tenancy agreement say that you can give notice by text? If not, you need to send a proper letter in writing for your notice to be valid.

    Leave a comment:


  • theartfullodger
    replied
    You serve notice in such a way as is defined in contract. If nothing said, do it in writing (piece of paper), email as well if you want to, to the address you havea for landlord. TXT as well, but it's harder to stand up in court.

    Clause not transfering tenancy is fine, it carries on in perioidic.

    There is nothing to stop you & landlord agreeing any other deal (eg to end tenancy Feb 9th) but you BOTH have to AGREE such terms as are agreed (could be money, either way)

    Leave a comment:


  • ian90210
    replied
    Thanks. I've already given notice via a text message but will make it clear that notice expires 16th March as suggested.

    Ideally I'd still like to find someone to take over though as I'm moving on 9th Feb.

    Note the contract also includes the clause

    Tenant must not...

    * Transfer the tenancy to someone else without our permission in writing (which we will not unreasonably withhold)

    Leave a comment:


  • theartfullodger
    replied
    Serve valid notice today expiring 16th March.

    If landlord won't accept, leave by end 16th anyway, take loads of photos. If he sues for more rent he'll lose.

    Good luck with your new home!

    Leave a comment:

Latest Activity

Collapse

  • Reply to Washing Machine/Rent arrears
    by slooky
    I think you shouldn't have anything for the appliances. You left them behind for someone else to deal with. I've just had to help lift a washer dryer upstairs to a flat. It's very hard work. If you wanted to sell them you should have sorted that out before you left them there.
    08-04-2020, 09:21 AM
  • Washing Machine/Rent arrears
    by Washingmachine44
    Hi Everyone,

    I'm a former tenant of a property and I'm looking for some advice. I rented a property in London for 7 years with my GF and moved out in February of this year. I still owe 2 months rent arrears and this is being paid of in agreed installments through the estate agent. ...
    07-04-2020, 17:54 PM
  • Reply to Washing Machine/Rent arrears
    by jpkeates
    Revisit the repayment plan.

    You know you owe the money, but, right now, can't pay what you thought you could.
    That's fair enough.

    Offer the agent/landlord a revised plan based on your new circumstances....
    08-04-2020, 08:39 AM
  • Reply to Properties for sale AND Let?
    by theartfullodger
    If tenanted and then sold, the sale does not end the tenancy nor require tenant to leave.

    New owner becomes new landlord, even if outside with removals van and screaming kids. Normal eviction processes apply .
    08-04-2020, 07:47 AM
  • Properties for sale AND Let?
    by Questioningtenant
    HI! Apologies if this is a stupid question; I am rather ignorant in terms of a property being offered for sale and for let at the same time.

    I'm a tenant currently looking for a larger rental property and I've noticed a trend in my area in recent times to place a property both for sale...
    07-04-2020, 21:27 PM
  • Reply to Washing Machine/Rent arrears
    by boletus
    You have to look at yourself in the mirror every morning?
    Karma?


    Or on a practical level;

    The stress finishes off the landlord. The grandson then takes over the estate and is not such a good man. He is very upset at the tenant's low behaviour after the old man
    ...
    08-04-2020, 07:27 AM
  • Reply to Washing Machine/Rent arrears
    by boletus
    I have low quality machines still going strong more than 20 years old. I've also replaced one that was 2 years and 2 months old (I remember looking up the just out of date warranty- bearings had gone)

    https://www.tenancydepositscheme.com...sing-items.pdf

    It is reasonable to...
    08-04-2020, 06:59 AM
  • Reply to Properties for sale AND Let?
    by BTL investor
    Only reason I can think of is that whilst the property is untenanted the owner puts it up for rent but also puts it up for sale at a high price just in case a buyer willing to pay the high price comes along.
    07-04-2020, 23:31 PM
  • Reply to Restrictions on rental agent
    by Mike_H
    Here in Aus, agents are allowed to do individual viewings, auctions are going ahead (albeit online) and you still see removal vans moving people in and out of places etc Sounds like we're a little less restricted than the UK at the moment.

    Hopefully we get over all this sooner rather than...
    07-04-2020, 23:28 PM
  • Restrictions on rental agent
    by Mike_H
    I'm currently living abroad so am not up on the restrictions currently in place in the UK.

    The tenant in my house (in the UK) is leaving at the end of the month. My rental agent has advertised the property and has had plenty of interest, but is telling me that there is nothing they can...
    07-04-2020, 21:28 PM
Working...
X