RANT ! - I quite possibly have the meanest landlord !

sussexchick

To say I am devasted would be the understatement of the century !

Having being made redundant and bein offered a new job at sister company elsewhere in the UK, I have offered to pay fees for a new tenant and pay rent until such time that a new tenant has been found, my landlord has refused to release me from the current fixed term tenancy agreement :mad: (AST, expires Oct 2013, no break clause, based in England)

The reasons stated are because he is 'busy' and doesn't have the time or the inclination as he'll see me in Court if I cannot pay !

Options now available -

1. Accept the job and face the next 6 months possibly eating a meagre diet of break and water ?

2. Not accept the job, potentially face a bleak future claiming benefits ?

3. Drive to London, visit him in his wealthy period home, and BEG him to release me from the tenancy ?

All I can say is that I may well just have the tightest, meanest, money grabbing, selfish landlord that lives in the UK ! I hope he sleeps well at night, I know I don't ! .............. :mad::mad::mad:

(rant over)

N79

Perhaps you could offer to the LL to undertake the work finding a new T etc so that it does not impact on his busy schedule.....

If you do, make sure you get from him a list of his requirements for the new T so you now who to reject immediately.

JassV

Sorry that you’re going through this nightmare Sussexchick. You’re trying to meet him half way and he’s still being awkward. I agree with N79 that maybe you need to put the landlord had on and speak to the letting agents to see if they have anyone on the waiting list. Let them know that you’re about to move out and someone can move straight in on the same terms you are.

Ideally you have a life of your own and you choose your path i.e. take the job (if that’s your desire). The landlord needs to go on a time management course!

Jass

Werdnal

Sadly, whilst I have sympathy for your situation, the Landlord is entirely within his legal rights to do this and there is little you can do to counter it. Unfortunately, this is one of the perils of renting, that circumstances change (both for tenants and landlords) resulting in both being tied to a contract they cannot break until the end of the fixed term. If only there were reliable crystal balls available, no one would ever fall foul of these issues.

Even if you were an owner occupier, upping sticks and moving to the a new area is not that simple, as you would have to market and sell your own property (not a quick task these days), then rent/share/sofa surf in the meantime before you found somewhere else, so this would be no different.

Have you suggested as above, that you offer to find an acceptable replacement tenant to take over your property?

mart.vader

Other posters will no doubt, be along shortly, to give more advice, but if you were to leave anyway, despite the unexpired AST, as soon as your LL gets a new tenant in, (how long can that take. 1 month ? 2 months ? ) he wouldn't be able to convince a court that he had lost any rent.

He would probably claim against your deposit in the holding scheme, but that's 1 months rent, and would they uphold his claim, if you had offered to pay fees and rent until new tenant is found ?

I have some doubts about this, myself, so I am just floating the idea, so that others can say why it wouldn't work

Werdnal

mart.vader wrote: »

Other posters will no doubt, be along shortly, to give more advice, but if you were to leave anyway, despite the unexpired AST, as soon as your LL gets a new tenant in, (how long can that take. 1 month ? 2 months ? ) he wouldn't be able to convince a court that he had lost any rent.

He would probably claim against your deposit in the holding scheme, but that's 1 months rent, and would they uphold his claim, if you had offered to pay fees and rent until new tenant is found ?

I have some doubts about this, myself, so I am just floating the idea, so that others can say why it wouldn't work

The landlord has no obligation to actively market or relet the property whilst the OP has a valid and binding fixed term tenancy agreement in place. OP, do not walk away as this will lead to court claim, possible credit record problems and no reference which will hamper your future renting/mortgage application issues.

Sharon87

Can't you just find someone to move in, sublet it until it expires? Check your tenancy see if its allowed, if its not ask the LL or just say its either this or I need to claim housing benefit as I am being made redundant and that claim can take a while and you might get the rent late!

Just advertise it as a short term let - till October. Then if that person wants to stay they can apply to the LL. I'd personally sub let this anyway even without the LL's permission, if he wont re-let it himself.

tbs624

LL is of course being foolish. A T who has lost their job may be unable to meet their full rent obligations if they remain in situ for the FT but cannot find another job. LL may well "see the T in court" but a court can stipulate that the T pays what is owed at stupid ££s per month

Best way forward IMO is as N79 says. And of course OP, you tell any potential new T that in fact your LL is a marvellous human being...;-)

princeofpounds

Actually if you did surrender the tenancy and then disappear and it went to court, and then you were to defend it, you might be able to argue that the landlord failed to mitigate his losses by not looking for another tenant. That might reduce your liability for the remaining rent.

Claimants DO have a duty to mitigate their losses, rather than let them mount indefinitely so they can be claimed from the defending party.

But I'm not sure that it will get you that far, as any judge will clearly see what is going on and will still be likely to charge costs against you etc too.

deedee71

Will you be able to rent elsewhere and pay both rents? Maybe have a look at www.spareroom.co.uk to tide you over till October?

If you can't appeal to the LL's better nature, how about pointing out even if you continue to pay the rent the property will be empty for 6 months - insurance premiums, risk of break ins/damage/squatters?? Might make him look at it from a business perspective.

serious_saver

I just want to make another suggestion. Have you spoken to your employer? As you were made redundant you should ask them if there is any money allocated for relocation costs.