Help with Problem Landlord

DGibsonUK

Hello all,

I am hoping someone could help us.

When my partner fell pregnant with our second child, we made the decision to move back to our home town to be nearer family and friends for additional support. We rented our property out, going through all the normal processes (right to let etc) to a small family and in turn we rented a house from a couple via an estate agency.

When we first took out the tenancy, it was originally for 6 months as the agency advised this was standard, despite the listing stating it was "long term only". Initially we were extremely happy and planned to buy the house after a period of 3 years.

With this is mind we took to decorating and updating the property. We paid £200.00 to have some trees and hedges trimmed (which weren't done for us moving in), replaced damaged guttering, had a leak sealed in on the conservatory roof, had a bedroom completely re-plastered (to cover their bodge jobs!) and countless other small improvements. We didn't feel it right to be asking for these things to be done at the landlords cost.

However after only 4 months the couple who we rented off split up. A different estate agency called out of the blue to book in a viewing for the sale of the property. We offered a few different solutions to the landlords, 3 year tenancy at a higher monthly rent, purchase at 60k less than valuation or 1 year rent up front, we waited for a response for almost 4 weeks before finally being told they are happy for us to stay. but only on another 6 month lease. **This was the final 4 weeks of my partners pregnancy which caused massive stress on my partner and 3 weeks before christmas**

It seems the gentleman wasn't particularly happy with the quality of the flat he moved into and indicated to the estate agent we rent from that he wanted to move into the property we lived in. So again, we're in limbo wondering what was going to happen.

We swallowed our pride and asked family members for some financial assistance and managed to raise £50k (a family member re-mortgaged one of her properties). This was enough for us to obtain another residential mortgage in pricipal for £150k (40k below valuation). We made this offer and again, never heard anything.

The estate agency we rented via told us that he wasn't willing to take that price but wanted to be back in this property ASAP, so we found a new build property which is due to be completed in February 2013. Based on the information we were given verbally that we could leave early by the estate agent, we proceeded with the mortgage application, solicitors, reservations etc which so far have cost over £2,000.

We contacted the estate agency to advise we would be leaving in February and they seemed fine. Said they would let the landlords know. So today, I get a call back from the estate agency who told me the lady landlord isn't happy with us leaving early and that they would pursue us legally if we left the tenancy early.

I couldn't believe it. After being so patient and understanding during their personal life roller coaster which affected ours so much she had the cheek to say that it's just "business". I'm so angry, I haven't even told my partner yet.

Having checked the land registry I the property owners are still showing at this address, however so is the property we rent out and we obtained a right to let from our mortgage company, so I am not sure if they have a right to let.

We gave notice to leave on the 20th February, which is 2 months before the end of our tenancy. They currently have a bond to the value of £750.00.

Can anybody please give me some advice on how best to approach this to get the desired outcome (us leaving on 20th February).

I have no issues going to court etc, but I would need to know what would be the best approach.

I am aware than contractually, I am bound, however being fed advice from the estate agency verbally and from them messing us around, morally I think they are so wrong and for the sake of 2 months they should just let us leave.

Thanks,


D.

artbaron

Personally I'd just leave and let them keep the deposit. They'd have to be mad to pursue you through the courts for two months' rent.

bob2

DGibsonUK wrote: »

Initially we were extremely happy and planned to buy the house after a period of 3 years.

With this is mind we took to decorating and updating the property. We paid £200.00 to have some trees and hedges trimmed (which weren't done for us moving in), replaced damaged guttering, had a leak sealed in on the conservatory roof, had a bedroom completely re-plastered (to cover their bodge jobs!) and countless other small improvements.

What made you think you'd be able to buy the property at the end of 3 years?

I'm struggling to understand why you thought it was a good idea spend your own money fixing up the landlord's property - e.g. plastering a bedroom?????

DGibsonUK

artbaron wrote: »

Personally I'd just leave and let them keep the deposit. They'd have to be mad to pursue you through the courts for two months' rent.

Thanks, however what if this particular landlord was mad... what kind of additional costs would I be looking at if we ended up in court?

DGibsonUK

b!!! wrote: »

What made you think you'd be able to buy the property at the end of 3 years?

I'm struggling to understand why you thought it was a good idea spend your own money fixing up the landlord's property - e.g. plastering a bedroom?????

We moved at quite short notice, hence renting our family home out and renting ourselves. Within 3 years we would of been able to save enough for a 25% deposit on this house. They have a ridiculous valuation of £190k but bigger houses on the same development are selling for £165k - £180k. One of the first questions upon moving in was the opportunity to purchase the property in the future, the response was yes.

I'm struggling to understand why you took the time to have a dig at me, but to answer your second question... the room which we had re-plastered was the room which we would be our new baby's nursery. The carpet was black, walls dark grey and from them moving tv brackets and bodging holes up from previous adventures through the plaster board the walls we're a disgrace. We got the room re-plastered by a friend and decorated ourselves, therefore the cost was minimal, but that isn't the point. We wouldn't of moved into the property at all, never mind done work if we knew we might have to move out after 6 months. We notified the landlords after 2 months of what work we would be carrying out, they never mentioned that we may need to move out then.

Even if we had the 3 years which we planned on staying at minimum it would of been worth it so that my daughter had a nice nursery, if that makes me stupid then so be it.

G_M

Despite yourlong post with a host of irrelevant facts (sorry!) like "we offerred, but"; "we thought..." etc, the facts are simple.

You have a tenancy agreement which is a legal contract. I got a bit lost so not sure if you have signed a new fixed term

* 6 months ending in April? Please confirm dates!

Notice in that case is irrelevant. You must pay rent till April unless you reach an alternative agreement with the landlord.

read this post carefully then ask any Qs.

As for the money you've spent:
1) never make changes without written permission - the LL can make you undo the changes at your cost
2) never invest your own money in someone else's property unless you have certainty you will be staying. A 6 month tenancy is not 'certainty'!

Kynthia

You've been quite naive and keep mixing feelings and assumptions into serious financial and contractual decisions. You've spent money on a property that you've assumed you'll rent long term even though you only had a six month fixed term. You are borrowing large sums of money. You've taken the verbal assurance of the agent you can break a legal binding contract instead of getting it in writing from the person who matters, the landlord.

You seem to feel hard done by with the landlord's actions but I can't see what the landlord has done? You did work on his property that you didn't ask him to do, so he didn't refuse to do it. His life has changed and wants the property back to live in, which is his right as long as he evicts you legally. He's not willing to allow you to break the legal contract you signed and because he won't continue to let the property to you or accept your offer to buy it you seem to think he's unreasonable. I'm not clear why?

As far as I know they keep your deposit, after deductions for damage, and put it towards the rent, then take you to small claims court for any reamaining rent unpaid until the end of your fixed term. There will also be court fees but these should only be a couple of hundred.

Werdnal

I tend to agree with the above. You come across as resenting your LL because you have spent money on his property (did you seek his written approval for this?), and because he won't roll over and accept your offer to buy the property at considerably reduced price. You asked about the opportunity to buy at the start, but the LL has no obligation to accept your offer or anyone elses.

When you rent property there is always the chance that the LL's initial intention to rent out long term will change due to financial or personal circumstances, and that you will have to up sticks and move on.

The agent works for the LL, not the tenant, so you should not have taken any notice of their verbal advice without getting confirmation in writing. Indeed, even if the LL wants to move back in, they cannot end your fixed term early, nor evict you when it ends without valid written notice, and whilst you may have been concerned about your future to seek alternative accommodation just in case, there is still a binding agreement on you and the LL until the end of the fixed term. Hence, if the LL won't release you you are bound to stay and/or pay until then.

Your only option would be to write direct to the LL(s), stating your case, explaining that you want long-term security of tenure for your family, hence have found a new house to move to, and ask if they will consider letting you leave in February as requested.

bob2

DGibsonUK wrote: »

I'm struggling to understand why you took the time to have a dig at me, but to answer your second question...

Wasn't a dig - just two genuine questions. Just trying to understand your reasons.

However, I'm still finding it hard to understand why you think you have a "problem landlord"? According to your posts so far the landlord has fulfilled his obligations and adhered to the terms of the tenancy agreement. Now you want to break the terms of the agreement and leave early. But it's the landlord who is the "problem"?

From a practical point of view - the landlord may not agree to an early termination of the tenancy because if he is not planning to let it again before moving in himself he would be left with a void (a period with no tenant until he moves in).

Cissi

Another one here who can't work out why you think you have a "problem landlord"??? Just because you worked out that YOUR circumstances would allow you to rent the property for 3 years and then buy it, what made you think that this was also the landlord's plan? And why on earth did you think that they would accept an offer that was "£40k below valuation" just because you had swallowed your pride and asked your family for help to raise this money?

To be honest, I'm afraid that you sound incredibly naive in financial matters. If you insist on breaking your contract early you don't have a legal leg to stand on, although if you negotiate in a friendly way you MAY be able to persuade the landlord to release you early. In the worst case, however, you risk being pursued for the rent until the end of your contract, as well as the cost of undoing the alterations that you've made to the property, unless you have authorisation from the landlord in writing. Hopefully the LL will agree with you that they were in fact improvements, but it's probably worth not rubbing them up the wrong way...

franklee

however being fed advice from the estate agency verbally and from them messing us around, morally I think they are so wrong

Verbally is hard to prove, morally is irrelevant. You should have got it in writing. Examine your tenancy for a break clause from either side. Without that I can't see you've a leg to stand on.

They have a ridiculous valuation of £190k but bigger houses on the same development are selling for £165k - £180k. One of the first questions upon moving in was the opportunity to purchase the property in the future, the response was yes.

Response from an agent who wanted you to take the property? Or response from the landlords? Besides it wasn't going to happen if you thought their valuation was ridiculous.

We notified the landlords after 2 months of what work we would be carrying out, they never mentioned that we may need to move out then.

I hope you got their permission or they can charge you to reinstate.

Suggest you delay your completion date. As you are buying a new build it may slip anyway. Stay put where you are until you know your completion date for sure and then you either leave at the end of the fixed term or serve proper notice to end the tenancy.