URGENT advice needed. Letting agent threatening to change locks on my door

jjlandlord

QuantumSuccess wrote: »

I have another question. Given they've now served me notice, do I HAVE to stay here until the end of the lease period?

Could I leave earlier? It's just that I don't feel comfortable or even safe here anymore and I'd prefer to leave as soon as possible given the circumstances.

If I was to offer to leave a month before the lease expires - is that a possibility? Or would I still be liable for rent right up until the end of the AST period?

What's the wording of the notice you received?
What are the dates of your AST (start date, length of fixed term)?
When did they serve you notice? How?

Considering the issue you have with them and the notice period, I'm thinking that they may have served you with a section 8 notice using ground 12 (breach of contract, 2 week notice).

Whatever the notice, it does not end the tenancy. Therefore if you are still in your fixed term you cannot simply leave. If you are not it will still be wise to serve a proper NTQ.

puddy

if you do leave in 2 weeks simply because you have had enough, i would point out in a recorded letter to the landlord and LA their legal ignorance, take pictures of the property so they cant claim its damaged or dirty

QuantumSuccess

JJLandlord, it's a SEction 8, ground 12 - breach of contract, 2 week notice. The lease is up in 10 weeks time. The Section 8 notice was hand delivered this afternoon.

So basically I am liable for rent until the end of the lease term? Despite the notice to quit?

jjlandlord

QuantumSuccess wrote: »

JJLandlord, it's a SEction 8, ground 12 - breach of contract, 2 week notice. The lease is up in 10 weeks time. The Section 8 notice was hand delivered this afternoon.

Ah, I thought so.
Section 8 notices have a prescribed form (ie. a required template) so if they did not use it the notice is automatically invalid.

QuantumSuccess wrote: »

So basically I am liable for rent until the end of the lease term? Despite the notice to quit?

Yes you are in principle: This is not actually a notice to quit, and just allows the landlord to start court proceedings in 2 weeks. I don't think they have much chance of getting a possession order just because you installed a lock, though... And in any case to that route would push things back way beyond you term's expiry.

If you want to leave:
(1) send them a letter stating that following the notice you offer to surrender the tenancy on a given date. If they accept, ask to have a deed of surrender drawn. The tenancy and your liability will end on the date of the surrender.
(2) vacate by the expiry of the fixed term, notify the agent in writing and hand them the key. The tenancy and your liability will end at the expiry of the fixed term.

In both case you should arrange for the inspection to take place with you present.

I hope that your deposit is protected.

silvercar

send them a letter stating that following the notice you offer to surrender the tenancy on a given date. If they accept, ask to have a deed of surrender drawn. The tenancy and your liability will end on the date of the surrender

Who pays the cost of the deed of surrender?

jjlandlord

silvercar wrote: »

Who pays the cost of the deed of surrender?

A decent agent should have a template (ie. no actual cost involved) and if they want OP out quickly and easily they should agree to draw one at their cost imo.
Otherwise I believe templates are available online for OP to peruse.

At the end of the day it is in OP's interest to have such a document in order to prove beyond a doubt that her liability did end before the end of her fixed term, should the landlord/agent try something. So if I were OP I would not make trouble if they ask to pay some reasonable amount (ie. not more than what they ask to 'renew' the tenancy agreement) to draw it themselves.

silvercar

In the very first post, you said that the LA would expect you to pay for the cost of removing the new lock, so you need to reach agreement on that or it will be a deposit deduction.

GDB2222

The OP said the notice is on Ground 10, which is arrears of rent. I'm slightly perplexed by that, as she says she pays by standing order.

Cissi

GDB2222 wrote: »

The OP said the notice is on Ground 10, which is arrears of rent. I'm slightly perplexed by that, as she says she pays by standing order.

Having actually received the notice she states that it's Ground 12 (post #214).

GDB2222, you seem determined to assign some sort of sinister motive to the OP, but frankly, from all the information posted here, I don't think she's done anything to deserve the bullying behaviour of the LA!

QuantumSuccess

The notice itself is called SECTION 8. It specifies a "ground 12" and says I am in breach of my contract. At the top of the page it says NOTICE SEEKING POSSESSION OF A PROPERTY LET ON AN ASSURED SHORTHOLD TENANCY.

Beneath that it says:

NOTICE PURSUANT TO SECTION 8 HOUSING ACT 1988