Continuing saga of my spiteful landlord

sussexchick

Fire_Fox wrote: »

Be careful you are not threatening the landlord in writing: consider wording this differently. Badly written but something like

"As you are aware I am being made redundant so will have no income from xxx date. This means I will have no way of meeting my contractual obligations as far as rent is concerned, a distressing possibility at such a difficult time. My options are as follows

1. Seek an early surrender of the tenancy and compensate you for any losses whilst you find a new tenant. I have made four offers to you to this effect all of which remain on the table
2. Remain in the property and claim state benefits. This can take many weeks to come through and I would only be eligible for the 'one bedroom' rate of £xx so there is a high risk of rent arrears
3. Remain in the property and take in a lodger. Additional income may affect any benefits claim so there is a high risk of rent arrears
4. Accept a new job at reduced income in another part of the country. I would be unable to cover rent and bills on two properties so there is a high risk of rent arrears
5. Sublet the property to a new tenant to cover the rent and bills.

As I understand it your options are as follows
1. Accept an early surrender of the tenancy including the compensation offered, relet the property
2. Wait until I am two months in arrears and serve a section 8 notice for non payment of rent. Apply to the courts for repossession (approximately two further months), this will be granted providing the tenant is two months in arrears on the day the case is heard
3. Serve a section 8 notice for other breaches of the tenancy agreement. Apply to the courts for repossession (approximately two further months), you would have to show that you are materially disadvantaged due to any alleged breach.

Please let me know which route you would prefer to take, I am sure you are as worried as I am about the possibility of rent arrears accruing and eviction through the courts. I am open to alternative suggestions and would be happy to attend court mediation if you feel this would help us broker a mutually beneficial solution."

YOU ! Fire Fox ! are brilliant ! :beer:

I absolutely love it !

(lifts text and puts into email)

You are my bestest friend forever :A

motherofstudents

Kynthia wrote: »

As far as I'm aware, the landlord won't be responsible for council tax whilst there is a tenancy. The tenant remains liable until the end of the tenancy and the landlord only has to send a copy of the AST to the council to confirm this.

I was thinking if the tenancy was surrendered early and the LL was looking for a new tenant. Doesn't look as if he wants to do that though and he has reasons to reject everything OP suggests.

ValHaller

franklee wrote: »

I can see that it feels like he ought to, and a sympathetic judge may side with the tenant on the day but unfortunately IIRC there is case law that says a landlord isn't obliged to mitigate his loss in the case were a tenant leaves early.

theartfullodger wrote: »

Reichman v Beveridge
2006 Court of Appeal
Landlord not under duty to mitigate lossso...

Hmm. We are in the realm of courts and precedent here. However in the case of Reichman & Dunn -v- Beveridge & Gauntlett, it appears that the tenancy in question was a 5 year commercial tenancy which would have been given under deed rather than under contract. And one of the reasons for Beveridge and Gauntlett losing was that they had a right to assign the tenancy - which OP would not have.

So, I don't feel that this particular precedent is binding for OP's case. If LL denies OP all means to mitigate her losses and raises R&D -v- B&G as his precedent for sitting pretty in his manger on taking the matter to court, then OP could produce evidence of LL denying OP means to mitigate and argue that her case differs from R&D -v- B&G. Not a comfortable place to be, but I feel that the way she is taking it does tend to undermine R&D -v- B&G

Fire_Fox

sussexchick wrote: »

YOU ! Fire Fox ! are brilliant ! :beer:

I absolutely love it !

(lifts text and puts into email)

You are my bestest friend forever :A

I've written much better but that can take days of editing, I find it quite therapeutic when I am annoyed.

Please do wait until some of our resident professional landlords have checked it over for errors, I know the basics but I am no expert on the legal side. They may even be able to strengthen the parts about legal action without coming over as threatening or crowing about what a weak position he is in.

Not convinced it will have any effect on your obtuse and intransigent landlord but at least it is clear that you are bending over backwards to avoid rent arrears. Honestly.

sussexchick

ValHaller wrote: »

Hmm. We are in the realm of courts and precedent here. However in the case of Reichman & Dunn -v- Beveridge & Gauntlett, it appears that the tenancy in question was a 5 year commercial tenancy which would have been given under deed rather than under contract. And one of the reasons for Beveridge and Gauntlett losing was that they had a right to assign the tenancy - which OP would not have.

So, I don't feel that this particular precedent is binding for OP's case. If LL denies OP all means to mitigate her losses and raises R&D -v- B&G as his precedent for sitting pretty in his manger on taking the matter to court, then OP could produce evidence of LL denying OP means to mitigate and argue that her case differs from R&D -v- B&G. Not a comfortable place to be, but I feel that the way she is taking it does tend to undermine R&D -v- B&G

Thank you - still gathering all information and will be lifting this extract and presenting to legal advisors. I've not worked out yet just how I shall pay for legal advice, but definitely worth a call to CAB. Any other suggestions as to free legal representation ? - wouldn't qualify for legal aid though.

Many thanks

sussexchick

Fire_Fox wrote: »

I've written much better but that can take days of editing, I find it quite therapeutic when I am annoyed.

Please do wait until some of our resident professional landlords have checked it over for errors, I know the basics but I am no expert on the legal side. They may even be able to strengthen the parts about legal action without coming over as threatening or crowing about what a weak position he is in.

Not convinced it will have any effect on your obtuse and intransigent landlord but at least it is clear that you are bending over backwards to avoid rent arrears. Honestly.

All points noted and will duly wait for additional information.

In the meantime, April's rent will be transferred over, whilst the unsuspecting, obtuse and intransigent LL has no idea of my intentions

terryw

The local CAB should have a list of local solicitors who offer thirty minutes free.

sussexchick

terryw wrote: »

The local CAB should have a list of local solicitors who offer thirty minutes free.

Thank you TW

Thrugelmir

sussexchick wrote: »

In the meantime, April's rent will be transferred over, whilst the unsuspecting, obtuse and intransigent LL has no idea of my intentions

Ultimately your LL has the law on their side. Providing there's no breach of the contract you are bound by its terms. The purpose of a Court is not to mediate. In fact you'll get short shrift from a Judge from if you attempt to do so. As a Judge will be bound by the law not personal opinion.

sussexchick

Thrugelmir wrote: »

Ultimately your LL has the law on their side. Providing there's no breach of the contract you are bound by its terms. The purpose of a Court is not to mediate. In fact you'll get short shrift from a Judge from if you attempt to do so. As a Judge will be bound by the law not personal opinion.

Thank you for your post. I'm going off the advice of a post as follows " If you go to court, they do have a mediation service which you can go to where the mediator goes between the two of you and they try very hard to get to a solution without going ahead with the court hearing. If this doesn't work, you still go ahead and take it to court".

Are you saying this is not correct ?