Ending rental under difficult circumstances

Guest101

DRP wrote: »

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.

You're absolutely right, the LL must allow ealy surrender, he cant tell you to leave and not do that. If he isnt willing to do that, defintely do not leave.

Calleja

Quick clarification - my tenancy, which is technically monthly periodic at the moment, and was due to switch to weekly on Sunday, runs from 23rd of each month. So this isn't technically early surrender? He advised on Tuesday he wanted me out on Sunday so he hasn't given me enough notice. I can't see how this could be considered early surrender.

Just want to cover my back!

Guest101

It's early surrender because you've agreed to it. He's not sevred you with a legal notice. What he's said is, can you leave by then, you said yes, he thinks 'get in'!

And to top it off instead of making him pay, and i mean pay your full deposit, a full months rent, any application fees, and any moving out fees, which you may accrue. You've instead paid yourself and now may lose your deposit.

This LL is loving you at the moment, and who wouldn't. You've literally bent over backwards for him

Calleja

I'm not worried about the costs - they are minimal as I am now moving into my own house. But I have it in writing (albeit email) that he has asked my to leave. I accept that I have 'agreed' in essence, but I fail to see how I can then be held for a months notice not given?

No doubt someone will come along and suggest I should be more clued up on my rights as a tenant....

It appears to be another case of the bully wins in life.....

G_M

In your previous two threads relating to this switch to weekly tenancy, various questions/issues have been raised.

But the bottom line is that it is irrlevant here now.

* if you want to leave for a quiet life, then leave. But make sure
a) you have written agreement for an Early Surrender of the tenancy, clearly stating the date, signedby the landlord(or hisagent).

b) negotiate whatever terms you want before you agree: eg your removalcosts, your deposit return in full, compensation for lack of notice etc, and get those also in writing

* Alternatively, make an issue of this and stay. You have every right to do so. If the LL wantsyou toleave he must give you at least 2 months notice via a S21 Notice (irrespective of the switch to weekly tenancy or not).

Your choice

Calleja

Thanks G_M. I hear what you are saying. But this is just unbelievable. All I'm asking for is my deposit back, which I'm entitled too, and to feel safe when I sleep at night. And clearly I can't have both.

I can't get in touch with the agency. They were the ones who wrote to me originally to say they were now managing me. So surely they should sign the statement to say they agree to release me? (I don't care about the terms anymore). So if I can't get in touch with them, where do I stand, as I have no way of getting in contact with them before the weekend now? (I REALLY don't want to contact the landlord)

EDIT - sorry, when I say I don't care about the terms, I mean agreeing terms to me moving out such as removal costs, not the terms of the tenancy, which I am clearly trying my best to adhere to.

Guest101

The problem is, is the agency actually managing it. who do you pay rent to?

I'm really sorry for your situation, but sometimes you need to either fight for what's your's, or walk away.

Since it's in a scheme, there's a chance that the email you have - if that email is a point of contact on your tenancy - may help you prove your case.

However, the LL could just as easily say - thats not my email, i dont know what shes talking about.

You need something in writing.

I dont understand why you're so scared. What's going to happen if you ring him?

- I'm tempted to ring himn for you! Your rights are being abused, i really feel bad for you, and just a tad annoyed that all the advice we give is right, but you dont seem to have it in you to take it (i'm not having a go, just trying to show you that you can do this)

Calleja

You are right of course. But I just feel like this is one I'm not going to win if I go head to head with him. I need him to agree to giving me a letter of agreement for early surrender this weekend as thats when my rent is next due and I'm sure he will come up with reasons why he can't make it this weekend. Which means I then have to pay my rent or I would be living there illegally but I'm certainly not staying there as I reckon he will make my life a living nightmare so I would be paying a weeks extra rent to prove a point. I guess I'm going to have to walk away. Some battles are worth fighting and I'm not sure this is one of them, I have enough on my plate at the minute.

I have a letter from the agency stating they are managing me. I also have email correspondence back and forth when we were organising the weekly rental. I'm hoping this is evidence enough that the property was being managed by them, email was our normal form of correspondence and that if they have sent notification to vacate on a certain date, then thats what I did, rather than move without giving notice.

Wish me luck....

Thanks all.

Guest101

Well best of luck, I hope you get your deposit back

Calleja

So I did a lot of thinking last night, and to demonstrate that I was listening to all your advice, I tried to contact my landlord today. I called the number he phoned me on, the person who answered initially denied knowledge of him but when I insisted he had contacted me on the number previously, he eventually said he wasn't available and would get him to call me back at lunchtime (he sounded surprisingly similar to be honest...). I received no call at lunchtime or any other time (but admittedly my phone was out of reception most of the day where I work and I don't have voicemail). I tried again just now and gone straight to voice mail.

I now admit that what I should have done, is stood my ground and at least given a weeks notice from this weekend, as previously agreed, and just moved and left the flat empty. However, hindsight is a wonderful thing and I had already cancelled my utilities by the time I discovered the risk my deposit is at. So I will still fight it but I've accepted I may have to walk away.

I'm posting this update so you know that I listened to you all! I didn't want you thinking I asked for advice and didn't take it! And hopefully someone else might read this and not fall into the same trap.

Maybe I'll post later with an update about my deposit....!

Thanks again all. Everyone has been a great help on this forum throughout my house buying saga!