Want to leave my rented property but feel stuck.

G_M

Fire_Fox wrote: »

I'm rusty!! :rotfl: And more than happy to be corrected by you or one of the other more knowledgeable pros!

Really? I thought that was your natural colour!

IwasSTUPID

@Firefox. at the front it says its an assured shorthold tenancy agreement, it has got the name he signed Printed as the landlord but i know thats not his real name. the address where i can get hold of them at is on the front too.

the landlord and the mother both live at the same property, which they are renting.

@G_M im not that kinda tenant, i let people in whenever the mother has also said she is going to come and sit in the garden with me in summer as she misses the garden.. Im thinking i should get a little tougher tho,
thank you again you have all given me a boost of confidence.

IwasSTUPID

date started 01.02.2013 date end 01.042013. unless tenancy extended if so the new tenancy agreement has to be signed 3 working days before 01.04.2013.. there was only a verbal agreement that i was looking for long term when i came to look originally..

G_M

IwasSTUPID wrote: »

date started 01.02.2013 date end 01.042013. unless tenancy extended if so the new tenancy agreement has to be signed 3 working days before 01.04.2013.. there was only a verbal agreement that i was looking for long term when i came to look originally..

My post above was to advise what you could do, not necessarily what you should. It gves you options! You are right - it is always better to be friendly/diplomatic where possible rather than legalistic.

Given the dates above, you can

1) leave on 1/4/13 without notice (again - this is a legal option, not advice! It's polite/sensible to let the LL know in advance!)

2) sign a new tenancy (any time! The 3 working days is just what they'd like - it has no legal validity).

3) NOT sign a new agreement, but stay anyway.

The only legal action the LL can take to evict you if you do this is to serve you with a S21 Notice dated to expire after 1/8/13 (6 months from the start of the tenancy - this is why Firefox thought an AST must be a minimum 6 months). However, since the depsoit is not registered, even this would be invalid, meaning you could continue to stay. No new tenancy agreement needed - but you must still pay rent!

IwasSTUPID

so if i just sat here for next 6 month not signing anything and not paying rent, just to get my money. how do i stand then?

if i go to CAB and ask for help will i get it..and will get my money back. ive had nothing but bad landlords for the last 10 years and im about done.. i wanna get tough..

G_M

IwasSTUPID wrote: »

so if i just sat here for next 6 month not signing anything and not paying rent, just to get my money. how do i stand then?

You'd be evicted by the courts via a S8 Notice for rent arrears, and ordered to pay the rent, and the LL's court costs.

Read the last sentence in my post above!

Fire_Fox

IwasSTUPID wrote: »

so if i just sat here for next 6 month not signing anything and not paying rent, just to get my money. how do i stand then?

if i go to CAB and ask for help will i get it..and will get my money back. ive had nothing but bad landlords for the last 10 years and im about done.. i wanna get tough..

You aren't getting your money by withholding rent, you are putting yourself into breach of contact and risking legal action. People here are very happy to help you be tough but you should follow the legal process as it is laid out to protect tenants.

If they want to give you a no fault eviction (section 21) they have to give you your damage deposit back first because they failed to protect. So one option as G_M says is stay put, pay rent, do not sign another contract and wait for them to try to evict you.

Better option is to write a letter using the Shelter template, then a latter before action, then actually take out a small claims action in the county court. You will win if you are organised, it's a clear case it does not cost much and the costs will be charged to the landlord. Note that you need to be writing to the landlord themselves which is usually the property owner, so you may need to be writing to the mother if that is who is listed on land registry. But it might be best to send a second copy to the son if he is acting as her representative or agent.
http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_and_tenancy_deposit_schemes
http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/getting_an_unprotected_tenancy_deposit_back/negotiating_the_return_of_a_tenancy_deposit

I'm also not clear if you actually want to stay put or move, on the one hand you say you want to leave on the other you can't afford to be asked to leave in April.

Soot2006

I would recommend leaving the day BEFORE the end of fixed term date on your "AST" as it looks a little dodgy.



Edited to say, I think I meant the whole "arrangement" seems dodgy. But of course G_M is right, if the dates are clear and the payment periods are clear, etc, then dates are contractually clear.

G_M

Soot2006 wrote: »

I would recommend leaving the day BEFORE the end of fixed term date on your "AST" as it looks a little dodgy.

Provided the start and end dates on the tenancy agreement are as the OP states, there is nothing dodgy.

The tenancy seems to have a clear start date and clear end date.

Agreed - usually calender months are used (ie 01/2 - 31/3), but provided there is no ambiguity, any dates can be used.

IwasSTUPID

I wouldnt really not pay my rent, i just had the devil on my shoulder while i was thinking lol..because if the name is a fake name on the agreement, i know its not him.. what leg does he have to stand on legally..
but no i will always stay on the right side of the law.

Im guessing he will be up sometime this week to get a new agreement signed.. as i have to pay the rent of the first of each month.

I thought this place was going to be my last move for some years to come.. he told me he would be wanting to rent out the property for at least 10 years.. while his mortgage was being paid off. I thought he was moving in with his mother, turns out they all used to live here and are now renting the place they are in, which doesnt make sence to me at all. the place isnt even his its his mothers according to her..

I would of been happy here IF i could of felt safe here, if i had of known what the agreement had in it, before i moved in i would never of moved in in the first place. I had no option but to sign when all my stuff was in a van outside. I didnt have time to read 18 pages..

If i had a place to go with my animals id be gone before the first of April. if i could also guarantee that i would get both deposits back on leaving..
but i have neither.. so i will stay seek legal advice and look for some where else to go, and leave soon as i find a place. i have not broken or damaged anything ive actually gone round fixing stuff.

will let you know what CAB says, but again thank you for your help you have help alot..

I spoke to my mum earlier, we came up with an idea that the property isnt any of theirs, maybe they were renting in before me the actual owners will be back soon, and he has made a fast few quid by doing a fake agreement.. that will be just my luck lmao... but i would have squatters rights right?? lol