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Can LandLord do this?
Comments
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Not sure if she has spoken to LL but know LA have been less than helpful. Suspect they are miffed as they will be losing a management fee as LL is taking up residence. Will pass on the comments made here and advise her to try and do that.
Another thought that cropped into my mind is that she just moves out and doesnt pay her last months rent and they can just take it from her deposit. I suspect if LL is that financially short she will try to find reasons to withold the deposit anyway, whether the last months rent is paid or not. Mmm, morally wrong but having read other threads I can see that the witholding of a deposit is a regular occurrence - usually for the most flimsy of reasons.
Many thanks again.0 -
Can you check that her deposit has been protected and that she has had the prescribed information. I ask because it is very common for the first to be done and the second to be neglected, result is the same, a possible claim for non compliance and the S21 invalid until the deposit is returned in full.0
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If the deposit is properly protected, the landlord cannot refuse to return it unless the protection scheme can be convinced that there are adequate grounds to do so.
Sorry, x post with jamie110 -
Thanks, I will ask her. It was paid through a well known LA so I can't imagine that the depost wouldn't be protected, but who knows? Started off wishing I knew something about rental agreements etc but now glad that I don't really need to personally, as it is a real minefield. I don't think I could cope with the stress and uncertainty or someone (LL) having the power to pull the rug from beneath your feet (quite literally).
Thanks to every one who has taken the time to post, I really do appreciate it.0 -
Is this person still within their fixed-term or are they now on a periodic tenancy?
If periodic, the landlord gives two month's notice but the tenant only one. Particular attention must be paid to the PRECISE "from" and "to" dates on the original AST. If our relative has been hanging on to that S21 for a couple of weeks they might have run out of time to serve the correct notice.
Why not come back to this thread once you've had the precise dates confirmed?0 -
Lots of good advice and questions above, but want to point out that landlord cannot have her cake and eat it. If she moves back in once tenant vacates, her behaviour is inconsistent with the continuing tenancy and it would be a surrender 'by operation of law' I.e. tenancy liability ends. Ditto if a new tenant moves in.
If she is stuck paying the final month he should ensure no-one else has access, as is her due.0 -
If the LL has served notice correctly (see the Qs above and answer them!), then the tenancy ends when the notice expires. Not before.
Whether the tenant chooses to remain in the property till then is of course up to them.
Fo more on how a tenancy can be ended, see here.
Note of course, that any arrangement is possible provided both tenant and LL agree (and for safety's sake put it in writing.0 -
A s21 doesn't end the tenancy and isn't a notice to quit, although is a clear message that the LL wants to end the tenancy. The tenant doesn't have to leave at the expiry as the notice just allows the LL to apply to the courts for possession. Therefore your family member doesn't have to move out yet and if she does she should probably give notice. Is she still in the fixed term as if it's now a SPT she can give one month's notice ending on the last day if a tenancy period.
Not paying the last month's rent can result in a bad reference and definitely shouldn't be done if the deposit is protected.Don't listen to me, I'm no expert!0 -
John_Jizzle wrote: »just dont pay the last month - is more hassle than its worth trying to get the money for the landlord.
That's the spirit, why pay what is legally required if you can get out of it?
I wonder how a tenant would feel if they gave notice to their LL, and the LL lined up a new tenant who wanted to move in a month before the existing tenant's notice expired.
Would the tenant be happy if the LL kicked them out early to enable the other tenant to move in?
It's the equivalent action for the LL to take in this situation. :cool:0
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