Problems with landlord- advice please

astraea

Hi

I am in the process of loving out of a house me and my family have lived in for the last 8 years. The landlord gave me notice to leave the house at the beginning of January via a text message. I had informed him my rent would be late that month as I was having some issue with my pay. He said this was not good enough and he wanted us out by the end of febuary. We wanted to move anyway so we found another property and moved last week. We are giving him the keys back tomorrow as he has demanded them tomorrow.

He said we owed him jam and feb rent £1200, I advised him I was seeking legal advice as our deposit of £600 has never been in a protected deposit scheme and he has refused to give it back (we moved in in June 2007). I also informed him I would be informing the gas board as we have never had a gas safety check the whole time we have been there. We also have paid for repairs on things such as the shower and external fittings/painting, etc as he has refused.

He said we could call it quits if we give him the keys back tomorrow. Now there is still some rubbish at the other house that we was going to get skipped at the end of the week, he said don't bother, just give me the keys.

My question is, I want to send him another text asking him to acknowledge once I gove the keys back I don't owe him anything and he won't take further action. He has said this in a text already - well he has agreed that if I give the keys back tomorrow we will "call it quits" and that will be the end but I don't feel confident that this would be enough of he went to court.

Advice please 😁😁😁

Pixie5740

astraea wrote: »

Hi

I am in the process of loving out of a house me and my family have lived in for the last 8 years. The landlord gave me notice to leave the house at the beginning of January via a text message. I had informed him my rent would be late that month as I was having some issue with my pay. He said this was not good enough and he wanted us out by the end of febuary. We wanted to move anyway so we found another property and moved last week. We are giving him the keys back tomorrow as he has demanded them tomorrow.

A text message, is that all the "notice" you were given?

Did you give your own notice?

astraea wrote: »

He said we owed him jam and feb rent £1200, I advised him I was seeking legal advice as our deposit of £600 has never been in a protected deposit scheme and he has refused to give it back (we moved in in June 2007).

The tenancy can only be ended by the tenant or a court so if you haven't given notice then the tenancy hasn't ended although it sounds like your LL wants you out so maybe that would be a mutual surrender????

As for the deposit, well that depends on when your original tenancy started and if there had been any subsequent tenancies, either fixed term or periodic.

astraea wrote: »

I also informed him I would be informing the gas board as we have never had a gas safety check the whole time we have been there. We also have paid for repairs on things such as the shower and external fittings/painting, etc as he has refused.

The gas board? It's the HSE you would report this to although if you were really that bothered you would have reported it during your tenancy.

astraea wrote: »

He said we could call it quits if we give him the keys back tomorrow. Now there is still some rubbish at the other house that we was going to get skipped at the end of the week, he said don't bother, just give me the keys.

My question is, I want to send him another text asking him to acknowledge once I gove the keys back I don't owe him anything and he won't take further action. He has said this in a text already - well he has agreed that if I give the keys back tomorrow we will "call it quits" and that will be the end but I don't feel confident that this would be enough of he went to court.

Advice please 😁😁😁

If he wants to negotiate a mutual surrender get it in WRITING, and by writing I don't mean a text message.

G_M

Do you have a fixed term tenancy (eg you sign a new 12 month contract every year)?

Or is your tenancy monthly ('periodic' or rolling)?

If monthly, from/to what dates each month? (see link at end)

astraea wrote: »

Hi

I am in the process of loving out of a house me and my family have lived in for the last 8 years. The landlord gave me notice to leave the house at the beginning of January via a text message.
This is unenforcible. If you do not wish to leave you can simply ignore the text.
I had informed him my rent would be late that month as I was having some issue with my pay. He said this was not good enough and he wanted us out by the end of febuary.
Since he has not taken any appropriate action yet (neither a S8 nor a S21 Notice) this is just waffle. Pay the rent you owe. Sorted.
We wanted to move anyway so we found another property and moved last week. We are giving him the keys back tomorrow as he has demanded them tomorrow.
Have you and the L agreed this date as an 'Early Surrender' of your tenancy? Ideally in writing? Only if you both agree can this happen. Neither of you can end the tenancy tomorrow without the other agreeing.

He said we owed him jam
and bread? butter?
and feb rent £1200,
Correct.
* the tenency has not ended (see above)
* if you pay rent monthly, you must pay for a full (months) period UNLESS you both agree something different. Have you both agreed?
I advised him I was seeking legal advice as our deposit of £600 has never been in a protected deposit scheme and he has refused to give it back (we moved in in June 2007).
Why should he gie i back? The tenancy has not ended!
However, yes, you could claim the 3 times penalty for non-protection
I also informed him I would be informing the gas board as we have never had a gas safety check the whole time we have been there.
A bt late now! You have been putting youself/family at risk for years! Why do this now if you are leaving..... However, you make a complaint to HSE via form LGSR1 form LGSR1.)
We also have paid for repairs on things such as the shower and external fittings/painting, etc as he has refused.
too late now. You should have followed the Shelter procedure on repairs

He said we could call it quits if we give him the keys back tomorrow.
Do you want to leave tomorrow, or stay?

Now there is still some rubbish at the other house that we was going to get skipped at the end of the week, he said don't bother, just give me the keys.
??? So current LL is also the new LL? I don't understand

My question is, I want to send him another text asking him to acknowledge once I gove the keys back I don't owe him anything and he won't take further action.

Don't use text! Jeez! He has said this in a text already - well he has agreed that if I give the keys back tomorrow we will "call it quits"
Put ALL agreements in writing. A piece of paper! With signatures!
and that will be the end but I don't feel confident that this would be enough of he went to court.
correct.

Advice please ������

What are you trying to achieve here?

1) you want to stay?
2) you want to leave, but on a different day?
3) you want your deposit back?
4) you want to claim the penalty of 3 times the deposit?
5) you want to avoid paying rent for bread & jam? Feb?
6) you want the skip removed?

Or some combination of the above?

dodger1

The OP is simply asking if the LL's text will hold weight if the LL reneged and went to court. OP seems happy with the call it quits statement and all other considerations.

astraea

G_M wrote: »

Do you have a fixed term tenancy (eg you sign a new 12 month contract every year)?

Or is your tenancy monthly ('periodic' or rolling)?

If monthly, from/to what dates each month? (see link at end)

What are you trying to achieve here?

1) you want to stay?

No we want to leave, we are happy for the tenancy to end tomorrow.

2) you want to leave, but on a different day?

3) you want your deposit back?

He can keep It if we are then calling it quits

4) you want to claim the penalty of 3 times the deposit?

I do if he is going to take me to court for rent arrears

5) you want to avoid paying rent for bread & jam? Feb?

Yes, this is what he agreed to by text

6) you want the skip removed?

We have not got a skip yet, but he said he wants the keys tomorrow which does not give us time to organise one

Or some combination of the above?

Ideally we want the tenancy to end. Him not to go to court for arrears and us not to go to court for deposit. But just to end it all equal, no one owing anything. He has said he will do this via text but I don't think this would hold in court if he went back on his word (he is not very trustworthy)

What would I write and get him to sign which would end it the way we agreed via Text.

We originally signed a 12 month contract in June 2007, it has been a rolling contract since then.

Thanks

Pixie5740

Perhaps you could draft something like this:

http://www.propertyinvestmentproject.co.uk/blog/surrender-of-tenancy-letter/

Then you and he could sign it (two copies) when you hand the keys back.

kinger101

It was probably better to seek advice before finding somewhere else to live. As it is, neither of you have used the correct procedure to terminate the tenancy, so you will have to go in hoping that the terms of the mutual surrender mean you'll get your money back. I'd be trying to make sure the "calling it quits" means you have no further liability for rent from the day you move out, and get your deposit returned in full. This my prove difficult to negotiate being your LL seems prone to knee-jerk reactions, but perhaps you could suggest that you'll not take him to court for non-protection of deposit provided it's returned immediately.