Is my landlord deliberately being obstructive ?

sussexchick

Hi all, me again !

Quick recap for those that don't know the circumstances. I am 6 months into a 12 month tenancy agreement with no breakclause. I'm due to be made redundant from my present job, but the sister company has offered me a similar job approx 160 miles away. There is no relocation package with this job :(Can't afford to keep 2 tenancies running and can't sublet or have a lodger. No family currently in the area but have friends near to where I am moving to. Landlord had initially refused to release me from the tenancy but since I have done nothing but pester him daily, he has finally allowed me to find another tenant using the original letting agency. I am to foot the full cost of this.

He has also stated that I am to pay full rental costs plus council tax, plus any costs as the property will be empty, until such time that a replacement tenant has been found. I have agreed to pay for finding another tenant but only for a further 1 month. It still works out cheaper this way rather than paying for a full 6 months rent !

Recently I've had a few viewings, all have declined to take further as the property is dated and 'old fashioned' which was always going to be my main worry in re-letting it !

Therefore I have asked my landlord to reduce the remaining 6 monthly rental significantly, and I will reimburse the difference. (It still works out cheaper than 6 months rent plus all the bills !) I will pay this upfront so the landlord is guaranteed his full rent. The landlord has REFUSED this point blank as he doens't want to attract the wrong kind of tenant. At the end of the 6 month tenancy he will need to put the rent back to where it was originally and he says that no tenant will want to renew. (thats odd as I found out he wants to sell !)

I simply cannot afford to rent 2 places together. I am leaving this house in 3 weeks time, I'm having sleepless nights, and getting stressed out to the max. I have to take this new job, finding anything similar could take an age, and certainly don't ever want to be a burden on the state.

God forbid, if I cannot pay the rent and he has to take me to Court, would a Judge look favourably at me, since I have made EVERY effort to find a new tenant, make up the difference financially to secure a tenant for the next 6 months etc, or would a Judge simply issue rent arrears against me ?

I am at my wits end worrying how I am going to pay for both. I'm only going to rent a tiny bedsit to keep costs to an absolute minimum.

I value any advice that you can give me.

Thank you to you all

SC

theartfullodger

Yes, of course Landlord is being deliberately obstructive (well, I reckon so - he might not..). Sadly what he is doing is AIUI legal..

Would a judge look favourably?? Dunno, unpredictable things judges...

Turn it round the other way - you wanted to stay, he wanted you out - would your refusal to move out be seen by him as deliberately obstructive??? No, unwise question... silly me...

sussexchick

theartfullodger wrote: »

Turn it round the other way - you wanted to stay, he wanted you out - would your refusal to move out be seen by him as deliberately obstructive?

I agree, I would be seen as being totally obstructive. But I'm a nice person

Have I made every effort to reduce both my and my landlords financial standing ? and would this be seen as 'busting my gut to help' by a Judge ! :eek:

mulronie

I'm not sure LL is being "deliberately obstructive". He has nothing to gain from that; his problem is likely that he has a mortgage and other costs that need paying every month. He may well be making a dumb business decision by not properly considering your proposed alternatives, but he thought he had a great tenant for (at least) 12 months paying a decent rent - a tenant who signed a legally binding agreement saying exactly that.

He has no obligation to release you from the tenancy, and every right to pursue you in court for unpaid rent if you stop paying. "Mitigating circumstances" unfortunately don't make the debt to the landlord go away.

Advice...

Rather than take on a new flat in the new location straight away, can you rent a room as a lodger and bring costs down that way? Or take a couch in a nearby friend's living room?

Have you looked into your eligibility for Housing Benefit/tax credits/etc? Don't be ashamed to draw on the state if you are in need and eligible; that's what it's for.

Can you get your employer to delay your transfer? Ask for a relocation package? Or a redundancy package for the job you are leaving?

Honestly - what would your severance package be if you declined the relocation? Also the day you became unemployed, you'd be eligible for £71/week JSA, and housing benefit/council tax benefit if you passed the means test.

sussexchick

mulronie wrote: »

I'm not sure LL is being "deliberately obstructive". He has nothing to gain from that; his problem is likely that he has a mortgage and other costs that need paying every month. He may well be making a dumb business decision by not properly considering your proposed alternatives, but he thought he had a great tenant for (at least) 12 months paying a decent rent - a tenant who signed a legally binding agreement saying exactly that.

He has no obligation to release you from the tenancy, and every right to pursue you in court for unpaid rent if you stop paying. "Mitigating circumstances" unfortunately don't make the debt to the landlord go away.

Advice...

Rather than take on a new flat in the new location straight away, can you rent a room as a lodger and bring costs down that way? Or take a couch in a nearby friend's living room?

Have you looked into your eligibility for Housing Benefit/tax credits/etc? Don't be ashamed to draw on the state if you are in need and eligible; that's what it's for.

Can you get your employer to delay your transfer? Ask for a relocation package? Or a redundancy package for the job you are leaving?

Honestly - what would your severance package be if you declined the relocation? Also the day you became unemployed, you'd be eligible for £71/week JSA, and housing benefit/council tax benefit if you passed the means test.

Hi

Many thanks for your post. He did inherit this house when his father passed away last year, so I'm led to believe ! His father was very elderly so I would doubt that any mortgage would be still outstanding. However, that is presumptious of me so don't quote me too much.

Not taking a job offer is a no-no for me. I have spent the past 30 odd years getting to where I am now and I think most would agree, I am not prepared to walk away from a job offer. As for the relocation package and a new start date, I have already tried this avenue, but to no avail.

Sleeping on friends sofa's etc, this would be ok for a very short term but not for 6 months whilst I continue to pay the remander of the rent.

Receiving housing benefits and JSA, I'd be then liable for a bedroom tax and would possibly be worse off. Then the landlord certainly wouldn't be getting anywhere near the rent he gets now and this could plunge me into debt.

I agree that he has no legal standing to release me from a tenancy that I willingly signed. How I wish I had a crystal ball last year

I really appreciate your suggestions, just wish there was more I could do

Fire_Fox

You are liable for the rent and bills up to the point it relets or another six months whichever is shorter, court would look at that. He has agreed to readvertise, AFAIK that is all he has to do legally he is not expected to be out of pocket. Could you sleep on a sofa until the property is re-let?

Has the landlord done everything he is supposed to, do you have an in date gas safety certificate, is your deposit properly lodged and were you sent the prescribed information when you last signed a tenancy agreement?

Have you written to your landlord clarifying that if you are not released from the contract you will have no option but to turn down the job, stay put and claim benefits. You are EXTREMELY concerned you will not be able to pay your rent for a couple of months whilst this is being sorted out, and then not be able to cover the full rent due to being only eligible for the 'one bedroom rate' if over 35. Look up local housing allowance amounts for your council, and tell him what you would get (no such thing as a 'bedroom tax').

Also tell him you are having sleepless nights worrying about him not getting his rent. Copy to the letting agents, they may well put pressure on him when they realise they won't be getting their cut each month. Isn't that scenario the same as the landlord having the 'wrong sort of tenant' anyway? You would be on benefits and in arrears, I bet that is what worries him.

ETA one extreme option is to stop paying rent now but remain less than two month in arrears at key points. You can only be served a section 8 (notice to quit) and this actioned in court if you are more than eight weeks in arrears on the court date. So to get you out the landlord would have to agree with you (in writing!) to terminate the contract. http://www.landlordzone.co.uk/section-8-notice.htm

[Deleted User]

I see that you have tried to rent the property out to another tenant but this has been refused because the property is 'old fashioned' and dated.

Unfortunately it looks difficult to get out of this situation with minimal losses.

Not having a clue how the property is.., is it worth repainting in order to get the property to a slightly more rentable state? Its an extra expense but it might save u some rent money over the rental period u can't cover. Throws over unattactrive furniture, cheap cushions etc might help.

sussexchick

Fire_Fox wrote: »

ETA one extreme option is to stop paying rent now but remain less than two month in arrears at key points. You can only be served a section 8 (notice to quit) and this actioned in court if you are more than eight weeks in arrears on the court date. So to get you out the landlord would have to agree with you (in writing!) to terminate the contract. http://www.landlordzone.co.uk/section-8-notice.htm

I will read more into that - that looks very interesting I never wanted to be in a position whereby the Landlord would be out of pocket financially. I am doing everything that I can, I just can't get him to agree to anything :eek: whereby he would not lose out.

sussexchick

deannatrois wrote: »

I see that you have tried to rent the property out to another tenant but this has been refused because the property is 'old fashioned' and dated.

Unfortunately it looks difficult to get out of this situation with minimal losses.

Not having a clue how the property is.., is it worth repainting in order to get the property to a slightly more rentable state? Its an extra expense but it might save u some rent money over the rental period u can't cover. Throws over unattactrive furniture, cheap cushions etc might help.

Hi

Thanks for your advice - I will certainly give it a go with regards to the decorating - thanks for that

Soot2006

Or ... to stop paying rent, get evicted via Section 8 and then pay due rent + court costs ... Surely must work out cheaper than 6 months tenancy?

... I feel like a proper rebel tonight!





ETA: yes yes yes do not do this for real in the realm non internet world where actions can have real, real world implications.

Fire_Fox

sussexchick wrote: »

I will read more into that - that looks very interesting I never wanted to be in a position whereby the Landlord would be out of pocket financially. I am doing everything that I can, I just can't get him to agree to anything :eek: whereby he would not lose out.

I don't mean you run off and leave him with two months arrears, just get behind as a bit of leverage .... pay everything in full as part of the mutual agreement to terminate the contract early. I should have said two months on the previous post, not two months and then later eight weeks. Brain fart.

Probably part of the problem here is that he is an amateur landlord, which is why I asked about your damage deposit and gas safety certificate - this again is leverage. He is right about the discounted rent idea tho, he would have to serve formal notice on the tenants after the fixed term is up or have it written into the contract that the rent increases at month seven, and they would leave. Might be better for you to offer prospective tenants an incentive, say paying their first months rent or even two.