Is my landlord deliberately being obstructive ?

sussexchick

terryw wrote: »

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.

In my defence, I think I've been very fair in offering to pay for a new tenant, keep paying the rent until a new tenant is found, and offered to pay for the 1st months rent to any new tenant. It certainly wasn't my intention to be made redundant from my job, and rather than be a burden on the already exhausted benefit system, chose to accept the job offered to me in another location. If I had failed to accept this job, I'm certain any housing benefit certainly wouldn't cover the rent he currently charges and probably wouldn't be able to receive any other kind of benefit apart from JSA.

terryw

sussexchick wrote: »

In my defence, I think I've been very fair in offering to pay for a new tenant, keep paying the rent until a new tenant is found, and offered to pay for the 1st months rent to any new tenant. It certainly wasn't my intention to be made redundant from my job, and rather than be a burden on the already exhausted benefit system, chose to accept the job offered to me in another location. If I had failed to accept this job, I'm certain any housing benefit certainly wouldn't cover the rent he currently charges and probably wouldn't be able to receive any other kind of benefit apart from JSA.

I agree with everything in this post. I just don't think that your landlord is being unfair in trying to sell the property as your wishing to leave has caused him to consider this option - which could well work to your advantage.

thegirlintheattic

Don't see your issue with the buyers. Most buyer will need and want vacant possession so if he does find a buyer he will likely bite your hand off if you offer to surrender the tenancy.

sussexchick

thegirlintheattic wrote: »

Don't see your issue with the buyers. Most buyer will need and want vacant possession so if he does find a buyer he will likely bite your hand off if you offer to surrender the tenancy.

I don't have an issue with the buyers - what I do have an issue with, is the fact that the LL REFUSES to release me from the tenancy agreement. I am paying to find a tenant, not to pay for him selling the property. So I am paying to show people around that intend to buy and NOT find a tenant who is willing to take on the remainder of the agreement. The selling is actively been pushed by the LA/EA but not to find a tenant.

Additional note - I have no way of knowing whether the viewers are here to buy or rent

terryw

sussexchick wrote: »

I don't have an issue with the buyers - what I do have an issue with, is the fact that the LL REFUSES to release me from the tenancy agreement. I am paying to find a tenant, not to pay for him selling the property. So I am paying to show people around that intend to buy and NOT find a tenant who is willing to take on the remainder of the agreement. The selling is actively been pushed by the LA/EA but not to find a tenant.

Additional note - I have no way of knowing whether the viewers are here to buy or rent

From your point of view, surely it does not matter if the viewer is a prospective tenant or a potential buyer wanting to move in. Either way, you are achieving your aim of being released from your contract. When a viewing is arranged why not just ask the EA if it is a potential tenant or a potential buyer. If the latter point out that vacant possession is available.

Presumably if a new tenant is found, you are responsible for the EAs fees but if it is a buyer the owner will pay the fees.

franklee

It does matter as buying takes longer than moving a tenant in. So if the property is up for sale the chance of getting another occupant in soon is much less.

sussexchick, Given the chances of getting a new tenant are now slim I'd put an end to all viewings and offer the landlord say two months rent to end the tenancy now so he can commence viewings for sale immediately. If that's refused then you're stuck, you can ask that viewings are for let only but how could you tell? Can you get your own tenant in?

sussexchick

franklee wrote: »

It does matter as buying takes longer than moving a tenant in. So if the property is up for sale the chance of getting another occupant in soon is much less.

sussexchick, Given the chances of getting a new tenant are now slim I'd put an end to all viewings and offer the landlord say two months rent to end the tenancy now so he can commence viewings for sale immediately. If that's refused then you're stuck, you can ask that viewings are for let only but how could you tell? Can you get your own tenant in?

These were pretty much my thoughts too and I may offer this as a final resolution. I also see the previous posters points of view and take these on board.

As for finding a tenant of my own, the LL has placed restrictions and has stipulated that only one particular agent can be used, no pets and no DSS. Also I am not able to sublet or have a lodger.

Pretty much stumped really ..................

rpc

OK, so you can't sublet but what is the landlord's recourse? Eviction...

You would be liable for any damage that the subtenant/lodger caused and also for the rent to the landlord, but there is not a lot else the landlord can do other than evict you at the earliest opportunity.

sussexchick

rpc wrote: »

OK, so you can't sublet but what is the landlord's recourse? Eviction...

You would be liable for any damage that the subtenant/lodger caused and also for the rent to the landlord, but there is not a lot else the landlord can do other than evict you at the earliest opportunity.

and that's just for starters ! - I could also have a CCJ issued against me for non payment of rent, be in breach of a AST and my credit rating blown apart !

Not a route I'm prepared to go down I'm afraid, I'd be chuffed if he did evict me, I'd then be released from the tenancy agreement !

bitsandpieces

That did come to mind in terms of subletting/getting a lodger in. The main risk would seem to be if any damage was done, but otherwise what's the landlord going to do aside from evict? Of course, you may not feel comfortable with the risk, or with breaching your tenancy agreement.

If this is going to stop you from taking the new job, I guess you've tried explaining to the landlord that you'd have no money/have to claim benefits/risk being late with the rent/the council may tell you to stay until the bailiffs arrive when he does eventually try to evict...