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Been given notice need advice please..
Jelly*baby
Posts: 131 Forumite
Wondered what others would do in this situation?
We rented a lovely secure house 8 months ago but it was too small. This current house came up and the landlords and agency assured us it was a long term house so we with lots and lots of thought moved to this current one which is a lot more expensive but suits us well as i work from home.
Since being in (8months) we have had a few probs, done quite a few minor jobs ourselves as the agency we feel dont pull thier fingers out and just lived with the rest! We have had more major jobs arise over the weeks gone by and now almost 3 months on the problems are still not fixed.
last night took its toll when the ensuite shower started playing up and finally packed up so my oh switched it all off and we sat and devised an email.
It basically said that if the work (reported back in Feb) was not dealt with by the end of this week as to what was happening we would hold back half of the rent (not sure we are in a position to do this but were so cross we felt the only way we would get anywhere)
Amazingly we got a call this morning saying the work will be dealt with..great i said but when? i have emailed it all to you' 'fine i said' still cross no further ahead..as i went to say thanks and goodbye they say 'oh the reason we called is that the landlords have decided to sell the house so you have 2 months to vacate the property'
I was gobsmacked upset and still at a loss as to what to do (other than start collecting boxes??) they promised us this was long term, said they had it for sale for so long that they has given up as never got anywhere near to the offering price (wonder why!) it was also up for rent for months and each previous tenent they had, had was basically a bad tenant (landladys words when we first met her)also the big one that has wound me up is the fact we rung them about a month ago in terms of getting a cat. Big deal for my daughter as she lost her 2 cats when me and hubby split now were looking at losing this one too and she is upset.trying to find somehwere now that accepts pets..infact there are no houses available as yet anyway where we live.
Having just read the email from the agency it appears the work that was being done is infact now not being done and is quite rude (could be reading it wrong as cross) but the point is we are now paying a lot a month for a half use house.
What would you do? do we have a leg to stand on in terms of paying for something were not getting?
Thanks
We rented a lovely secure house 8 months ago but it was too small. This current house came up and the landlords and agency assured us it was a long term house so we with lots and lots of thought moved to this current one which is a lot more expensive but suits us well as i work from home.
Since being in (8months) we have had a few probs, done quite a few minor jobs ourselves as the agency we feel dont pull thier fingers out and just lived with the rest! We have had more major jobs arise over the weeks gone by and now almost 3 months on the problems are still not fixed.
last night took its toll when the ensuite shower started playing up and finally packed up so my oh switched it all off and we sat and devised an email.
It basically said that if the work (reported back in Feb) was not dealt with by the end of this week as to what was happening we would hold back half of the rent (not sure we are in a position to do this but were so cross we felt the only way we would get anywhere)
Amazingly we got a call this morning saying the work will be dealt with..great i said but when? i have emailed it all to you' 'fine i said' still cross no further ahead..as i went to say thanks and goodbye they say 'oh the reason we called is that the landlords have decided to sell the house so you have 2 months to vacate the property'
I was gobsmacked upset and still at a loss as to what to do (other than start collecting boxes??) they promised us this was long term, said they had it for sale for so long that they has given up as never got anywhere near to the offering price (wonder why!) it was also up for rent for months and each previous tenent they had, had was basically a bad tenant (landladys words when we first met her)also the big one that has wound me up is the fact we rung them about a month ago in terms of getting a cat. Big deal for my daughter as she lost her 2 cats when me and hubby split now were looking at losing this one too and she is upset.trying to find somehwere now that accepts pets..infact there are no houses available as yet anyway where we live.
Having just read the email from the agency it appears the work that was being done is infact now not being done and is quite rude (could be reading it wrong as cross) but the point is we are now paying a lot a month for a half use house.
What would you do? do we have a leg to stand on in terms of paying for something were not getting?
Thanks
0
Comments
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Let's try some basics shall we?
Which country are you in - Scottish law is very different.
When did your contract begin?
What is the duration?
Has your deposit been protected and do you know in which scheme?
Have you actually been issued with an S21 (assuming England and Wales)?If you've have not made a mistake, you've made nothing0 -
Thanks for your help would be nice if people could respond on this site without being patronising though!
I'm in England
we have had the contract since Aug 2011, was for 6 months assume now rolling?
deposit is in the deposit scheme
they have said we get a letter tommorow stating the notice period.Let's try some basics shall we?
Which country are you in - Scottish law is very different.
When did your contract begin?
What is the duration?
Has your deposit been protected and do you know in which scheme?
Have you actually been issued with an S21 (assuming England and Wales)?0 -
Not sure if this will be of any help to you.... but if I were you, the first thing I would do is call citizens advice bureau and explain the situation, they will tell you what your rights are.
Personally I wouldnt pay your landlady any more rent! The worst she can do is not pay you your bond back. She has given you 2 months notice which i've found is the norm and she cannot ask you to move out before these 2 months (check your contract for notice period)
But I would definitely contact CAB on 08444 111 444 and they will put you in touch with your local CAB office.
I hope you get this all worked out!
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0 -
No one was patronising.
RAS asked basic questions without which it would be impossible to advise you.
You have a monthly Statutory Periodic Tenancy. The LL can give notice at any time, but this must be done via a S21 Notice (which I assume is what you will receive. It must give you two full rental periods notice. (NOT two months.)
Witholding rent will put you in breach of contract and could get you a S8 Notice instead! Not sure what CAB can do - a LL does not have o give a reason to end a Periodic Tenancy, but does need to follow the right process.0 -
Many tenants & landlords are unclear of the options when the Fixed Term of an Assured Shorthold Tenancy (AST) ends. Similarly there can be uncertainty on both sides about how to end a tenancy, whether a Fixed Term (FT) or Statutory Periodic Tenancy (SPT)
Letting Agents often provide poor advice as they have their own (profit) motivation.
This post has been moved. Please go to
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Thanks. I have been trying CAB since this morning but no joy, My local one is booked for the next few weeks and the drop in service is in the next town and apts only which would be good if they answered the phone (been trying now for about 3 hours! nothings easy is it!
Our bond is £2k the same as the rent due so if we dont pay this months we will have gained some but its not about the money its the quality of the house.
ThanksNot sure if this will be of any help to you.... but if I were you, the first thing I would do is call citizens advice bureau and explain the situation, they will tell you what your rights are.
Personally I wouldnt pay your landlady any more rent! The worst she can do is not pay you your bond back. She has given you 2 months notice which i've found is the norm and she cannot ask you to move out before these 2 months (check your contract for notice period)
But I would definitely contact CAB on 08444 111 444 and they will put you in touch with your local CAB office.
I hope you get this all worked out!
Best of luck0 -
Apologies if i miss read just very very cross and upset right now. I has no idea about england and Scotland etc so didnt occur to me to add.No one was patronising.
RAS asked basic questions without which it would be impossible to advise you.
You have a monthly Statutory Periodic Tenancy. The LL can give notice at any time, but this must be done via a S21 Notice (which I assume is what you will receive. It must give you two full rental periods notice. (NOT two months.)
Witholding rent will put you in breach of contract and could get you a S8 Notice instead! Not sure what CAB can do - a LL does not have o give a reason to end a Periodic Tenancy, but does need to follow the right process.0 -
Hi Jellybaby.
If you are out of the fixed period of your tenancy and in a periodic tenancy as a result then the landlord has to give you a section 21 notice with a least 2 full monthly rent periods notice.
Google section 21 and you will find out all about it. In itself it does not end the tenancy, only mutual agreement or a court order can do that. It just informs you that the landlord would like to end the tenancy and is prepared to get the court order if necessary.
They do not need a reason to do this, and if it is done correctly it is not possible to defend against it. However, it is very easy a lot of the time to delay or frustrate it as the landlord has to pay attention to lots of small technicalities to get the order. But unless you need to do that it's often not worth it.
With regards to repair issues, you shouldn't withold rent. You have no right to do that. You do have a right to enforce repairs and deduct from future rent (google Lee Parker vs Izzet 1971). And in some circumstances relating to hazards you can involve the council's environmental health unit (google housing health and safety rating system).
That option is now kind of shut for you given the limited timescale.
You should probably concentrate on finding a new place.0 -
If you can't get through to CAB, try Shelter instead.0
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Our bond is £2k the same as the rent due so if we dont pay this months we will have gained some but its not about the money its the quality of the house.
Pay your rent. Failing to pay rent won't help you. It will lose you a reference, it will get taken out of your depost and if the landlord can be bothered they can chase you for the rest through court.0
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