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My landlord has given me notice... help???
Kit603
Posts: 142 Forumite
Hello,
I moved into a house on a 6 month fixed tenancy agreement on 25th September 2009. I found the house through a local estate agent and paid estate agents fees to apply etc but after that I dealt solely with the landlord (i.e. I don't believe it is a managed let). The landlord popped over yesterday and gave me a letter explaining that she won't be renewing my tenancy (on the 24th March 2010) due to unforseen personal circumstances. She then explained, in person, that her younger brother and his fiance are expecting a baby and have nowhere to go because their landlord is selling their house and she's going to basically kick us out so that they can have our house. :mad:
Whilst I can sort of understand her position, this gives me and my partner very little time to find a new house to rent and move out. There isn't a lot available in this area and we've also just paid car insurance (in full on two cars for a year!) and a 2 week holiday in full so we can't afford bond/deposit and first month's rent in advance on a new place. After telephoning the council etc yesterday I was told that they can put me on the list but we're not classed as priority because we still have a home at the moment (???), don't have any dependants and are both working and could theoretically afford to find rent/deposit for a private house if necessary (:mad:).
In the meantime, a friend of my step-dads has a house that's been empty since November (he was doing renovations which he's just finished and was about to put it on the market). He's said we can have first refusal and that we can give him the deposit when we have it and don't have to pay the rent in advance so long as my step-dad signs guarantor. We're going to see the house tomorrow but it's 3 bedroom, driveway, 2 reception rooms, fitted kitchen etc and he wants £450pcm.
However, he won't wait for our tenancy to run out before we move in and we can't afford to be paying 2 lots of rent. We pay our rent in advance and we have 2 payments left on the 6 month contract. The first of the payments is due in 2 days time, which obviously i'll pay but the second payment is due on 25th Feb for 25th Feb - 24th March.
All I can think of is to move out by 25th Feb and not pay the last month's rent on this property. Since she's given notice, can I do that? Or am I still liable for the rent? My partner's dad is guarantor here, so I don't want to leave him liable for the rent and I need my deposit back to give to new landlord. But, at the same time... I don't want to pass up a good property because I can't afford to pay 2 landlords
If I pass up this property i'll end up having to go through an estate agents which means credit checking and application fees and last time we had to pay £175, £25 to add a guarantor and a £50 checking out fee before we moved in on top of deposit and first month's rent. :eek:
Any advice???
I moved into a house on a 6 month fixed tenancy agreement on 25th September 2009. I found the house through a local estate agent and paid estate agents fees to apply etc but after that I dealt solely with the landlord (i.e. I don't believe it is a managed let). The landlord popped over yesterday and gave me a letter explaining that she won't be renewing my tenancy (on the 24th March 2010) due to unforseen personal circumstances. She then explained, in person, that her younger brother and his fiance are expecting a baby and have nowhere to go because their landlord is selling their house and she's going to basically kick us out so that they can have our house. :mad:
Whilst I can sort of understand her position, this gives me and my partner very little time to find a new house to rent and move out. There isn't a lot available in this area and we've also just paid car insurance (in full on two cars for a year!) and a 2 week holiday in full so we can't afford bond/deposit and first month's rent in advance on a new place. After telephoning the council etc yesterday I was told that they can put me on the list but we're not classed as priority because we still have a home at the moment (???), don't have any dependants and are both working and could theoretically afford to find rent/deposit for a private house if necessary (:mad:).
In the meantime, a friend of my step-dads has a house that's been empty since November (he was doing renovations which he's just finished and was about to put it on the market). He's said we can have first refusal and that we can give him the deposit when we have it and don't have to pay the rent in advance so long as my step-dad signs guarantor. We're going to see the house tomorrow but it's 3 bedroom, driveway, 2 reception rooms, fitted kitchen etc and he wants £450pcm.
However, he won't wait for our tenancy to run out before we move in and we can't afford to be paying 2 lots of rent. We pay our rent in advance and we have 2 payments left on the 6 month contract. The first of the payments is due in 2 days time, which obviously i'll pay but the second payment is due on 25th Feb for 25th Feb - 24th March.
All I can think of is to move out by 25th Feb and not pay the last month's rent on this property. Since she's given notice, can I do that? Or am I still liable for the rent? My partner's dad is guarantor here, so I don't want to leave him liable for the rent and I need my deposit back to give to new landlord. But, at the same time... I don't want to pass up a good property because I can't afford to pay 2 landlords
If I pass up this property i'll end up having to go through an estate agents which means credit checking and application fees and last time we had to pay £175, £25 to add a guarantor and a £50 checking out fee before we moved in on top of deposit and first month's rent. :eek:
Any advice???
Success' of 2012:
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Debts:
Student Loans: £28,758
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Comments
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If you do not pay your last months rent you will be in breach of your AST, and the landlord certainly can chase your guarantor. You have nothing to lose by writing to your landlord by recorded delivery, and asking to be released from the tenancy early on the grounds that you have an offer of a property that you would be crazy to turn down. Sorry to sound preachy but in future don't spend your 'rainy day' savings on a holiday!Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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Your LL might be pleased if you can get out early. Ask.0
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If you have an Assured Shorthold Tenancy you are legally obliged to pay the rent for the whole of the term whether you occupy the property or not UNLESS you make an agreement with the landlord to release you from the contract early.
Negotiate with your landlord to either release you from the contract early (and confirm this in writing) OR to offset the last month's rent from the deposit, or maybe both. Some landlords are understandably reluctant to do this in case the cost of putting right any damage is greater than the deposit. For this reason you MUST ensure that the property is in exactly the same state as when you found it.
Put your case to the landlord convincingly and you could find that they are sympathetic.
By the way, I'm assuming that your deposit is in one of the deposit protection schemes and that you signed a full inventory with a detailed description of the property and all its fittings. Is that the case?0 -
Hello,
I moved into a house on a 6 month fixed tenancy agreement on 25th September 2009. I
Any advice???
You knew your leaving date on 25th September 2009.
You seem to be asking for advice on how to defraud your landlord of rent you clearly owe. This is not a good idea: your credit worthiness may be affected and for anybody who is not rich credit worthiness is essential for financial matters including housing throughout your life.0 -
Are you sure that is fraud?Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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It seems to me that the only creditworthiness at risk in this case is the guarantor's. Please don't give poor advice when you don't what you're talking about0
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BitterAndTwisted wrote: »It seems to me that the only creditworthiness at risk in this case is the guarantor's. Please don't give poor advice when you don't what you're talking about
Presumably both a debtor and their guarantor isk their credit rating in event of a default.0 -
arborlinden wrote: »You knew your leaving date on 25th September 2009.
You seem to be asking for advice on how to defraud your landlord of rent you clearly owe. This is not a good idea: your credit worthiness may be affected and for anybody who is not rich credit worthiness is essential for financial matters including housing throughout your life.
The OP was asking for advice, not codswallop!
It wouldn't necessarily affect their credit rating; only if it went to court and a CCJ was issued.
Also, they did not know the LEAVING date, they knew the date that the tenancy would have to be renewed. Unfortunately the LL changed their mind about a longer let. It happens sometimes.
OP, just speak to the landlord, and perhaps it would be to their benefit that you could leave early.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
If you Landlord has asked you to leave then. I am sure they will accept that you will need to move on. Why not suggest an earlyer move out which would free some money up for you.0
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Contact the landlord, tell them you have to chance to go now/release it .... or you having to put up a fight as you simply don't have the funds to leave. But do it in a nice/pleading way as reasonable people (not blackmail) and I'm sure you can thrash out an agreement.0
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