Tenancy Issue

macster77

Hi,

I've been renting this place for a few years now. My current year-long tenancy ends in June 2014. A few weeks ago, I spoke to my LL and we agreed that I could leave early in March 2014.

My work circumstances have changed. Am very busy and will be even more so in February.

I need more time, but my LL says no. I have never been late with rent, have even paid in advance at times. I also know that the LL does not have anyone lined up, as in replacement tenant. Even offered a bit more if I could stay on for a few months, or stick to the original tenancy.

I know that I can't be kicked out with out a Section 21, followed by a possession order. How soon can the LL get this?

I definitely can't move out by early March. Got a few work trips in February, culminating with the MWC at the end of Feb.

Any suggestions?

anselld

What have you got in writing regarding your offer and LL acceptance of early surrender?

Guest101

Is this agreement in writing???

pmlindyloo

It does appear that you are not on particularly good terms with your LL if they are refusing to allow you to stay and they have not got new tenants lined up.

You are right that you do not have to leave until they issue you with a Section 21 and get a court order. It is complicated since you are in a fixed term and normally the LL could not issue a Section 21 until the end of the term, hence the question about whether you have your 'surrender' in writing. Am not sure whether this means that you have legally ended the tenancy agreement and the LL could issue a Section 21 under these circumstances.

In truth, if you require a reference for a future tenancy then you may want to think about keeping your LL 'on your side' and finding temporary accommodation to coincide with when you said you would leave.

If this is impossible then you may need to sit tight until your LL goes through the court process.

Maybe give Shelter a ring to clarify about the 'surrender' and whether the LL can issue a Section 21 and then you would know approximately how long you have.

macster77

Yeah, it's in writing. I e-mailed LL, LL e-mailed back.

But, in the response e-mail, it also states that if need to stay longer, I will be charged accordingly (pro-rated). This and that fact that I have not been served with a Section 21, can I use these two points to eek out the extra 2-3 months that I need?

ROFL, the LL is probably p**sed/annoyed. LL didn't put my deposit in scheme, only did so when I asked not to long ago (which is like years later from when I started living here). Missed gas checks. Never given me a receipt - not even a single one. Etc. So..... I called the LL a cheater and liar. Lol, also said that the LL is a criminal, 'cos some of these actions are essentially criminal offences.

anselld

If you legally surrender your tenancy you do not need s21 for the tenancy to end.
Furthermore if you stay beyond the agreed date the LL may charge mesne profits of 2x rent.
However, you are probably lucky that the LL seems incompetent and such an inconclusive email (which is not writing by the way) is unlikely to hold up in court as surrender of tenancy.
Sounds like you deserve each other really!

macster77

pmlindyloo wrote: »

It does appear that you are not on particularly good terms with your LL if they are refusing to allow you to stay and they have not got new tenants lined up.

You are right that you do not have to leave until they issue you with a Section 21 and get a court order. It is complicated since you are in a fixed term and normally the LL could not issue a Section 21 until the end of the term, hence the question about whether you have your 'surrender' in writing. Am not sure whether this means that you have legally ended the tenancy agreement and the LL could issue a Section 21 under these circumstances.

In truth, if you require a reference for a future tenancy then you may want to think about keeping your LL 'on your side' and finding temporary accommodation to coincide with when you said you would leave.

If this is impossible then you may need to sit tight until your LL goes through the court process.

Maybe give Shelter a ring to clarify about the 'surrender' and whether the LL can issue a Section 21 and then you would know approximately how long you have.

The thing is, something new came up and I am hoping to finalise a move, a new role, outside of the UK. Car and acco provided. Just waiting for offer letter, but they seem to be taking their own sweet time!

Even if this falls through, I will still have to move as I want to be nearer to the office and LHR. On top of that, am away for about 16-17 days in Feb.

Tbh, am not too concerned about reference, as I tend to pay for 6 months up front, and usually secure a bigger discount by doing this.

Thanks. Guess I will just sit tight, see what the LL does.

macster77

anselld wrote: »

If you legally surrender your tenancy you do not need s21 for the tenancy to end.
Furthermore if you stay beyond the agreed date the LL may charge mesne profits of 2x rent.
However, you are probably lucky that the LL seems incompetent and such an inconclusive email (which is not writing by the way) is unlikely to hold up in court as surrender of tenancy.
Sounds like you deserve each other really!

LOL! Nice one

But... can the LL kick me out in early March without a possession order, most likely when I am on a work trip? If so, how quickly can the LL obtain one?

It's a nice place actually, fully furnished and all. The LL is a new LL, doesn't follow rules, etc. Time to move on.

Had a quick look on Rightmove. Rent nearer to the office (and LHR) is easily £1.5k or 2k even, unfurnished

Guest101

macster77 wrote: »

Yeah, it's in writing. I e-mailed LL, LL e-mailed back.

But, in the response e-mail, it also states that if need to stay longer, I will be charged accordingly (pro-rated). This and that fact that I have not been served with a Section 21, can I use these two points to eek out the extra 2-3 months that I need?

ROFL, the LL is probably p**sed/annoyed. LL didn't put my deposit in scheme, only did so when I asked not to long ago (which is like years later from when I started living here). Missed gas checks. Never given me a receipt - not even a single one. Etc. So..... I called the LL a cheater and liar. Lol, also said that the LL is a criminal, 'cos some of these actions are essentially criminal offences.

Email is not writing! When will people learn!!!! Grrrr

Just deny all knowledge

Guest101

macster77 wrote: »

LOL! Nice one

But... can the LL kick me out in early March without a possession order, most likely when I am on a work trip? If so, how quickly can the LL obtain one?

It's a nice place actually, fully furnished and all. The LL is a new LL, doesn't follow rules, etc. Time to move on.

Had a quick look on Rightmove. Rent nearer to the office (and LHR) is easily £1.5k or 2k even, unfurnished

No they can't, that's why you would pay double rent.

Ll might not know the rules but neither do u, sorry

Guest101

macster77 wrote: »

Yeah, it's in writing. I e-mailed LL, LL e-mailed back.

But, in the response e-mail, it also states that if need to stay longer, I will be charged accordingly (pro-rated). This and that fact that I have not been served with a Section 21, can I use these two points to eek out the extra 2-3 months that I need?

ROFL, the LL is probably p**sed/annoyed. LL didn't put my deposit in scheme, only did so when I asked not to long ago (which is like years later from when I started living here). Missed gas checks. Never given me a receipt - not even a single one. Etc. So..... I called the LL a cheater and liar. Lol, also said that the LL is a criminal, 'cos some of these actions are essentially criminal offences.

No they aren't.