Is my landlord deliberately being obstructive ?

sussexchick

Fire_Fox wrote: »

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.

:rotfl::rotfl: I have no intention of just running off leaving 2 months rent arrears but like you say, its just leverage if things get extremely difficult financially.

and how bizarre ! - whilst washing up I was thinking about incentives and a months free rent also sprang to mind !
thus he wouldn't have to incorporate a rent increase after 6 months :T ... just hope he likes the idea ! he's hated all the others so won't be holding my breath !

Thanks to you all for all your wonderful advice :beer:

mulronie

Soot2006 wrote: »

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!

Only if the LL pursues Section 8 as soon as 2 months is oweing - and even so:

• 2 months unpaid rent = serve Section 8,
• 2 weeks notice after service = Possession claim filed (£100),
• 6 weeks after claim filed = court hearing
• 2 weeks after court hearing = possession order enforced

So... OP gets hit with Court costs £100 + possible enforcement costs £100 + a court order for almost 5 months rent + CCJ if OP can't pay within 30 days. Probably cheaper than 6 months of a tenancy but only just!

Frankly terrible advice unless OP doesn't mind having her credit rating trashed for the next 6 years; even a CCJ that ends up satisfied will scare off most future would-be landlords.

sussexchick

mulronie wrote: »

Only if the LL pursues Section 8 as soon as 2 months is oweing - and even so:

• 2 months unpaid rent = serve Section 8,
• 2 weeks notice after service = Possession claim filed (£100),
• 6 weeks after claim filed = court hearing
• 2 weeks after court hearing = possession order enforced

So... OP gets hit with Court costs £100 + possible enforcement costs £100 + a court order for almost 5 months rent + CCJ if OP can't pay within 30 days. Probably cheaper than 6 months of a tenancy but only just!

Frankly terrible advice unless OP doesn't mind having her credit rating trashed for the next 6 years; even a CCJ that ends up satisfied will scare off most future would-be landlords.

Don't worry, I certainly won't be doing anything remotely like that ! I took that post purely light hearted and tongue in cheek and like he/she says, they are being a rebel tonight ! (tut, tut)

No credit rating will be trashed on my part, there will be no CCJ issued against me, and the Landlord will somehow, get his rent ! (haven't quite worked out how just yet, but working on it) !

SC
x

Mrs_Imp

sussexchick wrote: »

and how bizarre ! - whilst washing up I was thinking about incentives and a months free rent also sprang to mind !
thus he wouldn't have to incorporate a rent increase after 6 months :T ... just hope he likes the idea ! he's hated all the others so won't be holding my breath !

Thanks to you all for all your wonderful advice :beer:

Would you need to tell the landlord that you're doing this? Could you just write a cheque to the new tenants and do it that way?

sussexchick

Mrs_Imp wrote: »

Would you need to tell the landlord that you're doing this? Could you just write a cheque to the new tenants and do it that way?

Hi Mrs Imp

Haven't quite worked out the finer details of doing this, as don't want to part with money then find out the new tenant hasn't passed all the checks :eek:. There is a letting agent involved, so don't see how I could do this without them or LL knowing about it ?

SC

Fire_Fox

sussexchick wrote: »

:rotfl::rotfl: I have no intention of just running off leaving 2 months rent arrears but like you say, its just leverage if things get extremely difficult financially.

and how bizarre ! - whilst washing up I was thinking about incentives and a months free rent also sprang to mind !
thus he wouldn't have to incorporate a rent increase after 6 months :T ... just hope he likes the idea ! he's hated all the others so won't be holding my breath !

Thanks to you all for all your wonderful advice :beer:

sussexchick wrote: »

Hi Mrs Imp

Haven't quite worked out the finer details of doing this, as don't want to part with money then find out the new tenant hasn't passed all the checks :eek:. There is a letting agent involved, so don't see how I could do this without them or LL knowing about it ?

SC

I wouldn't necessarily tell the landlord and I'd give the money right to the letting agency, perhaps arrange to be present when they sign the AST and get the keys. As long as the rent is paid it doesn't matter who some of the money comes from, the tenants will have passed the credit cheques for the higher rent and agreed to pay that for the remainder of the contract. Or leave a cheque with the agency or with a trusted neighbour or relative who will deliver it the day they move in. I guess technically you would be paying their second and possibly third months rent not the first as that is paid in advance.

sussexchick

Fire_Fox wrote: »

I wouldn't necessarily tell the landlord and I'd give the money right to the letting agency, perhaps arrange to be present when they sign the AST and get the keys. As long as the rent is paid it doesn't matter who some of the money comes from, the tenants will have passed the credit cheques for the higher rent and agreed to pay that for the remainder of the contract. Or leave a cheque with the agency or with a trusted neighbour or relative who will deliver it the day they move in. I guess technically you would be paying their second and possibly third months rent not the first as that is paid in advance.

Good thinking peeps ! I may just sleep tonight

I'll call the LA first thing tomorrow and ask the question. They seem to be ok with me so fingers crossed :cool:

EmmaHerts

Could you place an ad yourself on Gumtree and offer to pay for letting fees (but only after they take the tenancy).

sussexchick

hello all

Wanted to update you with regards to the advice you gave. Contacted LA and offered to pay the 1st months rent. This was accepted and had 2 viewings. Nothing since then !

BUT ! - had 1 viewing whereby the viewer had no intention of taking on any tenancy and had come purely to view as a buyer ! He informed me that the LA had been given instructions by the LL to allow any prospective buyers to view at the same time, so now not only will I be paying for the remainder of a 12 month let where I don't live, but I'm also going to pay for the privilege whilst he bags himself a potential buyer ! when I leave this house, it will be immaculate, clean and tidy and without a tenant in place, therefore any buyer wouldn't be immediately aware of there being an AST currently in place. (I'm aware its harder to sell with a tenant in situ).

I've emailed the LL and asked him to clarify his instructions to the LA, and he has confirmed that in todays current property market, he'd be stupid to turn down any potential buyers.

Cake and eat it springs to mind ..................... :mad::mad::mad::mad:

terryw

sussexchick wrote: »

Cake and eat it springs to mind ..................... :mad::mad::mad::mad:

A bit unfair as it is your actions which has caused the landlord to consider selling now.

You can, of course, refuse all such viewings but really it is greatly to your advantage if the property does sell.