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Landlord said Id be evicted at the end of 6months only 5 weeks in to tenancy. Help!
Comments
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Deposit it held with deposit protection scheme.
You need to use the arbitration service of the deposit scheme then. Prove to them that you've paid the bills and they'll find in your favour, I should imagine.
You're unlikely to get anywhere trying to sue for stress, as on paper you only ever had a 6 month tenancy agreement, even if it was suggested that this might be extended.0 -
Wow. I have not used this forum before but am thrilled at the amount of guidance already offered. - Welcome.
So to back story here. When the landlord declared her threat to evict me at the end of the 6 months, I just said id rather go now then as im only 5 weeks in and I dread to have to move again after settling 5 months later. - Whilst unfortunate, you signed a 6 month contract, the least and most to expect at that stage (despite the verbal assurances, which I do understand) is 6 months. I made it as clear as possible that i was deeply shocked and frustrated of this term, but ive never actually recovered the full reason for her action on this other than her own squibbling bizarre attitude. - In reality she doesn't need a reason. Put it down to anything you like, but ultimately it's whats happened. ( the only instance I can think of for a reason is for asking if I can change my rental due date to the 1st of each month instead of mid month to help my bill flow. So I would have paid extra one month to take it up to the 1st and then go from there etc etc…not at all demand of the century, and if anything Id be putting my self on the line there more than she would have been in this case. - As long as your rent is paid 'by' that date, it's irrelevant when you paid it, since you suggest paying it in advance, you didn't need to ask. The only thing that was replied is that she would grant and agree to early termination, and then she waited for me to move out again as soon as i found somewhere. - In writing? So in that respect im not liable for any contracted rent for the whole period. - Depends, legally a surrender should be a deed, which this isn't. She emailed me with the acknowledgement of early termination which I assume has legal standing, - Not so much, but better than nothing. and ive reminded her a number of times in conversation that the reason is because im being made unwelcome more than im just surrendering. (Which i felt needed to be clear). - It's irrelevant though, unfortunate, but irrelevant.
Even though i was bullied out ive not given the whole situation much thought untill now it comes to finalising and wanting my deposit but she says shes holding it for proof of bills being paid which I have sent her receipt for - Was the deposit protected? the bills aren't her issue. Ignore this request. they're your bills, tell her to Foxtrot Oscar. but she says there not the correct ones ( as its screenshots from bank transfers and authorization codes). - irrelevant, ignore this request. Now looking back at the whole thing which was strung out over this summer 15, im starting to reflect in absolute rage and feel like just ordering her into country court for demand of my deposit, - The scheme which has your deposit is your first point of call. and also feel like suing her for so much stress and disruption for her deceptive deal. - You cant But Im not sure if because i left on my own accord ( though bullied out from feeling unwelcome) I may have lost a case by being so complaint??
Thanks
You had rights, under the protection from harassment act and the protection from eviction act. - But it's too late to flex those now.
The only thing left is to claim your deposit back via the deposit scheme.0 -
You need to use the arbitration service of the deposit scheme then. Prove to them that you've paid the bills and they'll find in your favour, I should imagine.
You're unlikely to get anywhere trying to sue for stress, as on paper you only ever had a 6 month tenancy agreement, even if it was suggested that this might be extended.
Bills are irrelevant. Nothing to do with the deposit as the LL is not party to the bills.0 -
So to back story here. When the landlord declared her threat to evict me at the end of the 6 months,
If you have a 6 month AST then you're really only "safe" for 6 months. After that any landlord could take steps to evict you with relative ease so it wasn't much of a threat.I just said id rather go now then as im only 5 weeks in and I dread to have to move again after settling 5 months later.
If you dread having to move every 6 months or so then you'll have a problem renting in England and Wales. Most AST are for 6 months or 12 months and then can become periodic after that unless you sign a new fixed term.I made it as clear as possible that i was deeply shocked and frustrated of this term, but ive never actually recovered the full reason for her action on this other than her own squibbling bizarre attitude.
If she was being rude and demanding this that and the other I don't understand why you continued conversing with her at all about anything.( the only instance I can think of for a reason is for asking if I can change my rental due date to the 1st of each month instead of mid month to help my bill flow.
Now we're getting somewhere. What about the landlords cash flow? If you manage your money properly it shouldn't matter what date you are paid on and what date your rent is due. If you get paid at the end of the month and your rent is due on the 20th you just don't spend the money. It really is that simple. (I speak from experience of getting paid on the 28th and rent due on the 22nd). Asking for a change in rent date could have started alarm bells ringing with your landlord that you're someone who can't manage money very well.So I would have paid extra one month to take it up to the 1st and then go from there etc etc…not at all demand of the century, and if anything Id be putting my self on the line there more than she would have been in this case.
That's not what you agreed to when you signed your tenancy agreement though. If the shoe were on the other foot would you like it if your landlord tried to change the rent date.The only thing that was replied is that she would grant and agree to early termination, and then she waited for me to move out again as soon as i found somewhere. So in that respect im not liable for any contracted rent for the whole period. She emailed me with the acknowledgement of early termination which I assume has legal standing, and ive reminded her a number of times in conversation that the reason is because im being made unwelcome more than im just surrendering. (Which i felt needed to be clear).
You're lucky she agreed to the surrender. I understand that you felt unwelcome but you can't just unilaterally decide to end a contract you should have sought advice first but in this instance it seems to have worked out ok for you.Even though i was bullied out
Bullied seems a bit strong. You could have blocked her number or just not answered her calls. Job done.ive not given the whole situation much thought untill now it comes to finalising and wanting my deposit but she says shes holding it for proof of bills being paid which I have sent her receipt for, but she says there not the correct ones ( as its screenshots from bank transfers and authorization codes).
Your bills are your bills and have nothing to do with your landlord. You don't have to send her a thing in relation to your utility bills nor is it a reason for her to withhold your deposit.Now looking back at the whole thing which was strung out over this summer 15, im starting to reflect in absolute rage and feel like just ordering her into country court for demand of my deposit,
Ordering her into court? :rotfl:
Use the deposit scheme, that is what it is there for. If she doesn't agree to arbitration then you can take her to small claims court.and also feel like suing her for so much stress and disruption for her deceptive deal.
Forget about suing her for stress and disruption, it ain't going to happen. What deceptive deal? You had a 6 month AST, you could have lived there for at least 6 months but you decided to leave early.But Im not sure if because i left on my own accord ( though bullied out from feeling unwelcome) I may have lost a case by being so complaint??
Thanks
We get it, you think you were bullied, I think you could have just ignored her calls. If things escalated and she started turning up at your home unannounced then you could have reported her for harassment.
You have no case against your landlord for stress or deception. Focus on the return of your deposit and then try to put this behind you. Most tenants have had at least one poor experience with a landlord and I'm sure most landlords have had at least one poor experience with a tenant.0 -
legally a surrender should be a deed
I don't think that's true (at least not for a tenancy of under 3 years). However, a signed and clearly written document should be used for an express surrender. If you only have an email it probably won't cut it - but it may be sufficient to demonstrate "surrender by operation of law" which is basically summed up as: "where both parties act on the basis that the tenancy has ended, the result will be that the tenancy has ended"Let's settle this like gentlemen: armed with heavy sticks
On a rotating plate, with spikes like Flash Gordon
And you're Peter Duncan; I gave you fair warning0 -
I don't think that's true (at least not for a tenancy of under 3 years). However, a signed and clearly written document should be used for an express surrender. If you only have an email it probably won't cut it - but it may be sufficient to demonstrate "surrender by operation of law" which is basically summed up as: "where both parties act on the basis that the tenancy has ended, the result will be that the tenancy has ended"
I remember reading something about it.
I agree in practice it's as you say, and most courts would take the simpler approach of 'you both agreed'0 -
I'm lost. You took a 6 month tenancy. You were then upset that it was only going to last 6 months?0
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Dear ex-landlady,
Thankyou for terminating the contract early, on date xx. You have asked to keep the deposit in case there were unpaid bills. I would like to reassure you
a, I have paid the bills in full and closed my accounts with the utility companies.
b, Nowadays, debts are attached to people, not properties. So even if I had unpaid bills, you would have nothing to worry about.
Please release my deposit from the deposit scheme,
Yours.....0 -
Here's a link to say that the landlord shouldn't worry about bills which are in your name:
http://england.shelter.org.uk/get_advice/tenancy_deposits/getting_your_deposit_back/deductions_from_tenancy_deposits
I think your landlady was very kind in releasing you from the contract after 4 months. Therefore be kind back, and reassure her about this bills issue. Then you can get your deposit back, and move on with your life.
In the future, if you want to stay for a long time in a rented place, it's best to ask for a longer contract.0 -
Deposits can be used for rent arrears if that is what the tenancy agreement says.
A late gas safety certificate is indeed an offence but the HSE (who enforce) will really not be concerned here as
* a GSR was issued
* it was arranged by the LL without the tenant having to chase/threaten
At worst, HSE would write to the LL saying "don't arrange it late next time."
A 6 month contract was signed. Rent can be demanded for the full contract period unless agreed otherwise.
Strictly, a Deed of Surrender should be signed, witnessed and executed, otherwise the contract stands. In practice courts will usualy accept a clear, written, signed agreement.
A vague conversation is unlikely to be accepted though.
I've not read the entire thread, or even the full posts by OP as the text is too dense, with too much irrelevance to wade through, but the above seem salient points.
(please use some paragraphs - one for each relevant point).0
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