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Over-holding rent

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Comments

  • mrginge
    mrginge Posts: 4,843 Forumite
    G_M wrote: »
    Bear in mind the other potential costs as listed by mrginge

    OP seems to be happily bypassing these other potentials.

    Lets say for example -
    The LL puts the new tenant up in a hotel for the two weeks.
    Or
    The LL employs a lawyer to assist with the termination of your now unlawful occupation.
    Or
    The new tenant withdraws from the contract and the LL spends three months getting a replacement.

    And of course the LL may just take the view that they can simply change the locks and boot you out. Now I'm not saying thats the correct thing to do, but lets say he did and you were out on the street. How would the police look at this scenario when the LL showed them your notice, your rent paid up to the end of the notice and the brand new tenant installed in the house? How would you prove to them that you were still entitled to occupy that property?
  • Kryptos
    Kryptos Posts: 34 Forumite
    mrginge wrote: »
    OP seems to be happily bypassing these other potentials.

    Lets say for example -
    The LL puts the new tenant up in a hotel for the two weeks.
    Or
    The LL employs a lawyer to assist with the termination of your now unlawful occupation.
    Or
    The new tenant withdraws from the contract and the LL spends three months getting a replacement.

    And of course the LL may just take the view that they can simply change the locks and boot you out. Now I'm not saying thats the correct thing to do, but lets say he did and you were out on the street. How would the police look at this scenario when the LL showed them your notice, your rent paid up to the end of the notice and the brand new tenant installed in the house? How would you prove to them that you were still entitled to occupy that property?


    Interesting scenario and a good question, the answer is I don't know.. but the locks issue would not happen as my wife will always be in the property and not leaving the apartment until the 2 weeks are over as she's with the baby, so she can always open the door :-) I'm just hoping the new tenant can understand our scenario, she saw my wife and she seemed like a nice girl ! Hopefully she'll be understandable and come to a friendly agreement. I don't mind paying but I'm just hoping it won't end up costing me over £800 total costs and also getting bad references on top of everything. Landlord is also an understandable person.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    It seems that the OP let his landlord know about the situation and asked about staying an extra 2 weeks before the landlord agreed to re-let the property to anyone.

    The landlord has to minimise his loss here, so cannot ignore OP, re-let, then claim plenty of costs.
  • Kryptos
    Kryptos Posts: 34 Forumite
    jjlandlord wrote: »
    It seems that the OP let his landlord know about the situation and asked about staying an extra 2 weeks before the landlord agreed to re-let the property to anyone.

    The landlord has to minimise his loss here, so cannot ignore OP, re-let, then claim plenty of costs.


    Thanks for this, yes, so 3 days before I told the landlord about my wish to remain another 2 weeks, the new tenant was and still is undergoing reference checks, which as you say, does not confirm that she has the contract. The question is, can she still sue the landlord for this which would incur costs on my side?
  • pyueck
    pyueck Posts: 426 Forumite
    Kryptos wrote: »
    Interesting scenario and a good question, the answer is I don't know.. but the locks issue would not happen as my wife will always be in the property and not leaving the apartment until the 2 weeks are over as she's with the baby, so she can always open the door :-) I'm just hoping the new tenant can understand our scenario, she saw my wife and she seemed like a nice girl ! Hopefully she'll be understandable and come to a friendly agreement. I don't mind paying but I'm just hoping it won't end up costing me over £800 total costs and also getting bad references on top of everything. Landlord is also an understandable person.

    I think the first thing to do is speak to the landlord. Quite possible that you can agree to change the move out date. From the landlords perspective better to have a definate end date than an unhappy tenant who you are not quite sure when will move out.
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