Continuing saga of my spiteful landlord

motherofstudents

When I read your original thread Sussexchick, I thought well, you are the one wanting to leave early and breaking the tenancy agreement so you have to take the consequences. However, after reading your attempts to get a replacement tenant etc I feel inclined to think that the landlord is being unreasonable.

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.

It might be worth you phoning the local council to check whether the LL will be liable for council tax. I know it used to be that you got 6 months free when a tenant leaves and the property is empty but I'm sure I have read somewhere that this has changed/is changing.

I hope you get an outcome that is acceptable to you and try not to let it get to you too much, I know how hard that is. If a tenant of mine proposed the options that you had, I would certainly go along with it so I think he is being unreasonable. He probably doesn't though.

Kynthia

motherofstudents wrote: »

It might be worth you phoning the local council to check whether the LL will be liable for council tax. I know it used to be that you got 6 months free when a tenant leaves and the property is empty but I'm sure I have read somewhere that this has changed/is changing.

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.

sussexchick

As you can see, its taken me an age to get this right, probably still not correct, but I've just had another email from the muppet and I could cry : Could you please cast your eyes over this email and give your feedback before I send it to him : (many thanks)

Thank you for your email and your suggestions/queries.

Given the fact that I have made every reasonable effort to come to a satisfactory conclusion to us both, I feel that we have now reached stalemate and would bring your attention to the following :

Your email states the following :

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 Wright Manley equivalent to 85% of a months rent.

Letting costs would be paid by me and the council tax and utilities by the new tenant. So this doesn't make any sense to me, why have you 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

Yes and also the reason why a tenant would not be forthcoming. 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 you want to redecorate for selling that's not consistent with the tenancy continuing. Or if you accept the cash for an early surrender, you can redecorate ready for sale whenever you like

and, as a second home, we would be liable to Capital Gains Tax in the fiscal year 5th April 2013 – 5th April 2014.


So you don't want to sell till after 5th April 2014 ? The tenancy ends in October 2013, so you are looking at either:

a) the Property will be 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. (Doe you 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 your income. If you can't find the right tenant in September you'll be looking at a winter void when the nights are dark increasing the risk of a break into an empty property and where you 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 you getting a tenant in and you would also pocket the extra money I am offering.
If you then sell I wonder if there is any argument you have taken the property back to use for your own ends?

After this date CGT could be managed more tax efficiently.

You could move in yourself, sort out the presentation and sell the house as your primary residence, thus no CGT liability.

So you alternative choices could be as follows :

1. Serve a section 8 for non payment of rent or other breach of the AST but you can't actually evict me if I am not less than two months in arrears by any court date.
2. I take in a lodger but you would have to go to Court to enforce this and if you require a sub-tenant out, then you would have to show that you are materially disadvantaged because they are there - this is something you are unlikely to be able to do.

I am of the opinion that you are bullying me and trying to keep me a prisoner in his house.

I have tried at every turn to ensure that you are not out of pocket financially but your refusal to negotiate and your being unreasonable, has left me no choice but to seek the lengthy legal route. Of course, mediation is available by the Courts who look favourably at those attempting to mitigate their losses.

(ok guys, do your worse, change what you need to and mark in red if possible).

Thank you to you all

Blackpool_Saver

Good afternoon, I am not going to comment re the wording, will leave that to more experienced posters. Just wanted to say I am still here reading and leaving a supportive comment, also it bumps your post. ......

sussexchick

Blackpool_Saver wrote: »

Good afternoon, I am not going to comment re the wording, will leave that to more experienced posters. Just wanted to say I am still here reading and leaving a supportive comment, also it bumps your post. ......

Good afternoon to you too and happy easter

Your post means a lot to me - thank you.

When all this saga is over, I am wanting to place a large order for a 'special delivery/present'

SC
x

Blackpool_Saver

sussexchick wrote: »

Good afternoon to you too and happy easter

Your post means a lot to me - thank you.

When all this saga is over, I am wanting to place a large order for a 'special delivery/present'

SC
x

You are welcome, I have been where you are........

bluesnake

Soubrette wrote: »

I would also make sure I was around when he was showing new potential tenants at the end of the let and let them know what kind of landlord he is.

Er.. what, you have paid for exclusive use, and then the person expect to keep the house open to show prospective tenants - definitely change the lock.

If you are not allowed to change the lock, then add another lock

moneyistooshorttomention

Errrm....well I would delete the bits about keeping you a prisoner in his house and the suggestion he might like to live there himself (not when he has a nice expensive house to live in and the place sounds like a bit of a tip from what you say). I think those two comments are way too emotive and will likely put his back straight up.

Just keep to the facts and possible options only - NO emotions.

The way he sees it is he is just looking at things on a very pragmatic level/no emotions and trying to have as much money as possible. I rather took the tone of his comments as being a hint that "...and if you can think of a way that I can ensure that I still have as much money as possible, despite you leaving, then I might be prepared to consider it if you put it to me very calmly/logically".

Where an irresistible force meets an immovable object (yep...I've been there in other contexts - with me being the "immovable object"...) I've found its often helpful to think "If I were this other party in this scenario - what would I do and what would I think if I were just out for my own interests only and blow little moneyistooshorttomention". Sometimes the way ahead becomes clearer...sometimes not....

But I've found that a helpful way to think myself fwiw....

ognum

I think it's too wordy, keep feelings out, state the facts only, should be no more than 10 lines!

Fire_Fox

sussexchick wrote: »

1. Serve a section 8 for non payment of rent or other breach of the AST but you can't actually evict me if I am not less than two months in arrears by any court date. Threatening without context
2. I take in a lodger but you would have to go to Court to enforce this and if you require a sub-tenant out, then you would have to show that you are materially disadvantaged because they are there - this is something you are unlikely to be able to do.

I am of the opinion that you are bullying me and trying to keep me a prisoner in his house.Will put his back up needlessly.

I have tried at every turn to ensure that you are not out of pocket financially but your refusal to negotiate and your being unreasonable, has left me no choice but to seek the lengthy legal route. Of course, mediation is available by the Courts who look favourably at those attempting to mitigate their losses.

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."