Urgent - Dealing with a Break In and Surrendered Tenancy

Elle7

Hi everyone,

I'm hoping you'll be able to offer some advice...I'll try to keep it short.

Our rented house has been on the market for the past two months, after we gave notice. It's being advertised as available immediately. On Monday night we were told new tenants had been found but had to move in on Friday.

We managed to agree a move-out, and I spoke to the agent four times on Tuesday to confirm that we were leaving on Friday. No problems so far. I was told it'd be confirmed in email, and booked removal men etc.

On Tuesday evening I was told that there had been a mistake, the tenant has disappeared and we'll have to stay. The agent got quite aggressive with me, and offered no solutions to our problem of now having two rentals. I can't afford both.

Yesterday afternoon, our house was broken into. The door was kicked in and I barracaded myself in upstairs. The police came and caught the person, who was actually from the estate agents doing the viewing. One officer stayed with me for a considerable amount of time as I was so upset. Today we were due to hear from the agent, but nothing yet.

I've told the landlord about the break in and she was sympathetic, but I haven't managed to go back to the house yet. I stayed in a hotel last night because I can't stop having panic attacks. The police have fixed the door lock but due to the style of door, it could be kicked in again.

I'm sat in the local mental health unit and have just been asked if I know where I stand legally, and I have no idea. We had verbally surrendered our contract, and I was expecting it in writing. That without the break in was hard enough, but I don't know how I'll go back and stay in the house. It feels so unsafe.

We've only stayed for just over 50% of our notice period so far, so I'd need to pay double rent for a while and simply can't afford it.

What do I do now? Any advice would be much appreciated.

RAS

Stop dealing with the agents.

Can someone contact the landlord and arrange a meeting with the LL and someone to support you. What you need ideally is a letter from the LL confirming surrender of the tenancy.

Can we clarify something please.

Was this a AST with a fixed term? Ending when?

If not when did you give notice? When exactly was this to end? How much notice is required as per your contract?

Which country do you live in? Scottish law is different.

Elle7

I live in England.

It was an AST with a break clause. I had to give 3 months notice. The contract ends on 10th March, I gave notice on 10th December. The landlord agrees with the issues that have made me give notice, and was happy to accept a tenant immediately if we allowed viewings from the 10th December onwards, which we did.

DRP

Elle7 wrote: »

Yesterday afternoon, our house was broken into. The door was kicked in and I barracaded myself in upstairs. The police came and caught the person, who was actually from the estate agents doing the viewing

the estate agent kicked your door in!?!?!!? :eek:

Elle7

DRP wrote: »

the estate agent kicked your door in!?!?!!? :eek:

Yes. The police have taken statements from the viewers and myself - they have no key, so forcefully opened the door. They didn't ring the doorbell or anything or I'd have let them in.

I don't know if the landlord is aware that the agent had given us permission to vacate the premises, to be honest. They are nice enough but last time I spoke to them (to request that we be allowed to move early) they weren't too helpful and wanted to do everything through the agent.

I can't see how I can stay here. As stupid as it sounds, I have to keep running downstairs to check the door, and any noise petrifies me. I've got MH issues anyway but this has just about finished me off here.

DRP

Elle7 wrote: »

Yes. The police have taken statements from the viewers and myself - they have no key, so forcefully opened the door. They didn't ring the doorbell or anything or I'd have let them in.

absolutely bizarre

Elle7

A manager has left me a message asking if I'll meet them tomorrow to discuss where we go from here.

I have no idea what he means, but as it scared me half to death, I don't really want to meet him...

Any ideas?

RAS

I think the first thing you need to do is talk to the police.

You need to be very careful that you do not get into a position where the agency are asking you to drop the case in exchange for an early surrender. Or arguing that it really was a misunderstanding all along. Ask them if you can be referred to Victim Support urgently.

If you do meet the agency, the meeting has to be recorded and you need an advocate, preferably someone who knows about your mental health issues.

anselld

Elle7 wrote: »

A manager has left me a message asking if I'll meet them tomorrow to discuss where we go from here.

I have no idea what he means, but as it scared me half to death, I don't really want to meet him...

Any ideas?

Decide what you want to happen.
Tell the manager that is what is going to happen in exchange for you not pressing for criminal charges against the EA.

ValHaller

DRP wrote: »

the estate agent kicked your door in!?!?!!? :eek:

Landlord's Agent. Hmm. I would say that this is harassment.

Deal direct with the Landlord now - who should be mighty embarrassed about this. I cannot see any basis to deal with the agent after this.

rpc

anselld wrote: »

Decide what you want to happen.
Tell the manager that is what is going to happen in exchange for you not pressing for criminal charges against the EA.

Or decide what is going to happen AND press charges. This agent needs prosecuted and that cannot prejudice your own surrender.

I would write a letter to your landlord (take a copy when you meet him) confirming the surrender you agreed with the agent. Be completely black and white - the surrender was agreed, there is no question of it.

"Dear LL,

I confirm the tenancy of <address> will be surrendered on <date> as agreed with your agent <agent> on <date>.

Please confirm when you wish to conduct the check-out inspection."

I would be tempted not to discuss the break-in at all. Take advice from the police if possible, but focus on the surrender.

Discuss nothing with the agency unless you have an someone there as an advocate and witness. You should also discuss this with the police. Personally, I would cut off all contact with the agency until the police investigation is completed.