Tenant Help Please.

StuBM

I think i will see if I can dig out the contract we signed 9 years ago. I dont believe its a contract the LL is refering too, it all seems to come back to the letter she sent us advising about vacating by the end of January.

BitterAndTwisted

It is HUGELY advantageous for a landlord to be able to sell a property with vacant possession as it increases the potential pool of possible buyers exponentially. By trying to tie you in to paying the rent until the end of January the landlord is attempting to have their cake and eat it, too. I'm sure in their perfect world they would like to market the property and go through the conveyancing-process while having rent-paying tenants in there for the duration.

By giving you formal notice they risked you serving your own one rental-period's notice in return. Such is life.

Mulder00

I have first-hand experience of this. Our previous landlord was trying the same thing, telling us that we have to ensure that our move out date is as close to 30 November as possible (as that was probably the date set for exchange). He was quite pushy about everything until I mentioned "vacant possession" and suddenly it all seemed to click with him that we are doing him a favour and that it's in his favour for us to move out a little bit earlier.

RAS

Stu

Are you in Scotland or in England and Wales?

StuBM

RAS wrote: »

Stu

Are you in Scotland or in England and Wales?

We are in England.

RAS

StuBM wrote: »

Sorry to bring this up again, but this morning I sent an official email to the LL saying when we plan to move out...this the reply I have received.

Hi

You cannot send an official e-mail unless that methiod is specificied in your contract; for the serving of notices a written notice to the address listed on your contract for the serving of notices is required.

EDIT - seen the response to B&T

Please can you tell us if you have read your contract and found out when the tenancy periods run?

If the LL has quoted 31 January it is likely to be the 1st to the end of the month BUT you need to get that correct or it will cost you.

Did the notice you were sent by the LL refer to HOUSING ACT 1988 [FONT=FKDDEK+TrebuchetMS,Trebuchet MS][FONT=FKDDEK+TrebuchetMS,Trebuchet MS]Section 21(4)(a)?[/FONT][/FONT]


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RAS

StuBM wrote: »

thank you for your notice and date you shall be vacating the flat.

Can you confirm if you are intending to pay rent to 31 January 2014 as per your written request to extend termination to this stipulated date?

Will and I would like to remind you that we have been more than fair with
you both in the 9 years you have been our tenants, giving you your deposit back, only increasing rent once in the 9 year period.We are not asking for any monies towards redecoration of the place, where you have painted over things, marked walls, written on doors where you have measured your kids etc. We are just asking you to stick to the agreement which was stated on our formal letter of termination to you
both.

We have been advised to have it established whether your intention is to pay or not this money, and have also been advised that there are ways we can re-coup this money otherwise.

We await your reply, in the meantime we can confirm that we shall collect keys from you both at 12 noon on the date you are vacating the flat.

With regards to viewing the flat over a weekend, should you not be available to allow access please can you email myself and the Estate Agents well in advance so we can arrange for Will or myself to accompany the Estate Agent and viewers at these times, a set of keys will be needed for this purpose,
please advise?

Thanking your for your help and cooperation in this matter.

Best wishes,

Can we confirm that you pay your rent monthly?

StuBM wrote: »

Can you confirm if you are intending to pay rent to 31 January 2014 as per your written request to extend termination to this stipulated date?

What exactly was your written request to extend termination to this stipualted date?

When did you write to them and exactly what did you write?

StuBM

RAS wrote: »

Hi

You cannot send an official e-mail unless that methiod is specificied in your contract; for the serving of notices a written notice to the address listed on your contract for the serving of notices is required.

EDIT - seen the response to B&T

Please can you tell us if you have read your contract and found out when the tenancy periods run?

If the LL has quoted 31 January it is likely to be the 1st to the end of the month BUT you need to get that correct or it will cost you.

Did the notice you were sent by the LL refer to HOUSING ACT 1988 [FONT=FKDDEK+TrebuchetMS,Trebuchet MS][FONT=FKDDEK+TrebuchetMS,Trebuchet MS]Section 21(4)(a)?[/FONT][/FONT]


[FONT=FKDDEK+TrebuchetMS,Trebuchet MS][/FONT]
[FONT=FKDDEK+TrebuchetMS,Trebuchet MS]
[/FONT]

Okay I have found the original 6 months contract we signed and it was based on a monthly date of 27th. After that we dealt with other direct on the understanding it would be paid by 1st of each month, but nothing written to confirm this. And no there was nothing in her letter stating any housing acts.

RAS

StuBM wrote: »

Okay I have found the original 6 months contract we signed and it was based on a monthly date of 27th. After that we dealt with other direct on the understanding it would be paid by 1st of each month, but nothing written to confirm this. And no there was nothing in her letter stating any housing acts.

What exactly do you mean by a monthly date?

Please can you type out the exact clause in full as other can help you ( I have to go).

And her notice for you to leave is probably invalid - read the examples quoted by G_M

StuBM

RAS wrote: »

Can we confirm that you pay your rent monthly?




What exactly was your written request to extend termination to this stipualted date?

When did you write to them and exactly what did you write?

Yes monthly.

Not easy to write a detailed answer to that as I'm now at home with my iPad, but there was no written request only a question to ask about when she expected us to move out and a comment to say about moving out during Xmas. At that time we expected to be staying in the flat until she sold it, the response we got deemed to confirm that. I will post the exact conversation tomorrow morning.