Landlord won't let us leave

alleyway

benjus wrote: »

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.

The LL came around yesterday and took the pictures with the agents photographer. She move loads of our things about. It really annoyed me, I felt violated. Though she has the pictures now. Wish i could have put a stop to this. I'll have to see all my things spread over the agencies websites. Above all else i'm concerned about the security of my things. We could get burgeled that our things are on display for all to see. Do you think these website are like a burglars Argos catalog?

I spoke to the LL today and found out he deposit wasn't put into one if the protected schemes agreed in the contract, and simply sits in her bank account. From what I've read on this forum is bad news for her.

I think she understands this and has agreed that i can live out my remaining on a pro-rata basis. I've got a result there, free to leave when we want.

My ideal though would be to fix a reasonable time to leave which suits us but at the same time completely stop the visitation by agents and prospective buyers until we leave.

Do you think there's a way?

quidsy

Yes, just refuse access and find somewhere else to move to asap. Change the locks if necessary and change them back when you move out. It really is that simple.

quidsy

Just re-read, it says under one of the clauses: 'Without prior notice with or without the tenants consent during the last two months of this tenancy allow access to prospective tenants or purchasers surveyors or any such person or contractor as required by the landlord or the landlords agent'

It look like I'm powerless to having people storming through the house.

This is not worth the paper its written on. Ignore it.

Bastiat

alleyway wrote: »

Just re-read, it says under one of the clauses: 'Without prior notice with or without the tenants consent during the last two months of this tenancy allow access to prospective tenants or purchasers surveyors or any such person or contractor as required by the landlord or the landlords agent'

I believe this clause is abusive. The landlord must give you 24h notice before any visit and you have a right to refuse.

"Under any kind of lease or tenancy, a landlord is required by common law to allow his tenants 'exclusive possession' and 'quiet enjoyment' of the premises during the tenancy. In other words, tenants must be free from unwarranted intrusion by anyone, including the landlord. Landlords are unfairly disregarding that basic obligation if they reserve a right to enter the property without giving reasonable notice or getting the tenant's consent, except for good reason. "
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284440/oft356.pdf

alleyway

agrinnall wrote: »

OP, you do know who has your deposit, you've given the clue in your re-reading of the tenancy agreement.

At the bottom of the page it says Tenancy Deposit Solutions Ltd (i.e. TDSL).

Whether it is properly protected and whether you have been correctly informed are separate issues.

I did check the sites and i appeared not registered. I asked the LL today and was told it hasn't been protected again the stipulations of the contract

Bastiat

alleyway wrote: »

I did check the sites and i appeared not registered. I asked the LL today and was told it hasn't been protected again the stipulations of the contract

Threaten to sue her !!! if the deposit is not returned in full. A court can force her to pay you compensation for not protecting your deposit.
http://england.shelter.org.uk/get_advice/tenancy_deposits/getting_your_deposit_back

You have all the leverage she has none...

xHannahx

quidsy wrote: »

This is not worth the paper its written on. Ignore it.

Every tenancy agreement I've ever seen has that line in, but always mention advanced notice of 24 hours.

benjus

The contract term you've copied above about viewings does, IMO, fall into the "excessive" category, as it would give the LL/agent carte blanche to enter the property whenever they feel like it. So I think that clause would be considered unfair if it were ever to come to court (which is most unlikely anyway).

Stop letting them push you around. If you were to deny them access to the property they would have 3 options: accept it, return your deposit and serve you a S21 eviction notice, or take you to court for access to the property for viewings (which would take ages and would rely on them convincing a judge that the clause you copied is not unfair, so is unlikely to happen).

alleyway

quidsy wrote: »

Yes, just refuse access and find somewhere else to move to asap. Change the locks if necessary and change them back when you move out. It really is that simple.

What implications might that have for me though? Could the LL have the right to force access?

Bastiat

xHannahx wrote: »

Every tenancy agreement I've ever seen has that line in, but always mention advanced notice of 24 hours.

They rely on the tenants ignorance of Unfair Terms Regulations