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

GDB2222

If the LL agrees 4 weeks, that's fine. Otherwise, two weeks after the notice period, the LA will probably issue proceedings, which has a costs implication. If the OP then leaves after the 4 weeks, I can't see any way for the LL to sue for breach of contract, ie for the remaining 6 weeks rent.

angrypirate

The lettings agent probably have a prospective tenant approach them asking for a typical property where where the OP is currently living. The LA probably is thinking there is an easy £1000+ to be made by evicting the OP on the grounds of breach of contract as soon as possible and getting the new tenant in. I expect the LA wil attempt to keep the entire deposit for rectifying the damage to the door and for cost of issuing the section 8 whilst raking in the fees for the new tenant. You'll probably find that the lock isnt even removed by the LA come the end of the tenancy. The LL may even contact you in the next few days following on from your letter in surprise at what the LA is trying.

QuantumSuccess

GDB2222 wrote: »

If the LL agrees 4 weeks, that's fine. Otherwise, two weeks after the notice period, the LA will probably issue proceedings, which has a costs implication. If the OP then leaves after the 4 weeks, I can't see any way for the LL to sue for breach of contract, ie for the remaining 6 weeks rent.

why not? Because I could turn around and say "well you are the ones who wanted to get me out ASAP" ?

silvercar

QuantumSuccess wrote: »

why not? Because I could turn around and say "well you are the ones who wanted to get me out ASAP" ?

That was what GDP2222 was saying, that the judge would throw out any attempt by the LL/ LA to get you to pay.

Sensible to get a surrender document to cover yourself. You don't really need a court case to defend yourself, however much in the right you are.

QuantumSuccess

I just checked. My deposit is protected by the TDS scheme, in the name of the landlord.

dancingfairy

Sorry to hear things are getting so agro with regards you fitting an extra lock as recommended by the police.
I would definitely have a word with Shelter on this one. I hope your new home is better and you feel more secure and happier.
I would also be trying to get some help from the police who advised you to fit the lock and also the fire safety people if possible. Also do get chasing up on your deposit - the communication you appear to have received so far doesn't imply to me (from what the others have said )that the letting agents are on the ball with this one.
Best of luck trying to get it all sorted in a sensible manner (hopefully the letting agents will start to be more reasonable).
df

westv

Perhaps there's more to it mentioned in the depths of this thread but, on the face of it, I just can't believe how the situation has got to this point purely on the basis that the OP added a lock to a door! How ridiculous. :eek:

GDB2222

QuantumSuccess wrote: »

I just checked. My deposit is protected by the TDS scheme, in the name of the landlord.

That's fine. There's an independent dispute resolution service.

GDB2222

silvercar wrote: »

That was what GDP2222 was saying, that the judge would throw out any attempt by the LL/ LA to get you to pay.

Sensible to get a surrender document to cover yourself. You don't really need a court case to defend yourself, however much in the right you are.

I would ring up and discuss it over the telephone. Then put a note of the discussion in an email, requesting that they let you know if they disagree. Just go through all the points you want to clarify:

1. They don't want rent for any period after you leave?
2. How much do they expect the locksmith will charge?
3. How about you leave in 4 weeks time without fuss and are helpful with viewings at reasonable times, and they hold off issuing proceedings until then to save costs all round?

On point 3, my view (I am not a lawyer) is that the LL can only claim costs from you if they win the court case. As ground 12 is discretionary, there is no certainty either way on this.

Regardless of their right or otherwise to show people round, you have an indisputable right to make smelly food whenever they want to do this and generally put prospective tenants off. So, there is a trade-off here.

QuantumSuccess

westv wrote: »

Perhaps there's more to it mentioned in the depths of this thread but, on the face of it, I just can't believe how the situation has got to this point purely on the basis that the OP added a lock to a door! How ridiculous. :eek:

I agree. It would seem to me that the LA (or LL) want me out and this is just an excuse for them to get me out, perhaps? Possibly they can get a higher rent from somebody else? But then it seems very odd indeed to serve this Section 8 notice instead of just refusing to extend my contract at the upcoming end of the AST....