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Unfair Landlady?!

2

Comments

  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    For legal advice contact a solicitor.
  • topdaddy_2
    topdaddy_2 Posts: 1,408 Forumite
    Legally a precedent has been set. And a legally binding contract in the process.
  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    Does you GF have any proof that she made the offer to pay the rent and that this offer was refused?
  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    As your GF pays rent monthly and there is no agreement on how long the tenancy should last she has a periodic tenancy. She therefore has to give notice of not less than one rental period (monthly in this case). The notice must be given at the end of a rental period (so on the date the rent is paid). Therefore if she pays rent on the 1st of the month for the previous month then she must serve notice on the 1st of the month, and then pay rent and be out of the property on the 1st of the following month.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If this were to go to court, the key problem would be evidence, proof and who the judge believed.

    There is a tenancy - that is not in dispute.
    There is a monthly rent, paid by standing order - that is not in dispute.
    The rent is paid either in advance, or arrears. That IS in dispute.

    The fact that initially rent was not paid might strengthen the LL's claim that rent is paid in arrears. Indeed, LL might claim the unpaid rent from the start of the tenancy if relations deteriorate.....

    A full tenancy period's notice is required. You do not make clear if this was provided, but if this dispute went to court the LL might also claim for inadequate notice.

    The repairing issues, damp, LL access to property, turning on of heating during your holiday etc are all irrelevant. These could have been addressed during the tenancy in a variety of ways, but do not affect the issue of rent owed at the end of the tenancy.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    Leaving notice aside, considering that she lived there rent free for months, can't she show some good will and offer to pay at least part of what landlady asks?
    GF looks like she wants her cake and eat it, IMHO.
  • houseimprover
    houseimprover Posts: 301 Forumite
    jjlandlord wrote: »
    Leaving notice aside, considering that she lived there rent free for months, can't she show some good will and offer to pay at least part of what landlady asks?
    GF looks like she wants her cake and eat it, IMHO.
    but....but....but that's not the legal view and the OP only wants the legal view on a forum that pretty much anyone can reply on when if they want proper legal advice they should go and pay someone for it....

    bad you!
  • dodger1
    dodger1 Posts: 4,579 Forumite
    sparkychris wrote: »
    The offer to clear arrears was rebuffed....

    Is that in writing? If not I'd just pay the month the LL wants and GF is still in pocket.
    It's someone else's fault.
  • sparkychris
    sparkychris Posts: 572 Forumite
    Thank you team, for your sensible answers, and thanks for the sarcasm too- made me smile at least!

    I appreciate that should i require legal advice i should go and pay for it, i just wondered if there was anybody out there that might know the answer to my question, thats all.

    i can form opinions myself on behalf of both parties- i could guess at this, i could suppose that... as i have said, i was hoping somebody would know the facts thats all... It would seem that my question doesnt have a black and white answer- before i posted, i thought it may have done- and it is apparent i was wrong.

    apologies to anyone i may have offended with my brass neck.

    :)
    :cool::cool: lurker:cool::cool:
  • topdaddy_2
    topdaddy_2 Posts: 1,408 Forumite
    Not sure you are reading the same posts as me.
This discussion has been closed.
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