Continuing saga of my spiteful landlord

moneyistooshorttomention

Oh dear - sorry to hear about your continuing problems here.

I wouldn't say your landlord is "spiteful". He's just absolutely looking out for his own best interests and blow yours. I wouldn't say he's out deliberately to be nasty/spiteful - just wants what he wants for himself personally and it just happens that its at your expense.

Does sound like you have been trying everything you can think of.

I think his mention of "timing" in his letter to you sounds like its the crux of the problem. I don't know whats what about CGT, but I can believe that it would be beneficial to him to sell the house in one tax year rather than another. That's what is proving awkward by the look of it.

So, you can either read up everything you can get your hands on about CGT liability and see if there are any loopholes of any description there - such that it wouldn't make a difference to him after all which tax year the house got sold in. That would mean a lot of rather technical type reading and one big headache for you doing it and interpreting it and you may or may not find a way through that legislation that means it doesn't matter to him when he sells it.

On the other hand....it does look as if you have been too nice to him in fact:(. I would imagine that he is planning on keeping the "nice" tenant (ie yourself) in place as long as he possibly can - in order to get rental income as long as he possibly can. He then probably won't replace you anyway due to his plans to sell the house. I imagine he wouldn't want a replacement tenant anyway - in case they are of the "nasty" variety and stand on their legal rights (rather than leaving at end of notice period from him). I think that's your problem - ie that he doesn't want an unknown quantity replacement tenant (in case they are the nasty type).

It looks as if he is one of those landlords who wants to keep a tenant in situ as long as possible whilst also selling the house. A nice one won't get up to any of those legal shenanigans that a more immoral/nasty one would about ignoring any notice they were given and heading down the legal route to make sure it took as long as possible to throw them out.

I am shocked at all the threads I see on this sub-forum urging tenants not to move out when their notice expires and to use the law to play silly b*****s and delay their moving out and think that's probably wrong of them in most circumstances to do that.

In this case, however, your landlord has seen that you aren't that type of person (and good for you for being a decent person:T), but I think he is using your "niceness" against you and trying to have his cake (ie rent) and eat it (ie sell the house at a time that suits him personally re CGT).

Hope you find a way through this.

Is there any way you can find a replacement tenant - of the nice type - to take your place. This would mean providing the landlord with some sort of absolute proof that the replacement is a nice type and wouldn't turn nasty and expect to stay on after the expiry of a notice period from him (eg because they had got a definite arrangement provably in place to leave the country and head back to a home country elsewhere at some point soon?).

sussexchick

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.

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.

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.

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.

Thank you for your utterly brilliant and informative post. I've spent most of the night tossing and turning and mostly stressing, about the whole saga.

As a last ditch attempt I'm going to email some of your thoughts above, pointing out the blindingly obvious to the muppet LL and then if all else fails, he can go whistle for his money ! I'm now of the opinion that my offers have been more than generous. I've also emailed the LA informing them that I do not give permission for ANY viewings whilst the tenancy is running (whether this be for rental or selling).

I'll keep you updated

SC
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sussexchick

moneyistooshorttomention wrote: »

Oh dear - sorry to hear about your continuing problems here.

I wouldn't say your landlord is "spiteful". He's just absolutely looking out for his own best interests and blow yours. I wouldn't say he's out deliberately to be nasty/spiteful - just wants what he wants for himself personally and it just happens that its at your expense.

Does sound like you have been trying everything you can think of.

I think his mention of "timing" in his letter to you sounds like its the crux of the problem. I don't know whats what about CGT, but I can believe that it would be beneficial to him to sell the house in one tax year rather than another. That's what is proving awkward by the look of it.

So, you can either read up everything you can get your hands on about CGT liability and see if there are any loopholes of any description there - such that it wouldn't make a difference to him after all which tax year the house got sold in. That would mean a lot of rather technical type reading and one big headache for you doing it and interpreting it and you may or may not find a way through that legislation that means it doesn't matter to him when he sells it.

On the other hand....it does look as if you have been too nice to him in fact:(. I would imagine that he is planning on keeping the "nice" tenant (ie yourself) in place as long as he possibly can - in order to get rental income as long as he possibly can. He then probably won't replace you anyway due to his plans to sell the house. I imagine he wouldn't want a replacement tenant anyway - in case they are of the "nasty" variety and stand on their legal rights (rather than leaving at end of notice period from him). I think that's your problem - ie that he doesn't want an unknown quantity replacement tenant (in case they are the nasty type).

It looks as if he is one of those landlords who wants to keep a tenant in situ as long as possible whilst also selling the house. A nice one won't get up to any of those legal shenanigans that a more immoral/nasty one would about ignoring any notice they were given and heading down the legal route to make sure it took as long as possible to throw them out.

I am shocked at all the threads I see on this sub-forum urging tenants not to move out when their notice expires and to use the law to play silly b*****s and delay their moving out and think that's probably wrong of them in most circumstances to do that.

In this case, however, your landlord has seen that you aren't that type of person (and good for you for being a decent person:T), but I think he is using your "niceness" against you and trying to have his cake (ie rent) and eat it (ie sell the house at a time that suits him personally re CGT).

Hope you find a way through this.

Is there any way you can find a replacement tenant - of the nice type - to take your place. This would mean providing the landlord with some sort of absolute proof that the replacement is a nice type and wouldn't turn nasty and expect to stay on after the expiry of a notice period from him (eg because they had got a definite arrangement provably in place to leave the country and head back to a home country elsewhere at some point soon?).

Hi

I may not have enough money to pay his rent, but I do have some morals ! However I refuse to be bullied and 'held to ransom' by his poor attempt at keeping me held prisoner in this house !

As for trying to find a suitable replacement tenant, there are far too many restrictions placed on the tenancy agreement for anybody in their right frame of mind to take on ! ie, no pets, no DSS, no recreational drugs to be consumed on the premises (not that I do by the way), no sex Mon-Fri (please note hint of sarcasm) the list is endless !

Feeling extremely emotional this morning, tired, depressed, angry, ..............

theartfullodger

ValHaller wrote: »

Why is a Landlord not obliged to mitigate?

... ..

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

i.e. 'cos the Judge said so...

SternMusik

sussexchick wrote: »

Feeling extremely emotional this morning, tired, depressed, angry, ..............

Please don't. I know it must be very stressful, but what is the worst that can happen? The case comes in front of a judge and he/she will order you to pay an amount you can afford, hopefully taking into consideration your very generous offers to find replacement tenant/pay 3 months rent etc. And this is assuming that your muppet of a landlord takes it that far. I have a feeling that once you stop paying rent he will get back to you re: offer to pay 3 months rent.

Your landlord's CGT liabilities are not your problem. Also what he writes makes no sense since clearly the solution is to get another tenant in.

Heads up!

withabix

To the OP:

Has your current Employer moved you to another location unexpectedly?

If so, they should be paying your out-of-pocket expenses, which would include costs associated with the remainder of your current tenancy (ie by paying the extra costs in having two properties until you can legally end your current tenancy).

In the civil service for example, this was covered by 'Excess Rent Allowance' or something similar.

sussexchick

SternMusik wrote: »

Please don't. I know it must be very stressful, but what is the worst that can happen? The case comes in front of a judge and he/she will order you to pay an amount you can afford, hopefully taking into consideration your very generous offers to find replacement tenant/pay 3 months rent etc. And this is assuming that your muppet of a landlord takes it that far. I have a feeling that once you stop paying rent he will get back to you re: offer to pay 3 months rent.

Your landlord's CGT liabilities are not your problem. Also what he writes makes no sense since clearly the solution is to get another tenant in.

Heads up!

Thank you for your positive energy. I'm attempting to put together an email, based on the EXCELLENT and SUPPORTIVE advice from all you many posters, stating all of the positives re: my offer and will also state the negatives, ie, him having to serve notices etc, go to Court, but pay at last minute, basically just remind him that I too can be bloody-minded !

I'm attempting to sort out some packing, my aggression has got the better of me this morning, almost taking the hinges off the cupboard doors in the process ! :rotfl:

Shame that I'm responsible for clearing the guttering, as I'd be sorely tempted to place a few 'undesirables' in them !

Fortunately next door has a cat and a dog (you get my drift)
SC
X

sussexchick

withabix wrote: »

To the OP:

Has your current Employer moved you to another location unexpectedly?

If so, they should be paying your out-of-pocket expenses, which would include costs associated with the remainder of your current tenancy (ie by paying the extra costs in having two properties until you can legally end your current tenancy).

In the civil service for example, this was covered by 'Excess Rent Allowance' or something similar.

Hi

No I was made redundant from my current post but they have other offices based in different parts of the UK. A position became available and I was asked to apply. There is no relocation package or financial help/assistance available, I just feel lucky that I have a job !

SternMusik

sussexchick wrote: »

Thank you for your positive energy. I'm attempting to put together an email, based on the EXCELLENT and SUPPORTIVE advice from all you many posters, stating all of the positives re: my offer and will also state the negatives, ie, him having to serve notices etc, go to Court, but pay at last minute, basically just remind him that I too can be bloody-minded !

You are welcome

Post the email here before sending off, so people can give feedback.

I can feel your pain. Packing annoys me so much that I get angry and aggressive even if it is just for a holiday :rotfl: No idea how I have survived 8 house moves in the last 7 years

sussexchick

SternMusik wrote: »

You are welcome

Post the email here before sending off, so people can give feedback.

I can feel your pain. Packing annoys me so much that I get angry and aggressive even if it is just for a holiday :rotfl: No idea how I have survived 8 house moves in the last 7 years

Oh yes, I'll certainly post up the email for any final alterations, wouldn't dream of doing anything without you guys checking it ! :cool:

Be back on later once I've mastered the art of tactful negotiating email (I may be a while !)