Tresspass

Kaminari_2

We gave the landlord 2 months notice of leaving, a month more than we should have. We sent the notice recorded so we know that they got it. The property had a leaking roof and a wall in the living room was covered in mould and the landlord did not seem interested in fixing it.
We have now moved out and notified all the utilities.
When we contacted the council tax office they say that the landlord says our tenancy has not finished which makes us liable for Council tax until the landlord tells them otherwise.

I have written the landlord a letter stating that if they believe that the property is still under tenancy to us and they have been accessing the property, they are tresspassing as we have not recieved notice of their access.

Who would i need to report the trespassing to?

rosysparkle

I need a little bit more information.

Was your tenancy an Assured Shorthold? Were you permitted to give notice - ie had you come to the end of a fixed term tenancy or were on a periodic?

Kaminari_2

Assured Shorthold for one year with a 6 months no break clause. We moved out at the end of the 6 months.

I know the reason why we moved out is probably not much of an issue but the landlord refused to fix a ceiling to floor, 4 foot wide damp wall that was covered in mould. The patch also had a power point hanging out of the middle of it. So between water in the electrics (a big spark came out of the powerpoint, water was coming out of a socket in the kitchen for a while and the lights kept blowing) and the mould we could have probably moved out earlier due to the property being unsafe but wanted to do it all properly. The landlord says they have never recieved our notice.

rosysparkle

A six months NO break clause?

sanfrancisco

rosysparkle wrote:

A six months NO break clause?

means the contract is for one year, but you have the option of leaving after 6 months.

This does sound weird. I would send the council a letter saying you have moved out on such and such a date, and you are now living xyz, and that Mr Landlord who lives at xyz should be contacted re the CT from the date you moved out. I can't believe you have to wait for him to inform them.

missk_ensington

If you signed a 6 month tenancy, you are liable for the full 6 months regardless of how much notice you give, in writing or otherwise. The OP has left after this 6 months, but take note if anyone else is in same situation! When I worked for my Mum I was in court every farts end because of this!

The reason for this (my Mum has endless problems with people leaving after 3-4 months because they've got back with their ex or can't afford it, or split with their boyfreind) is that tyhe Landlord then had to re-advertise, and possible risks the property being empty with no rent coming in and its no fault of their own.

He could issue legal proceedings against you to claim unpaid rent for the remainder of your contract, although in practice many Landlords don't bother chasing good money after bad considering the legal fee's, court charges etc etc.

Kaminari_2

Your right san fran.

I have spoken to the council and they say that the landlord has contacted them and that our tenancy hasn't finished so haven't moved out. Even though we have another property in the borough. As the landlord will not confirm that the tenancy has ended we still have to pay.

What i am trying to establish is that if the Landlord believes that the tenancy has not ended and they are accessing the property without giving us notice than isn't that tresspass?

lush_walrus

Tresspass falls under the law of tort and is a civil wrong, rather than criminal, so basically it is not for the police to investigate. To action tresspass against someone you would need to basically sue the tresspasser.

Kaminari_2

We gave 2 and a half months notice and stayed the full six months just like our contract says. Even though the property was a danger to our health.

rosysparkle

A six month break clause means you can move out with the appropriate notice, but the OP said a NO break clause, and the tenancy was for a year not six months.

If you can show a copy of your tenancy agreement to the council with the break clause on which you relied highlighted, and a copy of your notice and proof of delivery, your council should accept that the tenancy has ended.

If you report the landlord for trespass you would have to show that the tenancy is still in force, giving him the option to sue you for the rent.

Did you check on the royal mail website to see if your recorded letter was delivered?

missk_ensington

PS. Why is the Lanlord arsed about the Council Tax, I didn't think you had to pay anyway for an unoccupied property?!?!