Can LandLord do this?

Mrs_Optimist

Just had a call from a distressed family member who was served S21by her Landlord a few weeks ago. Tenancy expires as a result at beginning of Sept. I understand she was given 2 months notice. She has managed to find a property in the area she wants (near her DD school which she is due to start in September) and it is available from Aug 7th BUT the Landlord states that she still has to pay rent for the full notice period, even though the Landlord terminated the AST, as the Landlord is in financial difficulty and needs the additional rent money to top up her mortgage. This means Counsin will be payying rent on two properties for one month which she cant afford to do. Cousin has a young daughter due to start school in September so it would suit her to leave early, there is in fact the chance that she may lose the new property if she doesn't take it now. If that happens Landlord would have to start eviction proceedings as Cousin obviously won't have anywhere else to go.

Can the Landlord do this? I have no experience of renting and couldn't find any difinitive answers on here, hence the post.

Letting Agents have been useless, say that if Cousin does move out they will just take the rent from her deposit!!

quintwins

yes ofcourse he can she's still going to be living in his house during that month, by not paying it she would be living rent free, we've always made a point of moving house just when our notice period ended to avoid this we have 3 kids and it makes for 2-3 very stressful days but we always manage, but moving house is expensive and theres always extra costs.

Mrs_Optimist

Hi Thanks for your reply. Maybe I didn't explain properly but Cousin was given 2 months notice to quit and has found another property to move into, leaving one month earlier than LL required. LL states she has to pay the final months rent even though she won't be living there. So she wont be living rent free at all. LL is moving into property herself as she is in financial difficulties. Therefore as things stand counsin will be paying rent to her current LL for one month though she is not living in the property, as well as rent on her new property. She can't afford to do both (not many people can I suspect). If she loses the house she wants to move into, she may well find herself with nowhere to go when deadling eexpires and LL will then have to pay for eviction proceedings (as well as finding somewhere to stay herself).

Thank god I have never had to rent - what a minefield!!

quintwins

I can't wait til the day i don't have to rent

Legally she still has to pay the rent, however she can also refuse to let her landlord move in until the very last day as she is paying for the right to live there in peace.

kazwookie

The LL cannot move in till the T has moved out on the final day, and has handed back the property, make sure the T takes phots at hand back time.

Mrs_Optimist

Many thanks for your help - I didn't have a clue! It seems very unfair that the LL can tell her she has to move out and then make it difficult for her if she wants to move out earlier than the LL wants, but thats life I guess. I will let her know.

Good luck with getting off the rental merry-go-round!

quintwins

honestly the landlord prob thinks it's unfair thats she's trying to not pay the full rent even tho he/she has no access to the house until then. I guess it just depends who's side of the fence your sitting on how you see it.
This is the risk you take when renting we always tried to ahve a buffer incase we needed to move (we didn't always manage it but we did try) we now rent off family so the risk of eviction or awkwardness is gone, and it has been agreed that if we want to leave or they wnat us to leave we can without any issues and no fall out.

Good luck to your cousin hopefully she can sort something out.

John_Jizzle

just dont pay the last month - is more hassle than its worth trying to get the money for the landlord.

Mrs_Optimist

LOL Think Cousin expected LL to move in as soon as she moved out (LL is moving in so not re-letting) and a month earlier would have suited both of them but that isnt the case. Cousin has been told by LA that they will take the rent out of her holding deposit if she doesn't pay it so she is stuck. Can only hope that her new LL will be content to hold the new proprty for a month but not holding out much hope...

jamie11

Legally the landlord can hold her to the full month, but has she spoken to him directly or just to the agent?

As already said if she pays for the full month then the landlord cannot just move in on the day after she moves out to her new tenancy.

Best way is to try to get the landlord to accept a pro rata rent for the time she is in the property, don't bother speaking to the agent, go direct to the landlord. Say she is willing to sign a deed of surrender on that day. If not accepted then explain that the landlord is probably having to spend money on a court case for possession. Most landlords would prefer the easy route.

lowlitmemory

It's not a great situation, but could she negotiate with the new LL to hold the new property for 2 weeks? Would save her 2 weeks rent at least.