Landlord won't let us leave

alleyway

Please help!

I'm a week until the end of my fixed term tenancy agreement and the landlady says she wants to sell the property immediately, though if i want to leave I'll need to give here two months notice! This two months was stated in the agreement, though given the circumstances feel her actions nullifies the agreement. She should have spoken to me two months prior to the end of the agreement should she wish to enforce it.

Basically she wants full rent until she has a buyers cash in her hands. She doesn't care about disrupting our lives in the process with viewings, photographing our personal belongings, essentially using us to promote the house we'll be served eviction from sometime soon. All while I'm paying her for the privilege.

None of this works for us as we have our wedding in a few months and thus would rather move on immediately.

Please can someone help with advice?

terryw

Just leave on the last day of the fixed term. As a matter of courtesy you might let the LL know.

alleyway

Thanks for your reply.

The problem being I need to guarantee the return of my deposit. She would likely say she would be entitled to. No?

anselld

You can leave at the end of the fixed term without notice. Make sure your deposit is protected in an approved scheme.

alleyway

I think its just sitting in her bank account.

G_M

I) this England /Wales? If so, is the deposit registerd? Read:

* Deposits (payment, protection and return)

2) When the fixed term ends you can leave without notice. Tht's what 'fixed term' means. Does not matter abou a clause in the contract. Read:


* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy?

3) if you want to leave, the amount of notice you must give depends if your tenancy is
a) fixed term (as now)
b) a SPT (see link above) or
c a CPT (see link above)

https://forums.moneysavingexpert.com/discussion/5180214

Pixie5740

Your LL failing to protect your deposit is way more of a problem for her than it is for you. In fact it's a good ace to have up your sleeve.

Assuming you're in England or Wales, your LL can put anything she likes in the TA, it doesn't make it enforceable. You don't need to give any notice if you leave at the end of a fixed term. You will need to give notice if the tenancy become periodic though.

What do you want to happen?

marcarm

You might want to politely remind her of her legal obligation to protect the deposit and provide you with the correct information, and that it appears to not have been done you are within your rights to sue for up to 3 times the deposit amount.

They sound an absolute nightmare, wanting their cake and eating it at the same time.

The ball is totally in your court here, if you don't leave, you automatically go on a periodic tenancy, and unless she is selling to a new landlord, she will need to have the house empty before she can exchange. Serving you with notice/going to court to enforce it etc can take months, so to make life easier for her you might suggest you leave on your terms with full return of deposit, otherwise you won't go anywhere until the bailiffs turn up.

Guest101

Point her in the direction of this forum. She can then be reminded if everything she's failed to do

alleyway

I've just read over the contract again, I've given some wrong info. What i have is an assured shorthold tenancy agreement. I'm also based in the UK

Further reading suggest the deposit is held with 'The Deposit Scheme Operator' and dispute claims be send to the TDSL. I've searched this online and not come up with what would appear to be the right company. I've also searched our address via the three UK deposit companies registered on the Shelter website, though our details seemed not to be registered.

Basically the landlady has confirmed via email that outside of our tenancy agreement she's not going to put rent up until she sells the place (which she expects to be quick) and serve us two months notice at that point. Though I i want to leave I have to give here two months notice! I feel we're being trapped and manipulated.

What i want ideally given one week is a little ambitious for a move is to live out one month from next week, leave with full deposit.

Guest101

alleyway wrote: »

I've just read over the contract again, I've given some wrong info. What i have is an assured shorthold tenancy agreement. I'm also based in the UK

Further reading suggest the deposit is held with 'The Deposit Scheme Operator' and dispute claims be send to the TDSL. I've searched this online and not come up with what would appear to be the right company. I've also searched our address via the three UK deposit companies registered on the Shelter website, though our details seemed not to be registered.

Basically the landlady has confirmed via email that outside of our tenancy agreement she's not going to put rent up until she sells the place (which she expects to be quick) and serve us two months notice at that point. Though I i want to leave I have to give here two months notice! I feel we're being trapped and manipulated.

What i want ideally given one week is a little ambitious for a move is to live out one month from next week, leave with full deposit.

If u stay, it becomes two months notice.

If the deposit isn't protected, don't say anything. Stay for the first few weeks. Contact her, tell her the deposit isn't protected. In exchange for not suing her u'll agree an early surrender, full deposit returned. She'd be a fool to say no.