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  • FIRST POST
    • Murphybear
    • By Murphybear 10th Feb 18, 1:19 PM
    • 3,440Posts
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    Murphybear
    Moving out of rented property
    • #1
    • 10th Feb 18, 1:19 PM
    Moving out of rented property 10th Feb 18 at 1:19 PM
    Hope you can help with this
    2 issues I would like help with

    First


    Our LL gave us S21 to leave on 16th February. No problem with this as we want to leave. We have been offered a suitable property which is empty but the LL wants to put some new carpets down and do a few other bits so we wonít be able to move on the 16th but a week later.

    My question is, if we move out on 23rd do we have a legal obligation to pay the rent up to 16th March or can we pay pro rata? If this is the case then the landlord wonít get the keys back until that date.

    For consideration, he wants us out, we want to go. There is outstanding maintenance work such as a major leak in one of the bedroom ceilings which he wonít get done until we go. (His words)

    I know we can negotiate but he wonít talk to us, just sends notes.

    Second

    We pay the rent by standing order. The water and electric are paid to the LL each month. He insists on cash and refuses to give us a receipt as he says ďa receipt shows you donít trust meĒ. This caused a bit of a row between him and my OH and this is the reason he issued the S21. We have the last months utilities ready but I have said to my OH that we should not pay until we have a receipt for monies paid up to date. Iím sure the LLs among you will be horrified at this suggestion but I concerned that when we move out there is nothing to stop him taking the utility money out of the deposit . Before anyone asks, the deposit has been correctly protected.

    Thanks for reading
Page 1
    • theartfullodger
    • By theartfullodger 10th Feb 18, 1:52 PM
    • 9,340 Posts
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    theartfullodger
    • #2
    • 10th Feb 18, 1:52 PM
    • #2
    • 10th Feb 18, 1:52 PM
    Water & electric paid by landlord? Do you live in the same building as him? Sounds deeply suspicous.


    In your shoes I'd give him a cheque. Take a copy 1st. If he chooses not to cash it that's his problem. He's on the fiddle - you know it, he knows it.
    • Murphybear
    • By Murphybear 10th Feb 18, 2:04 PM
    • 3,440 Posts
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    Murphybear
    • #3
    • 10th Feb 18, 2:04 PM
    • #3
    • 10th Feb 18, 2:04 PM
    Water & electric paid by landlord? Do you live in the same building as him? Sounds deeply suspicous.


    In your shoes I'd give him a cheque. Take a copy 1st. If he chooses not to cash it that's his problem. He's on the fiddle - you know it, he knows it.
    Originally posted by theartfullodger
    Unfortunately our banks are Internet only so no cheque books.

    We live on a farm, a house converted from a barn. There is the LLs house and 6 other properties. Water is from the LLs well, no mains supply. Elecricity is metered and he pays for all 6 houses and we pay him back. We donít have a problem with this, the bills are not that high, itís just this issue of not getting a receipt

    I donít doubt for a second he is on the fiddle, but who to report him to? Can I even be bothered?
    • theartfullodger
    • By theartfullodger 10th Feb 18, 4:27 PM
    • 9,340 Posts
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    theartfullodger
    • #4
    • 10th Feb 18, 4:27 PM
    • #4
    • 10th Feb 18, 4:27 PM
    .......I don!!!8217;t doubt for a second he is on the fiddle, but who to report him to? Can I even be bothered?
    Originally posted by Murphybear
    If for not declaring tax...
    https://www.gov.uk/report-cash-in-hand-pay

    If for fraudulently claiming benefits: (I'm getting 6 benefits if anyone is asking..)
    https://www.gov.uk/report-benefit-fraud

    Can you be bothered? Well,
    All that is necessary for the triumph of evil is that good men do nothing.
    You owe it to yourself, to tax payers to those denied benefits as too much goes to crooks... : And it's the right thing to do, surely.
    Are you sure he's charging correctly? Landlords may only charge what it costs them.
    • Pixie5740
    • By Pixie5740 10th Feb 18, 6:28 PM
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    Pixie5740
    • #5
    • 10th Feb 18, 6:28 PM
    • #5
    • 10th Feb 18, 6:28 PM
    A Section 21 does not end the tenancy. It is just notice that your landlord might start court proceedings to get a possession order. Is this the same Section 21 that was discussed in your previous thread which is likely to be invalid?

    The tenancy can only be ended by you (the tenant), a court, or by agreeing a mutual surrender. From your previous thread your tenancy started 16th August 2017 and has a 6 month fixed term. This means you can leave 15th February 2018 without giving any notice at all. However, if you remain in the property 16th February you will automatically start a periodic tenancy and will have to serve notice to end the tenancy.

    Please do read the information in G_M's guide to Ending/Renewing an AST that was given to you in your last thread as it contains most if not all the information you need.
    • cjdavies
    • By cjdavies 10th Feb 18, 6:45 PM
    • 3,093 Posts
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    cjdavies
    • #6
    • 10th Feb 18, 6:45 PM
    • #6
    • 10th Feb 18, 6:45 PM
    As you pay rent by standing order, you have his bank details, so transfer the water and electric money and have the reference as such.
    • G_M
    • By G_M 10th Feb 18, 8:49 PM
    • 43,214 Posts
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    G_M
    • #7
    • 10th Feb 18, 8:49 PM
    • #7
    • 10th Feb 18, 8:49 PM
    The previous thread referred to an invalid S21 set to expire the same day - 16 Feb. Hence I assume it's the same one, which can be ignored.

    Your tenancy started on 17th August.
    Was it a 6 month fixed term expiring on 16th Feb? If so, you can leave on 16th without notice.

    But if you stay beyond 16th (ie still there on 17th) you will create a periodic tenancy and must serve correct notice and leave at the end of a tenancy period (ie 16th of a month).

    On the other hand, if your tenancy is NOT a fixed term, but is a Contractual Periodic Tenancy from the start, then you must serve notice as specified in the contract.
    Last edited by G_M; 10-02-2018 at 8:55 PM.
    • Murphybear
    • By Murphybear 10th Feb 18, 9:27 PM
    • 3,440 Posts
    • 7,105 Thanks
    Murphybear
    • #8
    • 10th Feb 18, 9:27 PM
    • #8
    • 10th Feb 18, 9:27 PM
    The previous thread referred to an invalid S21 set to expire the same day - 16 Feb. Hence I assume it's the same one, which can be ignored.

    Your tenancy started on 17th August.
    Was it a 6 month fixed term expiring on 16th Feb? If so, you can leave on 16th without notice.

    But if you stay beyond 16th (ie still there on 17th) you will create a periodic tenancy and must serve correct notice and leave at the end of a tenancy period (ie 16th of a month).

    On the other hand, if your tenancy is NOT a fixed term, but is a Contractual Periodic Tenancy from the start, then you must serve notice as specified in the contract.
    Originally posted by G_M
    Thanks for this, it just clarified what I thought. It is the same notice I posted about which was served incorrectly but as we are keen on leaving it doesnít matter that much.
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