Continuing saga of my spiteful landlord

Soubrette

sussexchick wrote: »

Do you think it would also be wrong and childish of me to pee on the carpet before I leave !

(sorry but I'm trying to cheer myself up)

Isn't there a thread here somewhere - my cat's peed in the house but I don't know where

sussexchick

SternMusik wrote: »

Is a lettings agency involved in the management of the property? If so you could offer to arrange a proper checkout with them (paid for by yourself), and hand back the keys to the agent.

Unfortunately the LL handles all correspondence - don't think he'd give you the drippings off his nose !

LA were find a tenant only (me) !

sussexchick

Soubrette wrote: »

Isn't there a thread here somewhere - my cat's peed in the house but I don't know where

Yes ! - I remember reading it haha :rotfl:

franklee

sussexchick wrote: »

Do you think it would also be wrong and childish of me to pee on the carpet before I leave !

Yes as that would punish the next occupant and not the landlord :eek: :rotfl:

Anyway back to the case in hand, as others have said keep all emails as proof you tried to be reasonable. A landlord is not obliged to mitigate his loss but you never know if it goes to court and you've been reasonable you may get a sympathetic ear.

Second that you read OFT356 Guidance on unfair terms in tenancy agreements (September 2005)
http://www.oft.gov.uk/713560/publications/guidance/unfair-terms-consumer/oft356#.UViSKlSvj7g
That way you can see what terms a likely to be to be fair or unfair.

On the deposit, has the landlord given you the prescribed information? This HAS to be spot on and is difficult to get right so check it with a fine tooth comb. If he's got it wrong it may give you a bargaining chip.

Tenancy Deposit- Appeal Case - Prescribed Info needs to be in full
https://forums.moneysavingexpert.com/discussion/4278679

Missing the rent payment after you leave while not something I would normally condone may focus his mind that you are serious.

SternMusik

sussexchick wrote: »

Do you think it would also be wrong and childish of me to pee on the carpet before I leave !

(sorry but I'm trying to cheer myself up)

I understand the temptation!!

But no, not a good idea. Sorry

However you can gloat in the knowledge that your numpty of a landlord is clearly stupid and doesn't deserve your attention and therefore shouldn't get any of it unless directly related to this case.

sussexchick

franklee wrote: »

Yes as that would punish the next occupant and not the landlord :eek: :rotfl:

Anyway back to the case in hand, as others have said keep all emails as proof you tried to be reasonable. A landlord is not obliged to mitigate his loss but you never know if it goes to court and you've been reasonable you may get a sympathetic ear.

Second that you read OFT356 Guidance on unfair terms in tenancy agreements (September 2005)
http://www.oft.gov.uk/713560/publications/guidance/unfair-terms-consumer/oft356#.UViSKlSvj7g
That way you can see what terms a likely to be to be fair or unfair.

On the deposit, has the landlord given you the prescribed information? This HAS to be spot on and is difficult to get right so check it with a fine tooth comb. If he's got it wrong it may give you a bargaining chip.

Tenancy Deposit- Appeal Case - Prescribed Info needs to be in full
https://forums.moneysavingexpert.com/discussion/4278679

Missing the rent payment after you leave while not something I would normally condone may focus his mind that you are serious.

There is an awful lot of reading involved here, definitely something that I shall be doing later this evening. Thank you for all your pointers x

kingpin1

just to make you feel better had you bought the property and needed to sell to move you would be much worse off than you are now with associated fees of house buying and selling

ValHaller

franklee wrote: »

Y
Anyway back to the case in hand, as others have said keep all emails as proof you tried to be reasonable. A landlord is not obliged to mitigate his loss but you never know if it goes to court and you've been reasonable you may get a sympathetic ear.

Why is a Landlord not obliged to mitigate?

I think this is the route to go down. Hand the keys back, give full possession back to the LL or the Agent in a way which can be evidenced in court. Effectively the tenancy is over. Make it clear so that the LL can understand. Pay no further rent, but put the money aside. (Doing it this way, you could give yourself a 1 month rent holiday)

Advertise the property yourself and act as contact, taking punter's details and passing them on to Letting Agent. Follow up with punters and note down reaction they are given.

Wait to be sued. Now, you have kept the rent safe. So if you lose, you may get a CCJ, but you can settle it within the month, so the CCJ will not be recorded on your credit record. With what you do taking details of potential tenants, you may have some scope to argue that landlord has not mitigated. If you are in luck the LL may try a S8 repo, which you do not contest.

franklee

ValHaller wrote: »

Why is a Landlord not obliged to mitigate?

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.

Our difficulties have always been with the awful timing of this early surrender. Under the terms of your offer we would be left with the maintenance and overheads of an unoccupied house, Council tax, utilities and buildings insurance costs and potential letting charges from letting agents equivalent to 85% of a months rent.

Re letting costs would be paid by sussexchick and the council tax and utilities by the new tenant. So this doesn't make any sense to me, why has the landlord made the assumption that the house will remain empty for six months given the rental market usually moves pretty quickly.

If we sold the house immediately it would be poorly presented

The house is as it is, so I do not see the presentation will change much from being occupied or empty while there is a tenancy in place. If he wants to redecorate for selling that's not consistent with SussexChicks' tenancy continuing. OTOH if he accepts the cash for an early surrender he can redecorate ready for sale whenever he likes.

and, as a second home, we would be liable to Capital Gains Tax in the fiscal year 5th April 2013 – 5th April 2014. After this date CGT could be managed more tax efficiently.

So the landlord doesn't want to sell till after 5th April 2014??? sussexchick's tenancy ends in September 2013? So the landlord is looking at either:

a) Property empty September 2013 - April 2014, during the winter months when the heating should be left on.

b) Trying to find a tenant in September who only wants a six month let. (Does he realise that selling with a tenant in occupation is far from ideal?)

c) Finding a tenant now (in the best time of year as the rental market is seasonal like the sales one) who wants anything from 6 to 12 months.

Clearly c) maximises the landlord's income. If he can't find the right tenant in September he'll be looking at a winter void when the nights are dark increasing the risk of a break into an empty property and where he will have to pay the winter fuel bills and the extra empty property insurance. Whereas springtime (now) is a good time for moving house so a good chance of getting a tenant in and he would also pocket the extra money you are offering. Is it worth spelling this argument out to him?

Have you saved the rightmove (or whatever) ads for the property for sale? Basically save everything. I would certainly withdraw your permission for viewings for a sale, if he's then selling I wonder if there is any argument he has taken the property back to use for his own ends? That would IMO need asking of a legal bod.

Also do you have written correspondence over the disrepair? Is there anyway way you could counter rent demands with disrepair? Again IMO that may be worth asking a legal bod.

Fire_Fox

I very rarely say this but .... TBH either sublet if you can find someone you trust IMPLICITLY and is happy for it to be short term only OR stop paying rent for a couple of months or even both. Totally accept this is breaching the AST but that is the point, the landlord can either suck it up or try to evict you through the courts ... let's face it you are quite happy for the contract to be terminated early!

If he serves a section 8 for non payment of rent or other breach of the AST he can't actually evict if you are less than two months in arrears on the court date, so you can play silly burgers with catching up to only one month arrears and then getting it back up to three if you wish. Hopefully he will accept early surrender or take the sublet tenant on as the real tenant just to be shot of you.

Note that I am not suggesting you scam the landlord, you should pay all the rent in full at the end of the tenancy, as I am sure from your previous thread you have every intention of. Just being tardy to force his hand.

And write refusing permission for any viewings so he cannot sell or harass your tenant, if you've changed the barrel of the lock they can't physically gain access anyway.