Rental dispute / my deposit / unreasonable lamdlord

BCH_2

Hi money saving experts

I need some help. I'll try and be as succinct as possible.

We rent and are moving. We found a new house, got referenced, passed and put in our notice to our current house. So I said 4 weeks / month notice and we are out. However, the agent pointed to a clause in the contract that said notice needs to be submitted before the rent due date or I am liable for another month. We missed the March deadline by 4 days. Which means it's almost 2 months notice. I am now afraid my new landlord will say not good enough, who was next in the queue? My solution, like I've done before is to serve those extra 4 days and pay for them which I thought was fair.

Now here is the thing. I called the landlord (not the agent) to appeal to their better judgement. They're not property magnates, just us living in the deceased mothers house. She said, and this was astounding I can't afford for you to leave! I can't afford to cover the month that the property will be vaccant!

But what is galling is this: had we submitted notice on time, moved out, new prospective tenant views, accepts, hands in notice, house empty for 4 weeks! (the house isn't a starter house, I can't imagine many prospective tenants will be chain free - i can't see them narrowing their field of options to include chain free prospects)

So we move out on 12th (not 8th like contract) pay 4 days and the landlord just needs to accept that during a transition the property is usually vacant for up to 4 weeks. We are their first ever tenant so they are clearly deluded.

Now, what it seems is like we are being penalised for some extra money, but still, STILL, they will have a month transition in a month or in 2 months it doesn't matter.

I am going to pay the 4 days, hand back the keys and say sue me. Or what I do is seek a compromise and say "you've got me bang to rights, I'll pay a release fee 2 weeks rent" This upsets me as they get some extra money but will still face the 4 week wait for a new tenant.

If they don't accept and I only give them the 4 days and say sue me could they keep my deposit?

Hmm not very succinct. Congrats if you made it to the end! And thank you for all your help.

mrginge

I got confused halfway through.
If you're asking if your notice needs to line up to your rental periods then the answer is yes.

[Deleted User]

I was going to reply to this post but I think I'll let less blunt (he he) people reply.

lighting_up_the_chalice

Your notice should line up with tenancy periods so, on the assumption that your tenancy started on the 8th, and you served notice on the 12th, the LL is entitled to almost 2 months notice, expiring on the 8th of, presumably, May.

However, you may agree, with your landlord, to a shorter period ending on whatever date you both deem acceptable.

I would suggest having a chat with your landlord, explaining how much co-operation you will give to assist with viewings etc if they agree the shorter notice, and how inconvenient it might be if they held you to the longer notice but were unable to offer viewings etc. A bit of "you scratch my back" might resolve the issue for both parties.

starblazer777

Yes the landlord will deduct your unpaid rent from your deposit, as you have acknowledged in your post, you missed the notice period and they are therefore entitled to a further months rent. They would not need to sue you for this, unless obviously your deposit does not cover the amount outstanding in which case they can elect to sue for the reminder.

Was your deposit protected? I would suggest offering the landlord some incentives to agree an early surrender i.e. co-operation with viewings etc.

BCH_2

Thanks all for the replies. I am annoyed as you can see, but I am absolutely aware of my duties in respect of the contract signed.

My deposit is in TDS - I'm not sure if this means it is protected? Anyone help with that?

I shall keep negotiating perhaps offering some incentives to the landlord.

What gets me is that it just seems a bit money grabbing when it seems quite unnecessary. We give a month notice, pay the extra days, they wait for a new tenant, we move on. I just can't get my head around why they would be so obtuse about it. I've been renting for years and have had similar situations where delays in referencing or whatever have meant a short overstay. Whatever way you look at it, they are OK, nothing much is different.

Anyway, as you all kindly note I'm bang to rights and the only solution is some mutually beneficial compromise.

Thanks again.

Tigsteroonie

BCH wrote: »

Anyway, as you all kindly note I'm bang to rights and the only solution is some mutually beneficial compromise.

Really? I read this as the LL is bang to rights in charging you for the full rent to the end of the tenancy period; and the only solution you have is to negotiate to a possible compromise.

BCH_2

Tigsteroonie wrote: »

Really? I read this as the LL is bang to rights in charging you for the full rent to the end of the tenancy period; and the only solution you have is to negotiate to a possible compromise.

I seem to have confused you somewhat. Basically I know I am obliged to pay as per the terms.

BCH_2

Quizzical_Squirrel wrote: »

Tig, I think you're working on a different interpretation of the phrase 'bang to rights'.

It's more usual to interpret this phrase as something like 'it's a fair cop, Guv!'

Think I've watched too much Porridge.

Yes, that's what I was getting at.

Does anyone know about protected deposits? If it boils down to a dispute and you look at the facts I lose. Always.

G_M

BCH wrote: »

Does anyone know about protected deposits?
Yes.
If it boils down to a dispute and you look at the facts I lose.
correct.
Always.

You mean you've done this before? And not leared the lesson.....?

[Deleted User]

I am hoping to move on from my present private rental very soon. I know that when I find a place, I will be given two weeks to take it up and move in. This could mean I need to pay at least two weeks double rent (in fact if I have to give notice a few days past the beginning of the rental period it could be closer to 7 weeks rent although I only have to give one month notice as not in fixed term). Nothing I can do. Irritating? Oh yes. But still nothing I can do.

I'm just relieved to be moving on. The LL is selling the place, he's not going to be getting another tenant. He will just take whatever rent he can get from me. For me, its part of the 'moving costs'. No more viewings.., as no need for a reference. Expensive.., yes.., but the LL will lose more than me., finally. I just hope he keeps asking for too much money for the house so it takes ages to sell.

Yes, I'm not an overly nice person but neither is my LL lol!