Need urgent advice over Tenancy/Neighbours

Debt_Free_Chick

AnxiousTenant wrote: »

Thanks for your post, safety is much more important over money but my partner refuses to even consider remaining at the property for even more than a week or two! Unfortunately as the dog owner has shirked responsibility, tries to pass the blame onto us despite our dogs being on leads and theirs not and the fact that ours was attacked as soon as it went out if the door totally unprovoked the owner then has the nerve to say I pushed her and punched her dog in the head so the situation is escalating more and more! I certainly didn't push her I have 2 witnesses to back me up on that too so I'm not worried about that just angry that the allegation has been made! I certainly did use force against the dog but only after trying everything else to get the dog off like throwing water on it and trying to calmly drag it off but I don't regret doing it to save my dogs life.

Safety is extremely important and if you don't feel safe in your own home then it's not going to work! We will be leaving regardless, unfortunately if the landlord refuses an early surrender they will have to pursue us through the courts as we don't really have any other option.

Everyone I've spoken to about it In my family and all my friends have said themselves its the best and safest option to leave the property.

The landlord certainly has some responsibility especially when they have told the dog owner to keep the dogs on leads and also as they only gave permission for one dog not two to live there?

Knowledgeable folk here are trying to explain that - no matter how unsafe you feel - you do not have valid grounds to leave the property, with no repercussions. One's own safety is a very subjective matter; you might not feel safe, but others would.

The bottom line is that you either have to keep paying the rent until the first available exit date or negotiate an exit with the landlord.

Unfortunately, you have no right to simply leave the property and avoid paying anything further to the landlord.

In your shoes, I go for the sympathy vote ("poor me") when dealing with the landlord and definitely not the "see you in court" attitude

Good luck

AnxiousTenant

We have heard back from the Landlord that we can give 4 weeks notice and leave the property.

I have a question though, regarding the deposit will we get it back as soon as the tenancy ends? Or will we have to wait 6 months?

pmlindyloo

AnxiousTenant wrote: »

We have heard back from the Landlord that we can give 4 weeks notice and leave the property.

I have a question though, regarding the deposit will we get it back as soon as the tenancy ends? Or will we have to wait 6 months?

Good news then but please make sure that confirmation from the landlord is received in writing.

As regard the deposit this should be returned (less any money for damages etc) after you move out. You will not have to wait 6 months as your tenancy will have ended. That is why it is important that you have it written that the tenancy has ended.

florence4

That's good of your landlord.

You might like to read this for confirmation of your rights in this situation: http://england.shelter.org.uk/__data/assets/pdf_file/0005/386447/Factsheet_How_can_I_end_my_tenancy.pdf

Here is what happens if you just walk away: http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_fixed_term_agreement#what_if_i_just_walk_away%3F

As you can see, if you don't do this properly, and with the landlord's full written agreement, you will still be liable for rent, you will be liable for court costs if the LL has to take you to court, you will probably lose your deposit, you will not get references you might need to rent elsewhere, and you will probably be considered 'intentionally homeless' by the council, if you apply to them for housing.

What has happened to you is very upsetting, and if it were me, I would probably move out too, but you need to do it properly, or it is going to cause you lots and lots of problems.

AnxiousTenant

We do have written confirmation and a text confirming the offer to terminate with 4 weeks notice.

We have done our termination letter and it will be sent via recorded delivery.

G_M

Your 'termination letter' should refer to the letter (by date) you've received from the LL with his offer (ignore the text).

Hopefully your recorded delivery letter will be signed for.

Best of luck, and glad to hear you have a sympathetic landlord.

AnxiousTenant

G_M wrote: »

Your 'termination letter' should refer to the letter (by date) you've received from the LL with his offer (ignore the text).

Hopefully your recorded delivery letter will be signed for.

Best of luck, and glad to hear you have a sympathetic landlord.

Thank you, hopefully there won't be any problems.

AnxiousTenant

We have received the landlords confirmation of the decision that we can leave with 4 weeks notice, we have requested in writing that the notice start from the date of the incident although whether this would be accepted remains to be seen.

However we haven't been living at the property since the day after the incident and most of our possessions are almost out of the property now and will be completely gone within the next week or 10 days.

So where do we stand now we've given the 4 weeks notice? As we paid a month in advance we would only owe 2 weeks rent and could we request that this is taken out of the deposit?

What would happen if we cleared out and now and handed in the keys? Would we be liable for anything given the fact that we have now given 4 weeks notice and if the earlier date is accepted we are nearly a week into that notice.

[Deleted User]

AnxiousTenant wrote: »

We have received the landlords confirmation of the decision that we can leave with 4 weeks notice, we have requested in writing that the notice start from the date of the incident although whether this would be accepted remains to be seen.

Your landlord has been exceptionally reasonable in this situation, he will most likely lose money due to the termination of your tenancy and as such requesting even more considerations may be considered inappropriate by most people.

If he has permitted you to provide 4 weeks notice he is most likely now organising a new tenancy under the assumption the current tenancy is ending in 4 weeks, requesting he allow the notice be backdated over a week seems unlikely to be accepted.

AnxiousTenant wrote: »

However we haven't been living at the property since the day after the incident and most of our possessions are almost out of the property now and will be completely gone within the next week or 10 days.

What would happen if we cleared out and now and handed in the keys? Would we be liable for anything given the fact that we have now given 4 weeks notice and if the earlier date is accepted we are nearly a week into that notice.

When you sign a tenancy agreement you are agreeing to be responsible for the property which includes utilities and council tax for the period of the tenancy. Your residency in the property has no bearing on your responsibilities, even if you do not ever set foot in a property you have rented you are still required to pay rent, bills and make sure that the property is kept in good condition.

If your landlord accepts the notice being backdated then you will be responsible for council tax, utilities and the property until the 30th of May. If your landlord does not accept the backdated notice then you will be responsible for the council tax, utilities and property until the 6th of June at the earliest.

AnxiousTenant wrote: »

So where do we stand now we've given the 4 weeks notice? As we paid a month in advance we would only owe 2 weeks rent and could we request that this is taken out of the deposit?

Yes you can request this, however a landlord is only likely to accept the final rent being deducted from the deposit if you've already vacated the property and returned the keys, otherwise there may be deductions that need to be made that cannot be made because the deposit no longer exists.

Regarding the deposit being returned you should get the deposit back at the end of the tenancy (within 10 days). If the landlord accepts your 4 weeks notice then the tenancy will be ended on June 6th, which will mean you should have the deposit returned to you by June 16th at the latest.