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Been given notice need advice please..

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  • sirmosh
    sirmosh Posts: 701 Forumite
    Jelly*baby wrote: »
    Thanks. I have been trying CAB since this morning but no joy, My local one is booked for the next few weeks and the drop in service is in the next town and apts only which would be good if they answered the phone (been trying now for about 3 hours! nothings easy is it!

    Our bond is £2k the same as the rent due so if we dont pay this months we will have gained some but its not about the money its the quality of the house.
    Thanks

    I wouldn't not pay your rent, the deposit isn't to cover rent if you do a runner, it's to cover damage to property or included items. You may find that at the end of the tennancy they'll come after you for the unpaid rent and take part of the deposit for other things anyway.
  • Jelly*baby
    Jelly*baby Posts: 131 Forumite
    Thanks for the replies.

    Ok we wont withhold the rent but are you all honestly saying that if you paid a large amount a month like we do and had to put up with weeks of being ignored the then be told to leave because basically the landlords cant be bothered to fix it you would all sit back and leave it to that? Basically they get full rent while we get screwed right over woth large parts of the house not working? Still cant get hold of CAB useless.
  • Jelly*baby
    Jelly*baby Posts: 131 Forumite
    Damage to property?? thats a laugh.
    When we moved in here nothing was done loads of photos given to us and the rest of it left up to us like cleaning the house, sorting the garden etc so any damages are going to be thrown straight back to them as we have done so much to this house all for their benefit.


    sirmosh wrote: »
    I wouldn't not pay your rent, the deposit isn't to cover rent if you do a runner, it's to cover damage to property or included items. You may find that at the end of the tennancy they'll come after you for the unpaid rent and take part of the deposit for other things anyway.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    edited 12 April 2012 at 2:38PM
    sirmosh wrote: »
    I wouldn't not pay your rent, the deposit isn't to cover rent if you do a runner, it's to cover damage to property or included items. You may find that at the end of the tennancy they'll come after you for the unpaid rent and take part of the deposit for other things anyway.

    The deposit is a security against the tenant not fulfilling his obligations: so to cover both unpaid rent and damages.


    Jelly*Baby, you got pretty much all the advice you could get at this point. Try to calm down and see if you do get an actual notice.
    In any case, as suggested it might also be a good idea to start looking for a new place.
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Ok we wont withhold the rent but are you all honestly saying that if you paid a large amount a month like we do and had to put up with weeks of being ignored the then be told to leave because basically the landlords cant be bothered to fix it you would all sit back and leave it to that? Basically they get full rent while we get screwed right over woth large parts of the house not working?

    I agree it's totally rubbish. And if you were in a fixed period there would be plenty you can do. But the timescale left makes it difficult to get any real benefit.

    If I were you, I would concentrate on the finding a new place. You have a one-period notice period, so if you are quick and the dates work you might be able to be out before the LL's notice even expires.

    I would also refuse all viewings whilst you are in occupation, as you are allowed to do.

    I can think of plenty of unlawful ways to get back at the landlord, but I'm not going to suggest them.
  • Jelly*baby
    Jelly*baby Posts: 131 Forumite
    I now that but in a way where do we stand with a house we pay for that wasnt what it was to start with? It is damaged as such but they seem to just be able to get away with it?
    I have calmed..a bit! i managed to get a CAB apt and they say its not on so will see. The 5 agencys in our town have nothing but one which i wouldnt put a dog in and i dont even like dogs!!

    jjlandlord wrote: »
    The deposit is a security against the tenant not fulfilling his obligations: so to cover both unpaid rent and damages.


    Jelly*Baby, you got pretty much all the advice you could get at this point. Try to calm down and see if you do get an actual notice.
    In any case, as suggested it might also be a good idea to start looking for a new place.
  • Jelly*baby
    Jelly*baby Posts: 131 Forumite
    Lol oh trust me i have been thinking!! My oh works in property will no doubt hear his opinion on this when he gets home!!

    I agree it's totally rubbish. And if you were in a fixed period there would be plenty you can do. But the timescale left makes it difficult to get any real benefit.

    If I were you, I would concentrate on the finding a new place. You have a one-period notice period, so if you are quick and the dates work you might be able to be out before the LL's notice even expires.

    I would also refuse all viewings whilst you are in occupation, as you are allowed to do.

    I can think of plenty of unlawful ways to get back at the landlord, but I'm not going to suggest them.
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    Jelly*baby wrote: »
    Ok we wont withhold the rent but are you all honestly saying that if you paid a large amount a month like we do and had to put up with weeks of being ignored the then be told to leave because basically the landlords cant be bothered to fix it you would all sit back and leave it to that? Basically they get full rent while we get screwed right over woth large parts of the house not working?
    Well in theory there is a tedious procedure you can go through to get repairs done as mentioned above by princeofpounds (Lee Parker vs Izzet). However in reality that's pretty useless as a tenant seeking to enforce their rights can just be served a Section 21. This is called retaliatory eviction. Shelter did a campaign about it a while back but while the law stands as is there is nowt a tenant can do about it. I suppose you could try to get some money back for disrepair but that would probably just make them retaliate by trying to claim damage against your deposit. Hopefully you reported all issues in writing so you can argue your corner.
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    Jelly*baby wrote: »
    Lol oh trust me i have been thinking!! My oh works in property will no doubt hear his opinion on this when he gets home!!
    Well if you have to suffer viewings (and you can refuse) then you can helpfully point out to the viewers the features in the property ;)
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    You don't need the CAB: you have received correct advice in this thread already. Once you are out of your fixed-term a landlord can give you notice at any time for any reason they like or no reason at all. My own feeling is that the landlord is not selling this property, you have precipitated this situation for yourselves by threatening to withhold the rent. There are ways and means of getting necessary repairs carried out but not paying the rent or threatening not to pay it is not one of them.

    Come back to this thread once you have been served with a Section 21 Notice.
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