Should I stay or should I go?

Anna1965

Thank you, that's very helpful information.

pinkshoes

Just another suggestion:

Dear LL.
Firstly, I have noticed that you have failed to protect my deposit which was a legal obligation. I am now entitled to sue you for 3x this deposit amount for failing to protect it.
Second, I appreciate you need me to move out by 31st March, but this will not be possible. I will not have a new rental property available until <date>.

I would therefore like to propose the following:

1. You return the deposit of £X in full by X date.
2. You rent me a local holiday rental property for X weeks until my new tenancy starts.
3. You provide a good reference to my new landlord.

I would then be happy to move out on the 31st March into the holiday let so that you can complete on your house purchase.

If this is not satisfactory to you, then I am happy to remain in my current rental accommodation as I am legally entitled to until I am able to move.

Kind regards ...

quantumlobster

On the subject of the deposit: OP, please read G_M's excellent post regarding all things depositary (shut up, it's totally a word), here:

https://forums.moneysavingexpert.com/showpost.php?p=67759912&postcount=3

Anna1965

Thank you Pink Shoes. You raise good options. I've decided to sweat it out here until I absolutely know that I can move into the other house which I have arranged. If I leave without knowing this then I put myself and my children in danger of becoming homeless, leading to no assistance from the council. It's a horrid situation all round.

Anna1965

Thank you QL, I'll take a look.

Comms69

Anna1965 wrote: »

Thank you QL, I'll take a look.

It's fairly standard, here's a summary:


LL must return deposit before a valid s.21 can be issued
You have 6 years to pursue him for 1-3x the value of the deposit (in addition to your original deposit)

ViolaLass

AnotherJoe wrote: »

Add to that, by the time the LL can initiate any legal action over changing the locks, you'll be gone and the original locks back.

And also consider that the LL will know that you've changed the locks only if he tries to get in without your permission, which, of course, he shouldn't do, unless it's an emergency.

Doing it after he's tried to get in (should he try to do so) will be too late.

Anna1965

Comms69 wrote: »

Doesn’t matter.

Breach of contract is not really a’thing’; it requires a loss. There is no loss here.

AnotherJoe wrote: »

Add to that, by the time the LL can initiate any legal action over changing the locks, you'll be gone and the original locks back.

Comms69 wrote: »

It's fairly standard, here's a summary:


LL must return deposit before a valid s.21 can be issued
You have 6 years to pursue him for 1-3x the value of the deposit (in addition to your original deposit)

Thank you Comms, for the summary; that's helpful.

Anna1965

ViolaLass wrote: »

And also consider that the LL will know that you've changed the locks only if he tries to get in without your permission, which, of course, he shouldn't do, unless it's an emergency.

Doing it after he's tried to get in (should he try to do so) will be too late.

Thank you. Even though it's scary I need to consider doing this to protect us.

saajan_12

Comms69 wrote: »

Doesn’t matter.

Breach of contract is not really a’thing’; it requires a loss. There is no loss here.

Usually yes, but I'd be careful.
If you breach a contract that says "pay rent while standing on your left leg" but you actually pay while standing on your right leg, then the LL can sue for their losses of £0 for your breach - ie doesn't matter.

If you breach a contract that says "don't change locks" but you do change the locks and then reinstate the old ones before you leave, then does the LL have any losses?
- they don't have to re cut spare keys etc as you've reinstated the old ones so their keys work
- if there's a repair / inspection / viewing permitted by your agreement for which they give 24hrs notice and you're unavailable to let them in then they may have to pay a repeat call out charge / have the damage get worse etc => that's their loss. Fairly remote chance, and may be difficult to prove, but you could be responsible for their loss.

pinkshoes wrote: »

2. You rent me a local holiday rental property for X weeks until my new tenancy starts.
3. You provide a good reference to my new landlord.

I would then be happy to move out on the 31st March into the holiday let so that you can complete on your house purchase.

The problem here is what if you agree an early termination, get the deposit/payout covering X weeks rent in a B&B, and then the new property ISN'T available after X weeks (tenants don't move out / needs repairs / LL lets to someone else etc). Even if your early termination agreement says the old LL pays for however long it takes, actually getting that money is harder, OP could have to sue for it and be homeless / paying for an expensive B&B in the interim.

The ONLY way I'd entertain this if the new tenancy contract is signed with fixed move in date BEFORE OP leaves the current place, and LL pays for the increased rent between leave date and new move in date. Then if the new place doesn't happen, its the new LL's problem, not OP's