given notice to landlord and....

vroombroom

G_M wrote: »

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.

absolutely fantastic advice, thank you very much.

vroombroom

Werdnal wrote: »

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!

This kind of leads on what happened today.

I went to the house earlier and knocked on the door as I saw the blinds and all the windows were open. The woman opened the door, looked a bit shocked but let me in. She got the keys on Saturday, LL went on hol on Sunday. He has told her that she can start moving stuff in, but her tenancy won't start until the 7th September, but she told me she is moving in on Tuesday (28th Aug). I got the golf clubs and few other bits.

So I'm majorly !!!!ed off. There are some repairs we wanted to carry out (polyfilla in the walls where the screwed in gate was, where we had pictures etc) so now I'm just thinking I wont bother as she has already started painting.

In regards to the water bill/utilities, everything was switched off/over on the 11th Aug when we moved out and as I took the meter readings yesterday, my OH has sorted our account out and closed it (he works for the utility company lol). Council tax has been changed as well.

Werdnal

That sort of casts a slightly different light on things.

Whilst LL should not have given her keys or any access until he knew you had finally moved and handed your keys back, it sounds like he stipulated the tenancy does not officially start for her until the 7th, yet she has made her own arrangements to move in early whilst the LL is away. I can see the conversation went something like:

LL: I'm afraid I am on holiday until xx (date) so I'll let you have a set of keys now, so you can start moving in before I get back!

Perhaps LL does not even know she is jumping the gun, and should be made aware that she is effectively getting 10 days tenancy rent free!!!!!

G_M

Werdnal wrote: »

That sort of casts a slightly different light on things.

Whilst LL should not have given her keys or any access until he knew you had finally moved and handed your keys back, it sounds like he stipulated the tenancy does not officially start for her until the 7th, yet she has made her own arrangements to move in early whilst the LL is away. I can see the conversation went something like:

LL: I'm afraid I am on holiday until xx (date) so I'll let you have a set of keys now, so you can start moving in before I get back!

Perhaps LL does not even know she is jumping the gun, and should be made aware that she is effectively getting 10 days tenancy rent free!!!!!

Agreed.

Additionally it is now confused by your admission that:

water bill/utilities, everything was switched off/over on the 11th Aug when we moved out

which implies you surrendered the tenancy on the 11th. If your tenancy was ongoing, you would remain liable for utilities etc.

There seem to be a number of contradictory/overlapping scenarios here.

jjlandlord

vroombroom wrote: »

She got the keys on Saturday, LL went on hol on Sunday. He has told her that she can start moving stuff in, but her tenancy won't start until the 7th September, but she told me she is moving in on Tuesday (28th Aug). I got the golf clubs and few other bits.

Actions speak louder than words: Whatever the landlord told re her tenancy starting on the 7th Sept., the tenancy actually started when the conditions were met. ie. when she got the keys and possession of the property.

jjlandlord

G_M wrote: »

Additionally it is now confused by your admission that:
which implies you surrendered the tenancy on the 11th. If your tenancy was ongoing, you would remain liable for utilities etc.

A tenant cannot surrender the tenancy, but only offer to do so.

Here the tenant had given notice to expire on the 6th Sept (hopefully in writing), so the tenancy is continuing until that date unless an explicit agreement to surrender before that date was reach.
The fact that OP turned off utilities when he moved out is not an offer to surrender. Actually, it is a cautious move to turn off gas and water when property is left empty.

marcssteve

In my opinion in such a case if the person walks out from one rented room to the other rented room, then his tenancy ends then and there only. He has no authority thereafter for that room even if the days of the room utility are still left. Other than that the person has the rights that he can take away his belongings. The landlord or the other tenant has no authority to keep those belongings.

Werdnal

marcssteve wrote: »

In my opinion in such a case if the person walks out from one rented room to the other rented room, then his tenancy ends then and there only. He has no authority thereafter for that room even if the days of the room utility are still left. Other than that the person has the rights that he can take away his belongings. The landlord or the other tenant has no authority to keep those belongings.

Thats the key word here isn't it - opinion is a personal issue!

somethingcorporate

Yep, there is absolutely nothing stopping someone renting 2 places simultaneously so saying leaving one and going to another really is wrong. They are paying rent on both so should still have exclusive rights to both.

vroombroom

We're actually renting in the same area, so all utilities/water/ etc etc has simply been transferred to our new house. With each company it was agreed that the services would be transferred into 'The Occupier' from the 11 Aug till the 6th Sept, which of course we were happily going to pay for.
But now with this tenant moving in from Saturday just gone, why should we have to pay for it?We haven't surrendered the tenancy at all - we have it in writing (letter and email) that the tenancy is due to end on the 6th September and as we usually paid our rent on the 21st of each month we would have to pay additional rent from the 21st Aug to the 6th Sept. Again, as with the services and utilities, not a problem.

My problem is the new tenant has had access since Saturday and is moving in on Tuesday. The landlord is on holiday and has only contacted me once by text to say he had given new tenant permission and keys to move her stuff in, with her tenancy to start on the 7th. Obviously this isnt the case, so legally where do I stand? As me and OH see it, we should only pay up until Tuesday, when she moves in.