Ending rental under difficult circumstances

Calleja

Hi all,

Bit of a back story and you may have seem some of my previous posts, but here it is in a nutshell. Building where I rent a flat was repossesed a year ago, bought last month and new letting agency took over. Just after they took over, we made an agreement to change my tenancy to weekly (as I knew my house purchase would complete soon), commencing this weekend, with a notice period of one week either side. I had organised this to adhere to the terms of my tenancy, i.e. I pay my rent on 23rd each month. I was on a periodic tenancy.

Letting agency email me on Tuesday morning to say landlord wants me out on 23rd (Sunday) as he wants to renovate flat. I emailed back saying he legally couldn't do that, but if he wanted me out, I would move if he paid for my removal costs. No response and no answers to my phone calls for 24 hours.

Last night, landlord calls and tells me he wants me out on Sunday. I reiterate that he can't do this, but I'm willing to move if he pays for it. Basically, the conversation deteriorates and he becomes intimidating and bullying and I had to hang up on him.

I know I shouldn't give in, but I've made arrangements to move on Saturday at my own cost - he has scared me too much to stay (which I guess was what he intended). But I still can't get in touch with the agency, who have a non-functional website and only a mobile number on the letter they sent me. So I have no idea how to vacate the flat, who to leave keys with, inspections etc. They are gutting the flat so in some respects, the inspection is irrelevant, but the landlord made a comment to imply he was going to attempt to withhold my deposit, and I want to limit the chances of that happening.

Anyone got any advice? I picked up the keys to my new house today and I should be jumping for joy but I'm not.

Sorry for the lengthy post and thanks for any help.

Lokolo

I believe I am correct in saying you will more likely lose your deposit by leaving on Saturday, as you haven't given notice and the landlord can say that as you haven't, you owe a month's notice (assuming periodic tenancy agreement and giving a month's notice) so will take it out of the deposit.

Calleja

Lokolo wrote: »

I believe I am correct in saying you will more likely lose your deposit by leaving on Saturday, as you haven't given notice and the landlord can say that as you haven't, you owe a month's notice (assuming periodic tenancy agreement and giving a month's notice) so will take it out of the deposit.

I have it in writing they have asked me to vacate on Sunday - so surely this is not possible?

But if I can't get in touch with the letting agency, how can I sort this mess out?

princeofpounds

If you have it in writing and agree then it is an agreed surrender of the tenancy.

Write (with proof of postage) to the address for the service of notices on your tenancy agreement. Say that you are moving out as per their requests, ask for information on how to return the keys and arrange a check-out procedure.

Guest101

WHoa whoa whoa. Lets stop a second here.

Why are you leaving? What threats has he made.

You need to go to the police, say you are being threatened with illegal eviction (a very serious criminal offence) and that you may need their help on sunday.

Come sunday if the LL tries to enter your house, you call the police, and he will be arrested, right there and then.

As for your deposit, when is your tenany due to end? He must give 2 weeks notice, 2x the notice you would give, which would be one week, if they have accepted a change to weekly.

Also where is your deposit, if it not protected, he cant serve you any notice at all.

Also were you served correct notice, IE in paper.

You need to stop for an hour, and really think about the cost implication, and if you really want this guy to get away with it.

Please tell me exactly what threats he made, its important.

Calleja

princeofpounds - to say I'm agreeing with the terms is not exactly true, I feel forced. And posting a letter is not an option as I suspect it won't get there in time.

Guest101 - other than legal action and eviction, there haven't been any threats (not saying these aren't threats, but I don't want anyone thinking they have been of a violent kind because they haven't). He was deliberately intimidating and confrontational (once he figured out I knew my rights).

I know I am in the right and have the law on my side - but as a lone female, I really don't want to risk it. Yes, he is winning, and I intend to report him (probably another thread coming!) but at this stage, I just want to leave and enjoy my new house. My deposit is protected. My concern is if I can't complete the check out procedure, they will be entitled to some of my deposit, as I won't be able to get the keys to them on a weekend, will I? Notice was via email, but all our communication has been.

Guest101

Phone him now, tell him if he wants you out early he needs to return your deposit to you. Otherwsie your not going.

You got a few male friends? invite them round for some beers, make a day of it. if he refuses.

But the more legal advice i can give, needs some background. Has the deposit been protected? Do you have the information on which scheme? Does he have a signed (by you) inventory, which shows a true representation of the flat?

princeofpounds

princeofpounds - to say I'm agreeing with the terms is not exactly true, I feel forced. And posting a letter is not an option as I suspect it won't get there in time.

Well, either you agree and leave, or disagree and stay. There is no 'disagree and leave' option unless he commits illegal eviction, and it sounds he is well short of that at the moment. You can't leave and 'report him', there will be nothing to report.

If the check-out is not completed that is more to the detriment of the landlord than you as he is the one who has to prove condition on entry and exit. Do your own check-out with photo evidence.

As for the keys, you don't have to give them back if you have not been told how. It is vacating the property not handing the keys back that is important legally.

Calleja

princeofpounds - of course you are right. I guess I want to make a point but I want an easy life too. I was hoping to at least report him for harrassment to someone. Even if they can't do anything, if it happens enough and enough people report him maybe someone would act? But good to know about the keys, thank you.

Guest101 - sorry, I dind't answer your questions. Yes my deposit is protected with DPS - I logged on last night and its still there! He only became my landlord in the last month. But up till the phone call last night, I had been dealing with a letting agency. This is the third agency during my tenancy. An inventory was never done. So he doesn't have a leg to stand on in this regard, right?

I'm not going to phone him - I know this sounds pathetic but I don't want to deal with him. It takes a bit to scare me, but I'm afraid I'm too scared to deal with someone like him when he knows where I live and work. I would rather deal with the letting agency but they are not answering my calls.

Guest101

Well atleast its protected, and if he has no inventory, he's not got a leg to stand on, to prove the state of the property, and even if he took photos one month ago, i doubt theres much chaneg at all.

Think you'll be fine. Just remember to start a dispute if he gets funny.

Just for any other readers: If you feel confident enough, do stick around, it's funny watching bad LL's lose it.

DRP

Guest101 wrote: »

Well atleast its protected, and if he has no inventory, he's not got a leg to stand on, to prove the state of the property, and even if he took photos one month ago, i doubt theres much chaneg at all.

Think you'll be fine. Just remember to start a dispute if he gets funny.

Just for any other readers: If you feel confident enough, do stick around, it's funny watching bad LL's lose it.

isn't one of the problems that the LL could claim additional rent from OP if she leaves 'early', as there is no written evidence that the LL is agreeing early surrender.

If I was OP and didn't want to contact the LL, i would be concentrating my efforts on contacting the agent - keep calling them and/or visit their office? the LL and agent are totally out of order.

Make sure you document everything.

ps. the 'get some friends around' idea is what i would also do. If you feel you have to leave on saturday, make sure the LL writes you a suitable letter there and then , agreeing to surrender of the tenancy.