Landlord forced me out of flat but wants full rent!?

Svenena

You can't just move out at the end of the month - you'll still be liable for the rent until you've given the correct WRITTEN notice, which is one month, to coincide with the rental period (eg if you moved in on the 2nd of the month, you're rental period is 2nd of one month until 1st of the next, and you'd have to move out on the 1st). If you really don't want to give up the new place, I'd suggest giving the correct notice, paying the rent as due, and borrowing from someone or somewhere to be able to pay the rent on both places for one month. I'd also try and push back the date for the new tenancy to start, so there's as little overlap as possible.

DVardysShadow

may_fair wrote: »

N.B. If LL serves notice on you, you still need to serve NTQ to end the tenancy; if you don't, the tenancy will continue until the LL obtains and enforces a possession order.

Really? Has that ever been upheld in case law? Does it have a statutory basis?

'Cos it looks to me like you have the wrong end of the stick.

jjlandlord

may_fair wrote: »

N.B. If LL serves notice on you, you still need to serve NTQ to end the tenancy; if you don't, the tenancy will continue until the LL obtains and enforces a possession order.

Perhaps, perhaps not.

nikkikitch

Id still be liable for a months rent even though he told me to leave as soon as possible?

And id still have to give notice even though he told me to leave ASAP?

IronWolf

Unless it was in writing, sorry but you are liable for rent.

Your only option in my opinion without paying out a lot of money is to remain where you are and pay the rent. If the LA doesnt give you a good reference maybe the new place will reject you and you'll get your deposit back??

In order to legally evict you they must serve an official section 21 notice, if it isnt served then you have no legal obligation to move out of the flat. Even if they ask you to vacate in writing, it has to be a section 21.

BitterAndTwisted

"Told" you is not the same as having official notice given to you in writing. It seems to me that this landlord and their agent want their cake and eat it. They want you to leave the property but only at a time that suits them and meantime you are liable for the full rent.

It's time that you put all of your negotiating skills into action. If they haven't served you with a Section 21 Notice tell them that you have no intention of leaving the property until they have secured a court order, and even then, you don't have to leave until the court-appointed bailiffs are at the door. Ensure that they are aware you know this. Unless this alleged buyer is a professional landlord purchasing the property on a Buy-To-Let mortgage they will not be able to proceed with the sale unless the property is vacant.

Time to play hard-ball

jjlandlord

BitterAndTwisted wrote: »

"Told" you is not the same as having official notice given to you in writing.

Stricly speaking there is no need for official notice (e.g. section 21): One party can offer to surrender the tenancy and the other party can accept.

If OP cannot prove that that what happened, then the tenancy is unaffected.

EclipsedMind

nikkikitch wrote: »

Id still be liable for a months rent even though he told me to leave as soon as possible?

And id still have to give notice even though he told me to leave ASAP?

Whilst you may have been told they are now denying that and you have no proof this event occured. Without them servig proper notice on you or you on them the contract is still in force and would be upheld.

As others have said you are best to try and push back your move date on the other property or let it go and give notice on your current place. As you are dependent on the reference from the agency you are in a bit of a tight spot. Not paying your rent could end very badly with you being pursued legally for it with all the crap that brings.

I assume you have a deposit to come back when you leave - will that help you with the costs on the new place and is it just a small cash flow problem due to timing?


EM

oldone_2

Time to go on the offensive. Tell the L.A you cannot move until they give a reference for the new property. If they don't give a reference you are staying put until they obtain a court order. In the meantime continue to pay the rent when due.

G_M

OK lets separate out two things:
1) Reaching a mutually acceptable agreement with the landlord/agent
2) Using the statutory (legal) rights and obligations.

1) is ALWAYS preferable. They want you to leave. You've found somewhere you like and paid some preliminary fees. So - talk to your current landlord/agent and reach an agreement that you will move out on xx date when you new place is available (provided they help with a reference!) and that your existing tenancy will be ended on that that. You pay rent up till that date. Provided both sides agree (and get it in writing to avoid any misunderstanding) then everyone is happy.

2) if you cannot reach agreement, then the current LL/agent can make you pay rent untill the tenancy ends. It ends when either
a) the LL gives YOU 2 full monthly rent periods notice in writing (S21), OR you give him one full monthly rent periods notice in writing
Since it appears neither a) nor b) has been done, you cannot be made to leave but you must continue to pay rent.

I highly recommend option 1) above!