Landlord took full rent and asked me to move out ...?

Felix_the_Foccer

maninthestreet wrote: »

Why did you move out of the flat before seeking any help or guidance as to what you should do in response to his attempt to illegally evict you???

I have been mainly living 200 miles away whilst I am involved in family court proceedings in regard to my child.

I originally kept the London flat on with the thought of if I ever choose to move back there permanently, which I know now I will not.

Hence, I will be glad to be rid of the flat, I just want my rent back as I think the way he has gone about things has been unfair to say the least, possibly verging on illegal, seeing the answers being given here etc.

princeofpounds

He obviously really wants the flat back. You obviously really want the rent back. So call him, and say that you will surrender your tenancy if he gives you the rent that you paid in advance back in full and not before. You should also try to get your deposit back in full.

Both of you get what you want from this trade so it should be doable.

He will probably then give you the rent, you can surrender and everyone is happy.

What's the problem? If you wanted to stay that's a different matter but I fail to see what's wrong here apart from a landlord that has no idea what he is doing.

You might also wish to point out that if he tries to interfere with your tenancy before surrender (i.e. tries to push the terms and dates he has already 'suggested') then that would constitute illegal eviction, which is a criminal offence.

When you do finally surrender the tenancy, get his signature and everything in writing, and ensure it states that you have no further obligations.

G_M

So, although it is still a bit unclear what Agreement you have it l looks like an AST. The earlier properties are irrelevant - how long have you been in this one? And did you sign an Agreement when you moved into it? 6 months? 12 months? Same reason for asking, you could still be in the Fixed term, or you might have a periodic AST.

Anyway, no deposit, so that's not an issue.

Just don't return the keys till after you've got your rent back, which seems to be what you want. And if LL refuses to return the rent, a) keep the keys b) change the locks and c) remind him in writing you are entitled to proper notice (2 months or the end of the fixed term.

EagerLearner

Hi Felix - if I were you I'd definately start putting things in writing formally just in case - for all you know the landlord could be in financial trouble if he's that desperate to get you out, that being the case you may like to protect yourself by writing and stating you need full notice as per your entitlement (depending on whether you are in fixed term etc as per the above post), or, that yes you will agree to leave asap if he pays you your full rent back, Perhaps agree a date on which you will hand back the keys once you see a BACS or CHAPS transfer in cash to your bank account? Remember that cheques legally need something like 8 full working days to clear in which *if* he is in financial trouble, he could cancel the cheque, and you would have already given back the keys. Hope this makes sense and good luck!

Blacksheep1979

are you sure you received that email