Should I stay or should I go?

Anna1965

quantumlobster wrote: »

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:


I've just read G_M's deposit post. It's brilliant and has told me everything I need to know.

Anna1965

G_M wrote: »

No - not at this point. But check for yourself whether/where the deposit is protected. If it is not you are in a strong position as
1) he cannot serve a valid S21 to evict and
2) you can claim a penalty (any time in the next 6 years)

See



Knowlege is power. When/whether you choose to use it is different.
He is selling the property. This is a standard question the buyer will ask, so the seller needs to answer.No need to be obstructive on this - simply reply briefly and politely with the information and nothing more.

G_M, I've just read your brilliant post on deposits. It's told me everything I need to know. Thank you so much.

AnotherJoe

Anna1965 wrote: »

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

Exactly, whats worse, he tries it to chuck you out, cant get in, complains, but you will gone ina few weeks so there's nothing he can do , or you get home and find yourself locked out and needing legal action to get back in.

Comms69

saajan_12 wrote: »

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. - Indeed.

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? - no
- 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 - Possibly, but those losses need to be mitigated; and at any rate any repairs would be at the behest of the tenant => that's their loss. Fairly remote chance, and may be difficult to prove, but you could be responsible for their loss. - indeed, but the chances are so remote I'd not be too bothered



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

I'd still recommend changing the locks. It's incredibly rare for a landlord to attend with a plumber/electrician etc.


The vast majority of the time the contractor will arrange the repair with the tenant for a suitable time

timeism0ney

It's a very stressful situation Anna - I know because we've just been through something similar. I think the reason it is so stressful is that many landlords (particularly inexperienced ones) treat renting their house the same way they would treat lending you a book. They believe that the house (just like a book) continues to be their property throughout the duration of the tenancy however legally this is not quite the case - landlords have very little control over the property whilst a tenant lives there. If you think about the house you live in as your own until the tenancy ends in a legal manner, then seeing your situation as your landlord's problem should become easier. The landlord can ask you to leave, but you have a right to disagree. If you disagree, the matter will be taken to court - this is a fair, legitimate way to resolve a dispute and isn't necessarily an indication that you're in the wrong.

We are not on low income and I am not a single parent and still when the landlord asked us to move out we struggled to find another suitable property in the area. There just isn't many family homes on rental market and when they become available they go within hours. Moving out by a certain date is just not as easy as some landlords imagine it to be. Our letting agency said that if we stay beyond the end of our tenancy agreement, we will end up with a CCJ which is simply not true and just appalling given that they are in the business of letting! Section 21 isn’t recorded anywhere and will not affect your future prospects with regards to rent as long as you’re paying your rent on time, as you should.

You've been given great advice. Continue to ask questions and ask for support, you'll need it. This is a really bad patch for your family but it won’t last forever. See if you can arrange some distractions in the meantime to take your mind off this stuff every now and again, otherwise you’ll just be thinking about it non-stop until it is resolved and that’s not healthy. All the best.

Anna1965

timeism0ney wrote: »

It's a very stressful situation Anna - I know because we've just been through something similar. I think the reason it is so stressful is that many landlords (particularly inexperienced ones) treat renting their house the same way they would treat lending you a book. They believe that the house (just like a book) continues to be their property throughout the duration of the tenancy however legally this is not quite the case - landlords have very little control over the property whilst a tenant lives there. If you think about the house you live in as your own until the tenancy ends in a legal manner, then seeing your situation as your landlord's problem should become easier. The landlord can ask you to leave, but you have a right to disagree. If you disagree, the matter will be taken to court - this is a fair, legitimate way to resolve a dispute and isn't necessarily an indication that you're in the wrong.

We are not on low income and I am not a single parent and still when the landlord asked us to move out we struggled to find another suitable property in the area. There just isn't many family homes on rental market and when they become available they go within hours. Moving out by a certain date is just not as easy as some landlords imagine it to be. Our letting agency said that if we stay beyond the end of our tenancy agreement, we will end up with a CCJ which is simply not true and just appalling given that they are in the business of letting! Section 21 isn’t recorded anywhere and will not affect your future prospects with regards to rent as long as you’re paying your rent on time, as you should.

You've been given great advice. Continue to ask questions and ask for support, you'll need it. This is a really bad patch for your family but it won’t last forever. See if you can arrange some distractions in the meantime to take your mind off this stuff every now and again, otherwise you’ll just be thinking about it non-stop until it is resolved and that’s not healthy. All the best.

Hi, thank you so much for your kind words. Although, you never wish for anyone to be in the same position, it helps to hear other people's experiences. I'm glad it worked out for you in the end, but I know what you mean regarding finding suitable accommodation; it is hard. The place I'm hopefully moving to is more expensive, so that is the next challenge I face. I'm in the process of applying for weekend work to top up my salary. Most of the people I know have nice settled lives by my age - I yearn for that.

The replies I've had from people on this forum have been incredible and I'm hugely grateful; I've not only learned such a lot but my confidence has increased.

I've been trying to occupy myself with other things because if I think too much, the uncertainty of what lies ahead not only with this issue, but other things, I'd go bonkers.

Thanks again

Anna1965

Comms69 wrote: »

I'd still recommend changing the locks. It's incredibly rare for a landlord to attend with a plumber/electrician etc.


The vast majority of the time the contractor will arrange the repair with the tenant for a suitable time

It would be horrendous if I found myself locked out, so I'm prepared to take a risk with any possible consequences, and get them changed.

Comms69

Anna1965 wrote: »

It would be horrendous if I found myself locked out, so I'm prepared to take a risk with any possible consequences, and get them changed.

Just remember if you were locked out the LL would be committing a criminal offence; additionally a civil case could be brought which in the past has paid damages to the tune of 5 figures.


but yes better to get them changed

Anna1965

Thank you all so very much for the sterling advice given and links sent. You're all priceless!

I think I have enough to go on now and feel in a better and more confident position to deal with this. More will happen either sooner or later, and nearer to the end of tenancy date, so I'd really appreciate being able to ask for further advice again so that I don't trip up. Again, thank you so much

Anna1965

Hello, I've come back earlier than I expected and would be extremely grateful for advice on what has just happened.

My LL has called to tell me that the builder, who has supposedly bought this property has instructed an estate agent to put the house up for sale for them. My LL said that the builder will own this house when my tenancy comes to an end. She said if I'm not out by the 1/4 then the builder will issue a possession order as I will be an unwanted tenant. My LL said that I will no longer be their tenant either. She said I would have to pay for the possession order and all other charges.

Her text was friendly, but she started pushing me for more information on when I would be leaving. She got a little nasty (she's under pressure as well as me) when I couldn't give her any concrete dates yet. I just can't do that at the moment until I know for certain that I have the other property. She said that I'm being obstructive in not giving her any dates to go on. She keeps reminding me that she sent a letter last August telling me that my tenancy would not be renewed. The letter was not an s.21 as I now know, just a letter reminding me that my tenancy would not be renewed. I still haven't been issued with a s.21.

The estate agent of the builder wants to come next week to photograph the house and put upanother FS sign. They have a key which the LL has given them. The LL is coming too. She has texted me for my permission.

I'm trying to keep my sensible head on because I know I have certain rights as a tenant (you all so kindly advised me of that) but I'm shaking from head to toe at the moment.