Should I stay or should I go?

timeism0ney

This is probably Anna's landlord catching up on things!

Anna1965

John_G_Jones wrote: »

You’d hope not, after such a long notice period during which you seem not to have indicated that you’d not leave.

Of course you could rent an Air BnB, go on a cheap holiday, stay with friends or the like, but that’d be a bit of effort, so why not just leave the landlord stuffed instead of suffering a bit of inconvenience?

Thank you for your reply, Mr Jones.

Pixie5740

John_G_Jones wrote: »

You’d hope not, after such a long notice period during which you seem not to have indicated that you’d not leave.

Of course you could rent an Air BnB, go on a cheap holiday, stay with friends or the like, but that’d be a bit of effort, so why not just leave the landlord stuffed instead of suffering a bit of inconvenience?

Ok, I'll bite. What notice period? The OP hadn't served notice and the landlord hasn't served notice, not that notice served by the landlord would end the tenancy anyway.

Why would or should the OP, the consumer in this relationship, inconvenience herself when she has a legally binding contract allowing her to live in the property? Given that this is primarily a forum for consumers I find it bizarre that someone would suggest the OP masssively inconvenience herself when there is no need to do so. The landlord, the business owner, has tried to have his cake and eat it and now it has backfired. That's not the OP's fault or concern.

Anna1965

I've received an email from the LL asking for my bank details so that he can return my deposit. He's obviously realised - or been advised of - the tricky situation he's created with protecting my bond so is now attempting to return it.

I'm right on your previous advice that I should ignore the email and his request?

I know I'm asking the obvious, but I'm so frightened of slipping up, I need to double check with you wonderful people first.

Pixie5740

Anna1965 wrote: »

I've received an email from the LL asking for my bank details so that he can return my deposit. He's obviously realised - or been advised of - the tricky situation he's created with protecting my bond so is now attempting to return it.

I'm right on your previous advice that I should ignore the email and his request?

I know I'm asking the obvious, but I'm so frightened of slipping up, I need to double check with you wonderful people first.

You don't have to ignore his request. He probably has realised he's cocked up the deposit as well and can't issue a valid Section 21 without returning your deposit first. Even if he issued valid notice today you'd be gone before he was able to apply for a possession order so there's no harm in getting you money back now.

G_M

Give him the details.


As Pixie says, at best he returns the deposit Monday 24 Feb, serves a S21 Tuesday 25th, to expire 25th April. Then he still has to apply to court..


And if you ignore him all he has to do is send you a cheque, buying you, what another week?


Chances ar the S21 will still be invalid - so many ways to get it wrong.

Anna1965

Pixie5740 wrote: »

You don't have to ignore his request. He probably has realised he's cocked up the deposit as well and can't issue a valid Section 21 without returning your deposit first. Even if he issued valid notice today you'd be gone before he was able to apply for a possession order so there's no harm in getting you money back now.

Great, thank you, Pixie. That's clearer now.

I need to go back and look at the advise given about the LL entering the property/agents/lock changing. I've bought a new lock.

The terms in my TA say the following:

To permit the LL or the LL's Agents and all other persons authorised by them at all reasonable times by appointment (but at any time in case of emergency or suspicion of illegal activity) during the Tenancy to enter into and upon the Property for purposes of carrying out and completing any structural or other necessary or property repairs to the property or for the puposes of examining the state and condition of the property or for the purposes of examining the state and interior of the property and of the furniture and effects.

The Agent (agent's name) may at any time perform a 'spot check' on the property to ensure the terms of the tenancy agreement are being upheld and the tenant is happy with the property.

To permit the LL or the LL's Agents at all reasonable times in the day within the last 28 days of the Tenancy to enter upon and view the property with prospective occupiers, etc.

If you or anyone has any thoughts on the above that would be great, but I'll check back at what everyone has said re: changing locks and the implications.

Slithery

Anna1965 wrote: »

To permit the LL or the LL's Agents and all other persons authorised by them at all reasonable times by appointment (but at any time in case of emergency or suspicion of illegal activity) during the Tenancy to enter into and upon the Property for purposes of carrying out and completing any structural or other necessary or property repairs to the property or for the puposes of examining the state and condition of the property or for the purposes of examining the state and interior of the property and of the furniture and effects.

So unless it's an emergency they have no right to enter without agreeing with you first.

To permit the LL or the LL's Agents at all reasonable times in the day within the last 28 days of the Tenancy to enter upon and view the property with prospective occupiers, etc.

The end date of the tenancy isn't yet known as no court order or mutual surrender has taken place. Therefore it is impossible for the agency/LL to state that you are in the last 28 days of your tenancy.

Anna1965

G_M wrote: »

Give him the details.


As Pixie says, at best he returns the deposit Monday 24 Feb, serves a S21 Tuesday 25th, to expire 25th April. Then he still has to apply to court..

And if you ignore him all he has to do is send you a cheque, buying you, what another week?

Chances ar the S21 will still be invalid - so many ways to get it wrong.

Thank you so much G_M!

This is the daftest question I'm going to ask now, so please forgive me in advance: So by no way that accepting the deposit back at this stage is tantamount to accepting the end of the tenancy?

Slithery

Anna1965 wrote: »

Thank you so much G_M!

This is the daftest question I'm going to ask now, so please forgive me in advance: So by no way that accepting the deposit back at this stage is tantamount to accepting the end of the tenancy?

No. Not in any way.