Asked to leave our private rent HELP!!

d_rok69

my letting agent just called and i got just peed off with him so i basically just told him what i wrote in this letter

he still insists that we only get one months notice because i am unemployed and it is causing her to be in breech with her mortgage terms. I told him i am legally entitled to two months notice and even then i dont have to leave till a court order is served and his reply was oh so your going to be squatters? I told him squatters nothing i have a contract.

the LL isnt allowed to just call me and tell me to get out its her problem with the mortgage not mine and i want two months notice

he still insists one month notice and i have caused the problem by being unemployed

Angry_Bear

d_rok69 wrote: »

The contract also states that I am entitled to two month notice. After seeking advice from various sources including Shelter, a lawyer, Citizens Advice and an independent estate agent. I have been informed that I am legally entitled to two month notice which must be a written document and Shelter has advised that it should be within the rent period. Should I receive this in the current rent period the date to vacate would be 24 May 2012.

Also I'd suggest you remove this paragraph - or at the very least the last sentence. They can't give you two months notice to leave within your AST period - even if they gave it now you still wouldn't have to leave before 24th August.

Edit: I've just seen your post above - I'd also be writing a strongly worded complaint to the CEO of the company your LA works for - what a bully! (and liar)

G_M

Stop communicating with them. Waste of time.

Just ignore.

Nothing they can do till your tenancy ends whatver thy say think or hope.

Ignore.

chris_m

If you are 100% confident that your contract has no way by which they can evict you, I'd cut it down a heck of a lot, to just the basic salient points.

Dear sirs,
I have a contract until 24/08/2012 and, since I have broken no terms of that contract, will be remaining in the property and paying the rent when it is due until that date.
Any further communications on this matter from either yourselves or the landlord will be considered harassment, upon which I will be taking legal guidance.

Yours, etc., etc.

Then either ignore any further communications or report the harassment.

Oh, and change the door locks so they can't get in should they try.

Chuddles

Some great advice on this thread, and good work to the OP for sticking to your guns!:)

The only thing I'd add is if either the LA or LL call you again ask them to put the threats they're making in writing. A hard copy of the lies they're telling you would be handy for any complaints you want to raise in the future.

Judith_W

Don't mention two months notice for leaving in May. This is not correct - they must give you two months notice but to leave in August.

pinklady21

Edit your post above with your draft letter to take out the landlord's name... this is an open forum, you don't really want them to read all this and know it is you, do you???


And I agree with the previous poster, edit down the letter completely to th salient points ie hat you have a contract until August and do not wish to leave prior to then - the matter about being employed or not is irrelevant. They are simply trying to use this to intimidate you.
And certainly request that all future communications with you are in writing.
With luck that will put their gas at a peep.

Clearly they knew enough about the law at the beginning of the tenancy as they knew to serve the AT5 notice on you - they are just chancing it now that it suits them to try and get you out early without going through the proper and legal procedures.

rpc

chris_m wrote: »

If you are 100% confident that your contract has no way by which they can evict you, I'd cut it down a heck of a lot, to just the basic salient points.

Dear sirs,
I have a contract until 24/08/2012 and, since I have broken no terms of that contract, will be remaining in the property and paying the rent when it is due until that date.
Any further communications on this matter from either yourselves or the landlord will be considered harassment, upon which I will be taking legal guidance.

Yours, etc., etc.

Then either ignore any further communications or report the harassment.

Oh, and change the door locks so they can't get in should they try.

That's better, but remove "since I have broken no terms of that contract, " because breach of terms is not normally remedied by termination of the contract.

I would also refer to a "Short Assured Tenancy" rather than a "contract".

pmlindyloo

If you do want to move out then you might also want to mention the bit about surrendering the tenancy but with financial compensation.

Angry_Bear

d_rok69 wrote: »

I am writing in reference to my contract in relation to my address

As you are aware I have been contacted my LL who owns the property asking us to vacate the premises by 25 April 2012. It has come to light that LL has sold the property and the sale is in process with the new buyer. Please be aware that I have no intention of leaving the house any earlier that 24 August 2012 as per my short assured tenancy.

The tenancy agreement contains no terms that state I have to be employed to stay in the house and I would like to stress that any issue LL has in these areas are between her and her mortgage/insurance provider.

It is unclear who I should actually be talking to in relation to this, so to avoid all confusion I would like all communication be in writing between Remax and myself. All communication from LL should come via Remax.

As LL has stated she has a desire for me to vacate the premises I am willing to negotiate an early surrender of the property but only if I am appropriately compensated.

I look forward to your response

Yours sincerely

Suggested trim on your draft letter - keeps the important points but loses the rest. I understand the urge to explain yourself but you really don't need to - they are in the wrong .