Leaving our Rental Early - Anything I need to do?

Okydoky25

I've posted a couple if times about problems I've had with my LL. We were told by our LA he refused our request to surrender early. Not trusting our LA at all we wrote to the LL direct but had no response (1 month). I have text & called without success although his wife occasional responds to say she will chase him for me.

We have been offered a private rental hopefully from beginning of July (our contract here is until end of Sept) I have advised in writing to our LA and LL of our intention to leave again with no response.

What do I do now? We are leaving but do I pay last months rent or hold this as unlikely to get our Deposit back or are we?

What happens with the checkout? Can I request the LA to do this or contact the Inventory company direct?

Is there anything I should do to protect ourselves?

[Deleted User]

You are legally required to pay rent until the end of the contract period and you are legally liable for the property until the end of the contract term too, this includes utilities, council tax etc.

The checkout is performed by the letting agent (or on behalf of the letting agent) and is not your responsibility. The checkout will happen at the end of the tenancy, you are responsible for maintaining the property between now and then, you'll also need to check your tenancy contract to make sure that you are allowed to leave the property empty, as this will often void your landlords insurance.

You will get your deposit back, less deductions, after the checkout has been done and the tenancy has ended. A landlord will not return your deposit while the property is still yours as you could cause damages and they would have no recourse.

Your landlord doesn't sound like he wants the tenancy to end early so to protect yourself and your deposit you continue to pay rent, you continue to keep the property in good condition and you continue to pay the bills.

terryw

Your landlord has refused your request for early termination. You are liable for the rent until the end of the tenancy.

Edit: crossed with post above

haras_nosirrah

if your landlord has refused early surrender then you have to pay rent on both properties the contract at your current property ends. They can and may well take you to court if you don't.

Like it or not you signed a contract agreeing to pay rent until a certain date and if you don't there are consequences

Okydoky25

I don't believe the Landlord has declined our request as the LA wont prove they have asked. As I (and all the landlords creditors) can't get hold of him.

The house is on the verge of repossession. Together with his business, his cars. From all I've seen so far he hasn't paid a thing in months.

I understand this is irrelevant but I'm not sitting in a house waiting to be kicked out my the morgagees when I have a property I can go to. Neither am I will to pay for the property when the LL can't even pay his mortgage. Tit for tat I know.

Fact is I'm leaving. I'm not paying anything once I leave here right or wrong as that is but would like to know what I can do to eliminate any further problems. I.e shall I get the inventory done so its recorded I am leaving the property in good repair. If I'm then taken to court which I doubt as my LL doesn't seem to have a pot to pee in and an inversion to courts! But if he did I don't wanting him claiming for damage that's in his imagination!

When we moved in the Inventory guy warned us about the LL. he had wanted them to hide an iron mark on carpet so they could charge us when we left.. Should have walked away then tbh!

[Deleted User]

Okydoky25 wrote: »

Fact is I'm leaving. I'm not paying anything once I leave here right or wrong

Then you need to consider the following:

You have a landlord that is not paying his mortgage, his car and business and not in a good financial state either and you're looking to walk away from a contract you have with him that requires you to pay him.

You're walking into a very bad situation if you refuse to pay any more rent. What does someone in financial disrepair do when they have nothing left and need to pay off essential bills and they have someone that owes them thousands of pounds? Do they just forget about it and move on, or do they take them to court to recover the money to help their financial situation?

Of all the landlords that could take a tenant to court for non-payment of rent, I think yours is the most likely to actually do it because he may need to demonstrate to creditors (if his business is having problems, if he's facing bankruptcy) that he's doing everything he can to resolve the situation. Your unpaid rent will become a carrot on a stick, it'll be a big lump sum for him of thousands of pounds, just dangling there, all it'll cost him is a few quid to go to small claims.

You may be interested in "sticking it to him" but be very wary of the repercussions for you, a CCJ is not a nice thing to have on your credit file.

Okydoky25 wrote: »

As that is but would like to know what I can do to eliminate any further problems. I.e shall I get the inventory done so its recorded I am leaving the property in good repair.

You are not leaving the property, leaving the property happens when the tenancy ends. If you took an inventory now and then at the end of the tenancy it turned out that someone had destroyed the carpets, oven and bath tub you would be responsible. "I left the property empty" is not a valid excuse. If the landlord has not agreed to end the tenancy then the property is still yours.

Okydoky25 wrote: »

If I'm then taken to court which I doubt as my LL doesn't seem to have a pot to pee in and an inversion to courts! But if he did I don't wanting him claiming for damage that's in his imagination!

He'll take you to court over non-payment of rent before he takes you to court for carpet damage. Non payment of rent is easy to prove, he doesn't need an inventory to prove that.

embob74

Usual advice re inventories is to take LOTS of photos of the condition of the property preferably with a dated newspaper in the shot.
If you have an inventory list it is best to go through each item and make sure it is in the same condition as you received it and photograph it for proof.
I imagine your deposit will be used to cover the rent you are liable for though so I wouldn't count on getting any of it back.
Although I understand why you are doing what you are doing the LL could pursue you in the courts for the rent up to the end of the contract date which isn't covered by the deposit.
The question is will they be likely to bother? I'm sure they have lots of other things on their mind but if you not paying the rent is the final nail in their coffin they may see it as a matter of principle to take you to court with the options of getting you to pay the debt or giving you a CCJ which will affect future rental applications.
DISREGARD MY COMMENTS ABOUT THE INVENTORY AS NOT APPLICABLE IN YOUR CASE.

embob74

Citricsquid put it so much better!!

sharpee

embob74 wrote: »

Usual advice re inventories is to take LOTS of photos of the condition of the property preferably with a dated newspaper in the shot.
If you have an inventory list it is best to go through each item and make sure it is in the same condition as you received it and photograph it for proof.

That is all fine but the tenants contract doesn't expire till the end of september. They are liable for the property till the end of the contract. So taking a check out report now won't help as anything could happen to the property over the next 4 months which the tenant would be liable for.

embob74

Edited my post to show future posters it is wrong!

Okydoky25

I've offered the LL payment for rent due to end the contract early he has not responded to that. He's really not bothered as far as I can see. If it was about the money why not take the cash and try to re let it or have the cash in his hands and await the inevitable Repossession?

I think he's just done a bunk!?

IF it went to court we can pay. I've got letters & emails to show everything we have tried to do to resolve this. Would a court not just think he has wasted their time if we have already offered the money he wants?