2 months to vacate, what are my options?

ikkare

Simple story:
I'm 6 months through a fixed term 12 months contract, with option for LL and I to end it after 6 months (giving 2-month notice).
A white good broke and the landlord agreed to replace it within 2 weeks.
One day he unexpectedly shows up with workmen without notice and requires access to replace the white good. My pregnant wife who's studying for her final exams, rushes to empty the fridge and let's them in.
I was on a meeting at work and noticed I have missed 2 voice mails from him an hour and half before he went to the property, saying he can't cancel the delivery (he told my wife it'll cost him £50) so he'll go on and access the property.

So I spoke to him later, politely thanked him for the fridge but also expressed that I'm not really happy about the short notice and the disturbance to my pregnant wife.
I said he should have given us at least 24 hours notice (as stated in tenancy agreement) so we can de-freeze and be ready for him.
He claims he emailed me a week earlier (impossible I have push notifications on iphone and I haven't received anything from him).
SO I sent him an email with all our possible contact details requesting he please give us 24-hour notice next time as per TA.
He replied to my email with a Section 21 (1) (b), posted a hard copy in our letter box next day and instructed our Letting Agent to serve us with a notice which they did by hand in letter box.
None of these notices have been posted.

Problem:
- we will be out of the country next month for family reasons, so we can't cancel, which reduces our 2 months to much less time to find a house
- my wife is pregnant and the move is going to be extremely stressful to her, but also impacts her studies
- we agree peacefully leave but I'm afraid this will impact our reference checks for the next property if they require to speak to him. He could in fact invent anything judging from his behaviour.
We have never ever defaulted any rent in our lives, and always kept any rented place immaculate.
We are always reasonable and polite, but I'm afraid this could have an impact on my next application for accommodation.
How can a tenant protect himself from this "abuse of power"?

G_M

I'm afraid you agreed to "a fixed term 12 months contract, with option for LL and I to end it after 6 months (giving 2-month notice). "

There's no abuse of power. You could have given notice after 6 months, forcing the LL to go through the time-consuming and costly process of finding a new tenant, just as he can give you notice.

What you are really unhappy about is the breakdown in the relationship that has resulted in his decision. A shame, but these things happen, and I'm sure there are 2 sides to the story.

You are also unhappy about your dependance on him for a reference. As with job references, there's not much to be done here. Employers/landlords etc sometimes give unjustifiably good references in order to get short of someone, or bad references where they are unhappy with an individual. Human nature, and very hard to legislate against.

Brb

It can be a bitter pill to swallow. To lose your home for simply asking for your rights to be accepted and respected.

I will always say though that it is better to negotiate with your LL than to enforce any right that is put in place to protect tenants against rogue LLs. For example, my LLs live well over 2 hours away, LLs are not allowed to discharge their repair duties to the tenants but seriously am I going to make them either hit yellow pages, come here etc when toilet went ? no I told him what was wrong, got quote and sorted it. You LL was after all doing what he thought was in your best interests it wasn't simply an inspection.

I do honestly feel for you though and with regard to a reference, it's generally a good thing for a LL to get a reference from last your LL before this one (current LL could always lie about bad tenants just to get rid, I'm not saying you are a bad tenant, I'm just stating why it's in best interest for prospective LL to get ref from previous not current LL).

girleight@

When you find somewhere you need a reference for you could point out to him that you will have to stay and let him take you to court if you can't get a good reference. Although how you would do this subtly and without enraging him I don't know.

N79

G_M wrote: »

I'm afraid you agreed to "a fixed term 12 months contract, with option for LL and I to end it after 6 months (giving 2-month notice). "

There's no abuse of power. You could have given notice after 6 months, forcing the LL to go through the time-consuming and costly process of finding a new tenant, just as he can give you notice.

What you are really unhappy about is the breakdown in the relationship that has resulted in his decision. A shame, but these things happen, and I'm sure there are 2 sides to the story.

You are also unhappy about your dependance on him for a reference. As with job references, there's not much to be done here. Employers/landlords etc sometimes give unjustifiably good references in order to get short of someone, or bad references where they are unhappy with an individual. Human nature, and very hard to legislate against.

I'm not sure that there is anything that can be added to this really. I suspect that the LL felt that you threw back in his face his attempts to help you and be a "good" LL and hence decided he just doesn't want to deal with you anymore. Perhaps he felt that you threatened him during the phone call?

Not very professional perhaps but thats life. Your options are to move out in accordance with the request to preserve your reference (which you can always agree with the LL in advance in return for, say, agreeing to support reasonable viewing requests) or you can wait for the LL to get a court order to evict you (which will definately remove all possibility of a good reference).

Eton_Rifle

I'm sorry for your situation but it seems perfectly fair to me.

He gave you notice because you gave the impression you were a slightly awkward tenant but equally, you could have given him exactly the same notice because you don't like the next door neighbour. It cuts both ways.

I'm just joking here but as for the pregnancy, inconvenient though it may be, if you read his forum for any length of time you'll discover that most female tenants with problems here seem to be either about to give birth or have babes in arms.

If some extenuating circumstance clause could be invoked (for this known and planned event) then the whole rental market would grind to a halt in about five minues and never get on its feet again.

We tenants would all be gridlocked into our homes because some woman somewhere is pregnant / has a newborn / is pregnant again and her tenancy rights override all the rest of us!

Turnbull2000

If you want a secure home, then buy. If you can't, them I'm afraid insecure homes are just a fact of life for private tenants, particularly if you start asking for repairs.

lily_livered

Will the landlord want to re-let or sell? I'd be concerned with your being out of the country if he was to let himself or an agent in to do viewings in your absence. For the reference, I'd just explain what happened to the next landlord or agent, I'm sure they're used to retaliatory evictions, you could get a reference from your previous landlord too and show them a copy of your complaint email which is hopefully nice and polite? Personally I'd cancel the visit abroad to concentrate on moving.

neverdespairgirl

Start with the basics.

England and Wales?
Deposit? If so, protected in a scheme?
What does the contract actually say about notice?
When is the rent day?
What day was the s.21 delivered?
When does it purport to expire?

Doozergirl

neverdespairgirl wrote: »

Start with the basics.

England and Wales?
Deposit? If so, protected in a scheme?
What does the contract actually say about notice?
When is the rent day?
What day was the s.21 delivered?
When does it purport to expire?

:T Thank you!

ikkare

Hi All and thanks for all your replies.
Here is the additional information requested:
- England and Wales
- Deposit is protected in a scheme
- fixed term 12 months contract, with option for LL and tenant to end it after 6 months (giving 2-month notice). Expires 23 March 2011
- rent due 23rd of each month
- notice was delivered in letter box by agent 22th sept (but LL sent email on 20th sept that he wishes to end the contract)
- s.21 expires 23rd November
- Unfortunately the trip can't be cancelled