Separated, how much should I provide?

JackRS

On the 10th July the day after the evictionhearing I wrote the following to the Landlords solicitor:

Following yesterday’s hearing judgment I have considered myposition and would like to make the following proposal:

I would like to offer to withdraw the counterclaim inlieu of the final months rent and any late fees indicated.

Additional if agreed I will...

1. Move out on or before 30th July and not prolong the evictionfurther.

2. Not appeal against the decision.

3. Leave the property to the required standard (as per contract).

4. Assist in viewings or allow access for perspective new tenant.

5. Pay the monetary judgment of £375 as per the court order.



On the following Friday 17th July I received thethis reply from their solicitor:

I am discussing thiswith my clients and I should be able to respond to you by close of business onMonday.

On Tuesday 21st July at 5:10pm as I hadn’t yet received aresponse I wrote the following:

I have not yet received a response and I am no longer able to moveout on the 30th. However it is possible for me to move on 31st subject to thesame offer made 10th July (below) and providing I have a response by 4pmtomorrow (Wednesday 21st July 2015).

If we are unable to agree I hereby give your clients formal noticethat I will not be in a position to vacate and that I give them no permissionto enter the premises at any time.


On Wednesday 22nd July at 4:17pm I received the followingfrom their solicitor:

Are you able toconfirm why you cannot move out on the day you have been ordered to do so?

Unfortunately, myclients cannot go against the court order and agree for you to stay until 31July 2015. The keys must be returned to the letting agent by 4pm on Thursday 30July 2015 in accordance with the order. They also cannot agree to forgo thefinal rent payment because they have a mortgage on the property that must bepaid. You are liable for rent for the time you remain in the property inaccordance with the terms of the tenancy agreement. My clients will agree toreturn the deposit to you as quickly as possible once you have vacated theproperty, so long as the property is left in the same condition as when youmoved in which I understand from the letting agent should be the case.

In an effort toreach a satisfactory conclusion and to prevent further legal action my clientswill pay the late payment fee of £100. This is payable to the letting agent andthe costs were genuinely incurred when rent payments were late. In addition theyhave agreed to pay the £375 court fee on the basis that you withdraw thecounterclaim, do not appeal against the Possession Order and vacate theproperty on 30 July 2015.

I reserve the rightto refer to this communication should further legal costs be incurred.

Later that evening I replied with:

Thank you for getting back to me with a proposal.

The reason I can’t move out until the 31st July is purely apractical one in terms of availability of the removal van and somewhere tostore my furniture and belongings.

Please could I have this extra days grace, then I can agreeto your proposal.


Then yesterday at 4:33pm I got the following:

I have instructionsthat my clients agree not to enforce the possession order until after 31 July2015 thus providing you with the extra day you require.

Apologies for theshortness of this e-mail but I am just about the leave the office for theweekend and wanted to confirm so you can make arrangements. I can set out theterms of the agreement more officially next week.

So I am relieved that I can move out and into the new placeon the same day and that I’ve managed to negotiate not paying the costs for thehearing and late fees. It remains to beseen if they will return the deposit less the final months rent.

A bit of an early birthday present, as today is mybirthday. I was packing up some stufflast night and cleaning, including cleaning out the u bend in the bath, not apleasant job but I want to return the property in the best possible state. I’m still not sleeping much typically 2 to 3hours a night but maybe that’s all I need as I don’t ever feel tired. Also getting older now it’s good to have 20hours in a day slows the time a little bit.

My ex her parents and my children are off on holiday toLanzarote for 2 weeks which will be nice for them. I was texting my daughter this week when shementioned it, otherwise she would have wanted to meet for my birthday. I’m not sure if my son is going as he hasn’tlong started his apprenticeship at an accountancy firm but maybe he can takeholiday?

My friends are all away on holiday and I have this week asholiday due to company shutdown so I’ll be getting things sorted ready for themove. Just got a happy birthday textfrom the ex, so I’ve wished her a nice holiday.

I’ve been awake since 3am this morning not that I have anypresents to open but I do have some cards to open and a future that is mine tomake of it what I wish. Some might saythat’s a gift that money can’t buy, but I think we’re all very aware of the price.

Thanks for all your kind words of support, I’ll update whenI have some news.


Take care everyone

harrys_nan

First things first,
I wish you a very happy birthday:beer::bdaycake::beer::beer:

Your nightmare is nearly over and your new fresh life can start again.
You have done well to have kept calm and can hold your head up high. You come across as one bloody nice man. It can only get better now and I hope you enjoy your life from now on.
wishing you all the very best,
Take care x

LannieDuck

Happy birthday Jack! If I knew your address, I'd send you a card

Glad you've worked out the accommodation problem. It was a ridiculous position to be in over just one day's stay.

Angry_Bear

Happy Birthday!
You've had a hard time of it this year, but it's great that you're finally able to get on with your life. This time next year all of this stress will be nothing but a bad memory.

kelpie35

A very Happy Birthday, Jack :bdaycake:

I am so happy for you that you are soon to be settled into your new home.

This is the day that we have all been hoping would come your way.

It was nice that your ex sent you that message, your son will make contact in the future, I have faith to believe that, and I hope you do to.

Try to enjoy your week off.

Take care and keep in touch.

Gigervamp

Happy Birthday Jack.

I'm glad that your landlord is allowing you to stay the extra day, that saves you a lot of stress.

Have a good day.

ampersand

Bonne Anniversaire Jack - rational and reasonable again, you've come through. I intuit landlord's solicitor strongly advising acceptance...and being listened to.
[Makes a change.]

Fingers now crossed for full and final deposit return.
#
So, today's the day you can truly dream and - - -

as we all singto Jack

to Jack

dear Ja-aa-aa-aa-aaaaaaack

TO YOU
Have a brilliant day, all day long.

spender

Happy Birthday Jack,

In a strange way it shows how much a corner has been turned that the ex remembered to send a text, this time last year the acrimony was too much. It is a new start even though you feel alone this week.

Next year will be different again, hopefully we will be hearing about some dates!

justme111

Happy birthday !
It is as good to be alone as it is to be in company. It's just we often feel grass is greener and wish for what we don't have. Excellent about animosity levels going down with ex , she may nudge your son to reconnect at some point as I am sure she wants best for him. Enjoy cleaning, it's therapeutic

Lets_say

A very Happy Birthday to you Jack.:bdaycake::bdaycake:


Two cakes as it is also my best friend's birthday.

Enjoy the day.