Rent Notice and new property

Confusedandneedhelp

szam_ wrote: »

Thanks for the replies, however it has left me a bit confused.

So, if the new property isn't ready by the 9th and we have to keep our things at our current place beyond the 16th (the date we have to be out by), we are liable for an extra months rent (please remember, both properties are with the same LA, and pushed us in to getting the notice in without confirmation there was any other work to do aside from cleaning up and other repairs). It doesn't seem right that despite the fact we were verbally given date, now that there is extra work which was only announced after our notice date and our notice was handed in, we have zero protection? It probably is the way it works, but it seems completely unreasonable, to me at least. - if you stay beyond the 9th in your current property you are liable to pay double rent. You contract with the LL, not the LA. Just the way it is, if you had a signed tenancy, different story. At the moment you could be homeless.

To make things worse, if things do go pear shaped, I have copies of emails to them, but have never received one back, despite them verbally acknowledging notice was given. - emails of what?

Just an aside on the mail stolen bit: yes, it's delivered to the right mail box in a communal area, but even without breaking the mailboxes, someone can easily bend them back and take what's inside. The company that own the building won't repair them or fit better ones. I'd say it's against the law to take mail from a mail box that doesn't belong to you and then try and use a prepaid card, that is in someone elses name, to the tune of 1200 euros (£1000) in the space of a couple of hours. Thankfully it wasn't activated - but the intention was still there. - thats theft and fraud and taken VERY seriously.

We're getting a mail redirect to the OH's parents, which is an hours journey away, but at least we don't have to worry about this for the time being. - Why dont you get it redirected to your local post office?


The LA is now waiting for a second quote (bartering down with two electricians I believe) - however has told my OH it should be ready on time assuming the LL makes a decision - 2 weeks to go and no update on confirmation the work is going to take place.

Reply above in red

szam_

Confusedandneedhelp wrote: »

Reply above in red

Point 1: Fair enough, it's the 16th latest, not the 9th, I just mentioned on the notice letter that we would like to hand the keys over on the 9th as this is the last date we can sign the new tenancy and get the keys before we go away, at this rate we'll be cancelling the holiday. If it comes down to it, we may be taking our belongings to parents for a while.

Point 2: Emails of notice given, we never actually had anything back confirming they had received it. Just a phone call arranging a moving date for the new property. I don't even know if this is relevant, but it'd be nice to have had something.

Point 3: Tell that to the police who arranged to come round and didn't show up, didn't call me back and quite frankly don't seem interested at all - they mentioned the usage of the card (fraud/attempted theft) would be subject to whether the card issuer will report it as a crime. I guess they didn't.

Point 4: I tried to get it redirected there, it seems everything they do has some ludicrous lead time.

If I want to get a collect set up, I have to fill in a form, send it off (could be 2-3 days before they get it) and then another 2-4 days after that before it's set up, then I have to wait to receive a card to pick up my mail.

Despite stressing the urgency of this and mentioning the Police asked me to set this up, this is the only way they'll do it. Complete joke to be quite honest. Meanwhile post can continue to be stolen for another week/week and a half. It was quicker to set up a redirect (still a ridiculous 5 working day lead time however).

Confusedandneedhelp

szam_ wrote: »

Point 1: Fair enough, it's the 16th latest, not the 9th, I just mentioned on the notice letter that we would like to hand the keys over on the 9th as this is the last date we can sign the new tenancy and get the keys before we go away, at this rate we'll be cancelling the holiday. If it comes down to it, we may be taking our belongings to parents for a while.

Point 2: Emails of notice given, we never actually had anything back confirming they had received it. Just a phone call arranging a moving date for the new property. I don't even know if this is relevant, but it'd be nice to have had something.

Point 3: Tell that to the police who arranged to come round and didn't show up, didn't call me back and quite frankly don't seem interested at all - they mentioned the usage of the card (fraud/attempted theft) would be subject to whether the card issuer will report it as a crime. I guess they didn't.

Point 4: I tried to get it redirected there, it seems everything they do has some ludicrous lead time.

If I want to get a collect set up, I have to fill in a form, send it off (could be 2-3 days before they get it) and then another 2-4 days after that before it's set up, then I have to wait to receive a card to pick up my mail.

Despite stressing the urgency of this and mentioning the Police asked me to set this up, this is the only way they'll do it. Complete joke to be quite honest. Meanwhile post can continue to be stolen for another week/week and a half. It was quicker to set up a redirect (still a ridiculous 5 working day lead time however).

Probably wouldve been worth setting up a camera to record the box. but either way.

1: You might, just might, have a case against the letting agent. But they can probably just say, we were told itd be ready on the 16th and acted in good faith. So unlikely.
2: You might be able to argue that the notice was not correctly served, but again difficult when its you serving it and signing a new tenancy, probability in court is that it was. HOWEVER, your current landlord could say it wasnt served correctly, via email, as notice is (99.9%) of the time served by letter. So you might be stuffed either way.
3: Go to the station and speak to someone, they can take statements over the phone now. And absolutely wrong, you report the fraud, not the card issuer. (well you both can) - think they got confused when you use another persons details to get a card in their name to your address, that's the fraud that a card issuer reports, this is clear theft.
4:yes unfortunately very true. Could try slipping the postie £20 to deliver them to a neighbour u trust?

Forumnewbie

Szam_ I think you have such a lot of stress at the moment and you are dealing with it really well. Getting your post re-directed to a relative is the best thing you could have done, as well as giving up on the police. Don't even think of bribing the postman as suggested above - and CCTV - gosh even more expense!
Your emails are counted as mail now by the court, so no problem there. If they didn't bounce back, he will have received them. From now on every time he phones you or your partner, email him with what he has said, just to confirm you have got it right. You could ask to have a reply by email - that is the correct way of proceeding. However I still stand by my first gut feeling that the Letting Agent is keeping you hanging on until they have a tenant ready to move into your current flat.
I would now write a polite question list to the Letting Agent, also asking to have the future Landlord's details so you can copy him in, if the Landlord himself will allow that. I would also mention that you are seriously considering moving in with relatives to avoid any possibility of double rent. That will really be your strength here and I was hoping you had that option.

booksurr

Forumnewbie wrote: »

You are entitled to an Electricity Safety Certificate.

Forumnewbie wrote: »

In reply to Confusedandneedhelp, in point order:
3. http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/health_and_safety/electrical_safety_responsibilities[/url

Forumnewbie wrote: »

A small point - you have picked out "no obligation to do so" regarding the landlord supplying an electricity certificate - yes there are lots of things a landlord is not obliged to do, but they do, because if it came to it, a court would look favourably on one who has provided not only a gas certificate but an electricity one too. It's all about showing reasonableness. Here I would advise one because there are problems with the electricity and the electrician will be attending the property anyway.

not what you said to start with - "entitled to" as you well know does not mean what you are now accept is the correct legal position. A wise LL will have his defence in place, but a tenant is not entitled to it
Quoting the shelter webpage without comment as though it supports "entitlement" when patently it doesn't, just shows that your advice is inconsistent and therefore confusing, especially if you have the background you say you do. Passing off "advice" (however well meaning) as being based on the law is what has given Letting Agents the reputation they have as charlatans

Forumnewbie wrote: »

Your emails are counted as mail now by the court, so no problem there. If they didn't bounce back, he will have received them.

genuine question - as the use of e mails is often mentioned on these boards, what is the case law that has established this? Providing a link would be of use to the whole board community and put this issue to bed since most posters on here advise the old "you must send snail mail" if you want it admissible since case law has established that a notice posted via 1st class mail is deemed to be served 2 days after mailing