Changing the date of vacating the property (tenancy)

Ms_Sophia

Thanks guys.
However to enforce this 1737 act he'd have to go to court, and a lot of judges don't even know about that act, as it's mentioned on many landlord websites.

If the LL will decide to be as strict as poss and withhold a deposit or smth, can I use against him the fact that he never informed us about where he'd put our deposit, in which deposit protection scheme? We asked and we asked, he was saying "the notice is coming" but it never came. We are sure he never put our deposit into any protection scheme at all. He also never provided us with any electricity certificates or anything like that. Overall, he didn't do anything which a LL has to do, acc. to the law. Although in general he is ok, he arranged fixing a boiler repaired when it stopped working, but this was about it regarding what he's done as a LL.

jjlandlord

Ms_Sophia wrote: »

However to enforce this 1737 act he'd have to go to court, and a lot of judges don't even know about that act, as it's mentioned on many landlord websites.

Well as you said, if he decides to action this law he could just deduct from deposit.

If the deposit is indeed not protected, then you may need to go to court to get what you think you are due back.
Before that, when your tenancy has ended and if deposit is not returned, I would suggest that you start by sending a letter to the landlord demanding the return of the deposit and mentioning the penalty for non protection of deposit (this has not much teeth but may still sway the landlord).

birduk

Sophia, setting asside the legalities for a moment, have you thought about the other parties in this?

There is a tenant that is waiting to move into the property that is expecting to move in ONE WEEKS time. You have now decided that you don't want to move. They have probably got all their stuff in boxes and have already given notice on their current place. Yes, that is possible. As rentals move so quickly most people give notice, then find a place in that month- this way voids are reduced for landlords who don't want to wait around for a month whilst their property is vacant.

The landlord has done everything correctly and accepted the notice YOU DECIDED TO GIVE! Not them. Now you want to stay, not even a full month and accept part of a months rent. Can you see why they might have a problem with this? It isn't their fault you didn't do your sums. Personally I wouldn't have given notice on my old place until I actually had the keys to my purchased new home- you only have to read the horror stories in this forum to know how badly exchanges can go wrong on new builds.

You have the right advice on the legal side of things from artful, but please consider the moral aspect!

Edit to add that my you chosing not to move, you may well leave this other tenant homeless.

Ms_Sophia

I have considered the moral aspect. We are ourselves are sitting on the boxes. But I am not going to move out to the streets because the developer of the new build lied to our faces confirming the completion date which is now no longer feasible, ok?

If anything, we have lived in this apartment for 3 years, never cause a single issue or asked our LL for anything, always paid on time etc. Since we gave notice he put an ad on gumtree, came to 1 viewing and that person wants to rent it now. We told him during that viewing that the date might change and he was ok with it. So our LL didn't go to huge lengths to find this tenant, he didn't pay an agency, or spent weeks & weeks on viewings etc. Although the situation is far from ideal but he can re-negotiate with that potential tenant or still find another tenant. After we've been absolutely perfect tenants for 3 years - he could compromise a bit, I'd think. We've apologized profusely to him and offered our help with the viewings - said we could show the apartment ourselves, so he wouldn't have to come here if he doesn't have time etc. So we've done all we could do.

jjlandlord

Ms_Sophia wrote: »

Although the situation is far from ideal but he can re-negotiate with that potential tenant or still find another tenant.

Of course you will cover all associated costs, right?

Ms_Sophia

He is not incurring any extra costs cause he arranges the viewings via gumtree, doesn't pay any agency or anything like this.

Also, why would I have to do everything by the book, if he has not been doing so? He didn't protect our deposit, he never provided us with any electrical or gas certificate. He also never informed his bank that he's letting this apartment - didn't get a consent to let or change into a BTL mortgage. Basically he's hiding the fact he's letting this apartment. Am pretty sure he's not paying any taxes from this addit. income either. So if we have to do everything acc. to the law, then maybe should we inform his bank he's been letting his 'residential' flat?

Ms_Sophia

Guys, I was not asking about your views on my personality We've discussed the moral aspect, so let's move on, shall we?
This is a moneysavingexpert forum, so I'm more interested in the legal side of things.
Thanks for all advises in this area.

ic

I'd expect the builder of your new home to be footing the bill for you to live somewhere in the mean time. They have caused the problem here, not your landlord. They've signed on a contract, but are now failing to meet that contract. What does your solicitor have to say on the matter? Have you spoken to your landlord about perhaps extending up to the point the new tenant moves in - there might be an empty week or so? Can you put your stuff in to storage and live with family for a few weeks?

You might have suspicions about your landlord and how he arranges his financial affairs, but frankly that is none of your business and does not justify you refusing to leave - clearly you must have been happy for three years, or you would have left long ago. He may not have protected your deposit - but why wait until now to raise this? You should have pushed on this one from day one and refused to sign the contract until he protected your deposit. Also to say "he won't be incurring any costs" - he'll be arranging things, contacting people, doing everything the agent would otherwise do. His time is his cost.

Speak to your solicitor and see about getting the developer to cover the weeks past the agreed move in date. Push on the developer, not your landlord.

chappers

Ms Sophia I feel for you moving house is stressful enough.But by wanting to extend your leaving date you are causing stress to your LL and his future tenant, he may struggle to find another tenant quickly and what are you going to do when the builder says sorry your place isn't going to be ready on the 19th and your LL loses another tenant.

Ms_Sophia

The tenancy contract is signed first, then a landlord is supposed to protect the deposit. So it's not possible to refuse to sign a contract because the deposit is not protected yet. He said he'd protect it, and it was mentioned in the contract, so we signed the contract. After that we followed up several times, but to no avail.

Agree, his financial affairs is his business. But he wasn't doing everything by the book even as a landlord, so we've had to compromise a lot. That was my point - if we've had to compromise a lot with him, he could as well compromise now.