Need help with landlord trying to end tennancy after 1 month

quintwins

Are you sending it to the address you have on an email? If so I would say something along the lines of please respond as I am unaware if this is your address and if not you are legally obliged to supply one or the rent Is not due .......

chris_m

GtiTory wrote: »

alternatively we would move if £xwas paid for each month we do not stay in the property so if we vacated on the5th August as you have requested, £x is to be expected to cover August, £x for September, £x forOctober, £x for November which is equal to £x plus the deposit of £x.

I wouldn't include this bit TBH - possibly hint that you might consider surrendering the tenancy if a suitable financial incentive were to be offered along with early return of deposit, removals costs, etc., but offering no detail whatosever. Leave that to the LL to make the offer.

GtiTory

Chris, how should i word it?

chris_m

GtiTory wrote: »

Chris, how should i word it?

I'm no expert but I'd think something like;

"We might consider an early surrender of the tenancy if you were to offer an acceptable cash incentive to recompense us for the inconvenience of having to move earlier than we had planned - in addition to an early return of our deposit (which we would need to place a deposit for replacement accommodation), our removal costs and letting agency referencing fees."

Anyone else got any suggestions for improvement or anything I may have missed? A reference would be nice to have but I doubt it'd be a good one so not sure if its worth asking.

Werdnal

GtiTory wrote: »

I am writing this letter in regards to recent correspondence from you regarding your requests to end my tenancy agreement earlier than anticipated.

As you are aware, this is an assured short hold tenancy which is for a fixed term of 6 months, and currently only 1 month has passed since this tenancy began on XXX (date). If you require to end the tenancy, any notice you issue will not be effective until the end of this 6 month term.

As I do not currently have a written address for serving notices to you, under the regulations of the Landlord and Tenant Act 1987, my rent is not due until a valid postal address in England or Wales has been provided. I will therefore retain my rent until such an address is provided in writing, when all rent due until that date will be paid.

Please also be aware that I will not accept any viewings of this property at any other times apart from 3-5pm on a Saturday and 9-10am on a Monday. I would request confirmation of any viewings made during these agreed times be provided to me 24 hours in advance of that viewing, and should such confirmation not be received and acknowledged by me, then I reserve the right to turn any viewings away. As my tenancy allows me exclusive possession of the property, I am within my rights of "quiet enjoyment" to refuse all viewings, so my offer of these time slots is not negotiable.

For future reference I will not accept any text correspondence regarding any aspects of my tenancy. All correspondence should be made in writing to this address.

I would also like to confirm here in writing my earlier report that the plug is broken in the bathroom. Under the tenancy agreement we both signed, I am obliged to advise you of this issue and remind you of your obligation as a Landlord to attend to such repairs in a timely manner.

I have made some suggested amendments in red above. Hope you don't mind. I am happy for others to further correct/adjust my additions if they see fit. IMO the secret of these things is to keep it brief, to the point and not allow any wriggle room for the LL. You are in a strong position here as youhave a valid tenancy agreement and have done nothing what so ever to breach it. I don't think you need the paragraph with the £'s in, just leave that one out!

Don't expect this to be the last you hear about it - with LLs like this is can be a long struggle to make them understand they cannot just make the rules up as they go along! Light blue touch paper and retire to a safe distance!

princeofpounds

Here are some ideas for starters. Generally, be as precise and as brief as you can. And you seem afraid to refer to yourself and your decisions, referring to yourself in asserted generalities instead.

That's a confusing style because you miss out the pronouns... eg 'There is no intention' could mean various things

I am writing this letter in regards to recent correspondencefrom you regarding ending the tenancy agreement earlier than anticipated.

What correspondence? This is in regards to a specific text message? Then be specific with a date at the least.

As you are aware, this is an assured short hold tenancywhich is for 6 months and there has only been one month completed from theminimum 6 months. I cannot be given notice during this period apart from atmonth 4, and this is a 2 month notice period.

I would only use the first sentence. The second sentence is unnecessary and not quite correct. You CAN be given notice at almost any time, but the notice cannot expire before 6 months (assuming a standard S21 process).

There is no intention to leave the property until the 1stDecember 2012 as stated on the contract, alternatively we would move if £xwas paid for each month we do not stay in the property so if we vacated on the5th August as you have requested, £x is to be expected to cover August, £x for September, £x forOctober, £x for November which is equal to £x plus the deposit of £x.

Consequently I do not intend to leave... (because it is YOU who has the intention - again, be precise).
.
.. until the end of the contract... (You don't need and shouldn't specify any more than you have to)

Similarly, I would personally not go into detail on a financial settlement for early surrender unless you have established it is even an option. Certainly your logic here is not particularly precise or well-justified so I would not take that approach.

Alternatively there is no other alternative but to leave usin peace for the remainder of the tenancy. With a valid Section 21 notice to beserved when required; ie at month 4 of the tenancy.

Again, why outline the S21 notice to the landlord? And don't use alternative twice. There are always alternatives, just not legal ones. I would say something like this:

We would therefore appreciate you leaving us with quiet enjoyment of the property until the conclusion of our tenancy agreement through the appropriate notice.

As I do not currently have a written address for servingnotices to you all rent is not due until a valid address has been provided.This is part of the Landlord and Tenant Act 1987

... the rent...

I would add: Please provide me with this address and I will ensure that t

Please also be aware that viewings to this property will notbe taking place on any other times apart from 3-5pm on a Saturday and 9-10am ona Monday.

...future viewings...
Add: ...through the remaining duration of the tenancy.
Do you want to specify a minimum notice period?

For future reference there will no longer be textcorrespondence, only formal letters to this address. Currently you are notallowing me “quiet enjoyment” of the property.
I am also making you aware that the plug is broken in the bathroom. Under the tenancy agreement we both signed, I am obliged to advise you of this issue and your obligation is to fix it.

Please communicate only in writing to this address in future, further text correspondence will not be entered into.

Scratch the sentence about quiet enjoyment here. The landlord is not really spoiling your quiet enjoyment until they harass you or let themselves in unannounced.

The plug should be a new paragraph.

GtiTory

(This is what I needed/wanted- thanks!!)

tbs624

Agree with comments by Werdnal and PoP - I wouldn't mention potential negotiation on an early surrender at this stage.

You may want to consider adding the words "cc: PRS Tenancy Relations Officer, Your Town Council" to the end of your letter OP, and then sending a copy to the TRO with a brief covering note.

PRS Lls who acts as yours appears to be doing need to be made aware that they cannot simply act as they please and it *may* need intervention from the TRO to make them understand that.

tealady

Hi
You might want to download details of the register (ie land owner) from the land registry (about 4 or 5 quid I think). This may tell you if there is a mortgage on the property. If there is has the LL got a "buy to let mortgage"?

GtiTory

Hi there, Sorry to ressurect but have now had further threats from landlord.
I sent the letter- but without the witholding rent part as my TRO said don't threaten to withold rent.

Got another text today saying there is a viewing at 2pm on Saturday, and that the checkout will be done on the 5th Aug at 10am.
I have replied saying please see my letter.
They then called me (oh yeah won't answer my calls but expects me to answer when they call)

I said I would not be moving on the 5th Aug, but the landlord has advised they will make me move as they will involve the Police.
I said I have a 6 Month assured shorthold tennancy
Their reply was, "well I do not have a copy of it so therefore it is null and void- I can now serve you 4 weeks notice"
I said but I have your signature on it, initially they made out I had forged the signature but then said well its a photocopy of the signature from the tennancy document to the previous tennant.

I had the lock BARREL changed, I actually did it myself it was that easy.

We don't have 2 months rent and a months rent deposit handy and £185 x 2 for credit check fees so theres no chance we can move out any time soon.
I actually spoke to the Housing department at my local council and they have actually laughed at whats happened. As technically we could be homeless if this contract doesnt stand.

Surely if I have a copy of a contract, all 12 pages of it, and with both my signature and the Landlords. That is a legal binding document.

Oh and sending the letter to the address they stated (ie my address) has obviously spoiled their plans to make me look like a fool.