Landlord won't let us leave

gazter

As i understand it, when she seeks to end the tenancy, she will fail as the deposit isnt protected.

Pixie5740

As a side note, any Section 21 she issues you with will be invalid (because the deposit has not been protected) unless she returns your deposit to you before issuing the Section 21.

benjus

OP, what do you want to do? There are various things you could do.

You could leave at the end of the fixed term. Then, if necessary take the LL to court for the return of the deposit (and the penalty for failure to protect it and server you the prescribed information, if you want).

You could stay in the property. At some point the LL will find a buyer, then will serve a Section 21 notice to evict you. Assuming that the LL did indeed fail to protect the deposit, you can then just sit it out and refuse to move. She will then have to take you to court. You then submit to the court that she failed to protect the deposit so the S21 notice is invalid, and she would then have to return the deposit to you and serve a new S21 notice. By this time the buyer may have got cold feet (or if somehow they had already exchanged contracts, may now be suing the LL for failure to complete with vacant possession).

You could stay in the property, point out some of the things she has failed to do and the potential consequences, and use it as leverage to get her to agree to you leaving whenever it suits you.

Basically she's being greedy and inconsiderate. If she wants to sell to an owner-occupier, she should wait until the property is vacant before marketing it. Any potential buyers would be foolish to spend money on surveys etc for a property that still has tenants living there - although many do, and often regret it.

fairy_lights

alleyway wrote: »

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.

What does your contract say about allowing viewings and marketing the property?
You don't have to promote the house for her, you're under no obligation to keep it tidy and presentable for viewers and she needs to give you notice before any viewings.

AdrianC

alleyway wrote: »

Who are the Deposit Scheme Operator?

They're the operator of the deposit scheme your deposit (may have been/is legally required to have been/is) protected within.

There are several companies, and all allow you to search to see if yours is :-
https://www.gov.uk/deposit-protection-schemes-and-landlords/overview

quidsy

Change the locks until you leave, that will stop viewings. You are under no obligation to allow access at all unless in emergency. Start being difficult then see how keen she is to force you into an illegal contract

jjlandlord

quidsy wrote: »

You are under no obligation to allow access at all unless in emergency.

Not true (yes... Again).

quidsy

(Text removed by MSE Forum Team)

OP,
The tenant has right to quiet enjoyment, the LL has no right to entry without your permission . The LL can in emergency gain access & bill the tenant but viewings & estate agent photo are not an emergency. The LL could take you to court to access but it will cost money & time, something they seem unwilling to spend. So dig in, mention the lack of deposit registration & the 3x possible fine & negotiate terms for leaving the property.

jjlandlord

Guest101 wrote: »

You are being abit off tonight, normally u argue contracts and correct notice period- was agreeing with that...

I previously replied to this by stating that guest101 was not agreeing but stating something without facts and which was also more likely than not wrong.

This post has been censored as judged argumentative after it was probably reported.

I see another post of mine in reply to quidsy as also be censored.

Now, if people are childish enough to report such posts perhaps they should stay in primary school.

If the mods want to encourage the very low quality and one-sided 'advice' regarding letting that we too often see on this forum then they are on the right track.

I'll probably get banned soon, so cheerio.

benjus

quidsy wrote: »

The tenant has right to quiet enjoyment, the LL has no right to entry without your permission . The LL can in emergency gain access & bill the tenant but viewings & estate agent photo are not an emergency. The LL could take you to court to access but it will cost money & time, something they seem unwilling to spend. So dig in, mention the lack of deposit registration & the 3x possible fine & negotiate terms for leaving the property.

These two statements contradict each other. Why would a court grant the LL something unless the LL had a legal right to it?