Please help me, I'm desperate

Hattie_s24

The fixed term hasn't expired. We're only 2.5 months into the 12 month agreement.

Okay thanks for the advice, will it be on record that I received a court order eviction notice? Will this affect anything in my future such as applying for a mortgage, anything else at all?

If it comes to it, am I able to buy myself out of the contract by paying the remainder of the rent up front? This is last resort, and I'd have to take out a loan to do this, but worth it for my mental health.

Hattie_s24

I don't have the tenancy agreement on me right now, I'm temporarily lodging with a friend to avoid the conflict in the flat so I'm afraid I can't tell you. The contract itself doesn't actually say anything in it about a 6 month break clause, but on the bottom of the document on each page it says "AST with a break after 6".

The landlord is not on my side, so I don't think I'll be receiving any assistance from him.

HappyMJ

Hattie_s24 wrote: »

The fixed term hasn't expired. We're only 2.5 months into the 12 month agreement.

Okay thanks for the advice, will it be on record that I received a court order eviction notice? Will this affect anything in my future such as applying for a mortgage, anything else at all?

If it comes to it, am I able to buy myself out of the contract by paying the remainder of the rent up front? This is last resort, and I'd have to take out a loan to do this, but worth it for my mental health.

No one will ever know because the court would not know you had an eviction notice as you are returning possession before the landlord takes you to court. A section 8 notice gives you 14 days to leave before the landlord can take action in court to regain possession.

Hattie_s24

By 'returning possession' do you mean just moving out and returning the keys?

This seems like an option I may consider, my dad would kill me I imagine as he thinks I should avoid anything like this (he is the guarantor).

Is the landlord more likely to serve me with a section 8 notice, or just chase myself/my guarantor for the rent for the full 12 months?

Thanks again for all the advice

Mojisola

Hattie_s24 wrote: »

The bills are in my name earlier because she wasn't keen on setting up any accounts, and the utility companies we're with won't take more than 1 name on the bills, so they're in mine.

Hattie_s24 wrote: »

They also suggested just moving out and stopping rent, in the hope that he would seek an eviction notice.

I would move out and stop paying rent as you've been advised but make sure you take final readings and close all the utility accounts as well.

Hattie_s24

Perhaps I should pay for a solicitor's advise before taking such a drastic action?

Can anyone advise on buying my way out of the contract? Is this an option?

HappyMJ

Hattie_s24 wrote: »

By 'returning possession' do you mean just moving out and returning the keys?

This seems like an option I may consider, my dad would kill me I imagine as he thinks I should avoid anything like this (he is the guarantor).

Is the landlord more likely to serve me with a section 8 notice, or just chase myself/my guarantor for the rent for the full 12 months?

Thanks again for all the advice

You can move out now but you need to wait until you've been given a Section 8 notice first before returning possession. You can't end the tenancy until the end of the fixed term but the landlord can as not paying rent is in breach of the tenancy agreement.

If they then chase you for the rent then you can pay it before they ask your guarantor. You just need to force the landlords hand and not paying rent is most probably going to lead to eviction which ends your tenancy.

The landlord could wait until the end of the 12 month tenancy before chasing the arrears so yes it's possible you could be paying for a lot of rent. Not many landlords would want to house a non paying tenant for another 10 months.

dimbo61

If the landlord lives in Dubai who do you pay your rent too ?
Letting agents ? Who are now covered by a trade body who you can complain too.
Write another letter and email to the letting agents and LL who Must have a UK address for the serving of notices /contact even if this is the Letting agents address.
Is he she paying UK taxes on the income they get from renting.
Did you see an EPC as required by law before you can let a property.

G_M

the fact that there is a guarantor changes things.

If you stop paying rent, there is no reason for the LL to serve a S8 and evict.

He just demands the rent off the guarantor. That's what guarantors are for.

pinkshoes

So the only issue is the lack of heating and the mould?

So tackle these issues.

WRITE to the landlord/agent giving them an acceptable amount of time to fix the problem, and state that if if not fixed, you will be getting quotes youself and deducting and the amount from the rent.

The landlord should have paid for the heaters if there is no heating!