given notice to landlord and....

vroombroom

Hey guys just want some advice.

We notified our landlord on the 31st July that we had viewed a new house and would be accepting it, subject to refs and checks etc. That was all good and on the 4th August we had the keys to the new house. Other half called the landlord to let him know and asked when he wanted us to give notice from? LL said from the day OH called him (6th Aug) so till 6th Sept.

Not a problem as that would give us plenty of time to move out and remove fixtures and fittings we had in the old house (curtains, fixed in baby gates etc). We actually moved out on the 11th August and I had prof cleaners in last week and conducted viewings on behalf of the LL.

Fast forward last night, I nipped in to get any post and was surprised/horrified/annoyed to find out someone has moved in (between Saturday and yesterday). Luckily there was no one in but I'm just wondering where we stand now as we still have tenancy until 6th September?

The LL conviently has gone on holiday until 2nd Sept and I have no way of contacting him as his phone is off. I'm not happy to pay the utilities whilst someone else is living there! I did get the meter readings yesterday so should they count as our last reads?
Also we have some things left at the house - golf clubs, the baby gates, lightshades, a set of ladders, garden furniture etc? Do I have the right to just go in and remove them?

sorry for it being long winded!

ll123_2

If you haven't handed back the keys this will count as illegal eviction!

Contact the tenancy relations officer at the local council

kmmr

Can't offer much advice, just agree that I would be extremely annoyed if I was either tenant in this case!

You are paying for something that you now can't use, and as the new tenant I would be very cross to discover someone else had access to my home, and a perfectly legal right too.

At a minimum I would expect the rent returned, and hopefully the tenant relations officers have other sanctions available to them.

vroombroom

thanks guys, will call them this afternoon.

I'm going to go back as we've had a parcel delivered and I'm going to leave a note, just to advise that as of yesterday they will be paying for the utilities.
Our rent is due on the 21st each month, we had agreed to pay from the 21st till the 6th x

marleyboy

Up until your tenancy expires, you have the right to enter the property and reclaim your goods. You don't even need to knock.

Rosemary7391

marleyboy wrote: »

Up until your tenancy expires, you have the right to enter the property and reclaim your goods. You don't even need to knock.

However, the new tenants have also been granted the same right by the landlord, and it isn't their fault that he shouldn't have - they probably have no idea! Maybe it'd be polite at least to knock and explain the situation to them? Or write. I wouldn't be happy just letting them carry on without telling them.

G_M

1) Write to the Landlord
2) get your name off the utility bills and pay final bill (unless you want to subsidise new tenants hot water!)
3) Stop paying rent. What rent have you paid? When are you paid up to?
4) Your letter to the LL should state that

i) he has illegally evicted you contrary to the Protection from Eviction Act 1977 since your tenancy was due to end on 6th Sept
ii) he is liable liable on summary conviction, to a fine not exceeding £400 or to imprisonment for a term not exceeding 6 months or to both
iii) you are willing to take no action providing

a) all rent paid from date new tenants moved in is refunded within 5 days
b) full deposit is returned within 5 days
c) compensation of £200 is paid within 5 days
d) LL accepts liability for any damage to your property caused by new tenants, or the landlord, during the period of your tenancy

5) your letter should be addressed to the LL at the address "for the serving of notices". It should be headed "Without Prejudice". Send the letter from two different post offices and ask for proof of posting (NOT recorded delivery). If you have an email address, email the letter as well.

dimbo61

PS when you go back to your old address make sure you remove all your things! Golf clubs,ladders etc

Werdnal

Also, did you pay a deposit and have you received it back yet? I would be wary of applying to the scheme for the deposit release just yet, as this may be construed that you have accepted the tenancy has ended - perhaps more knowledgeable members here could comment on the implications of this?

However, as soon as you can on 6th, apply to the scheme for the whole deposit amount, as if the LL has no check-out inventory to qualify the condition when you left, then he cannot prove your liability for any damages. Indeed, now new tenants are apparently living there, you do not want any confusion between damage they may cause since they arrived, and the condition you left the place in!

somethingcorporate

What a money-grabbing scumb*g.

Good luck on this OP.

vroombroom

Rosemary7391 wrote: »

However, the new tenants have also been granted the same right by the landlord, and it isn't their fault that he shouldn't have - they probably have no idea! Maybe it'd be polite at least to knock and explain the situation to them? Or write. I wouldn't be happy just letting them carry on without telling them.

yup they definitely know its due to end on the 6th - the LL was actually there when I did her viewing!