Help! Landlord Returning!

onwards&upwards

It probably wasn’t the best idea to serve your own notice, because now you really do have to ge5 out or you’ll be liable for double rent.

If you hadn’t done that you could have stayed, paying your normal rent, for some time after the landlord’s preferred date giving you more time to find somewhere new.

RMW9129

In hindsight, you're probably right. I think we were more concerned about paying the extra money for the three days and just quickly responded with the counter serve.

We've never been in this situation before so it's definitely a learning process!

G_M

1) & 2) - are you sure? This is unusual as it is 1 year and 1 day. If it was a 1 year Term it would end on 13 August 2019.......



3) what are the terms of the Break Clause?


4) & 5).The S21 requires 2 calender monthe notice. It should have an expiry date on it which should be no earlier than 15th July.



6) Did the notice you served comply with the terms of the Break Clause? If not, your notice has no legal force. In that case you can (should) simply leave at the end of the fixed term (13th or 14th August).


Was the S21 acompanied by a Notice in accordance with the terms of the Break Clause? If not, it is legally invalid and the tenancy willcontinue till 13th (or 14th?) August.


Of course, irresective of the legal niceties, you and the LL can reach whatever mutually agreeable end date you wish,on whatever basis you agree.

RMW9129

Well we've been told that they're not willing to release part of our deposit until our end of tenancy check! Frustrating, but expected.

They have just notified us that our landlord is going to be selling the property with an estate agent. They've also said they've given our contact details over to the estate agents to arrange viewings.

Is this grounds for a GDPR breach? We didn't give our permission for them to do this and imagine it's unlikely to be in our contract/tenancy agreement really.

Any thoughts?

Mrsn

My next door neighbour is in quiet a similar situation whereby the house was put up for sale. However the letting agents and estate agents involved (possibly the same company I’m unsure) have been dealing with it all without the need to involve the current tenant. I’m sure they would need your permission to pass your details on to a 3rd party, it seems to be very badly handled from the way you have described it. I’m sorry your being put under this unnecessary stress

[Deleted User]

Change the locks, make sure no one can get in. By the time they can do anything about that legally (if they should bother, its rare) you will be out hopefully.

Its amazing how the LL needed the place back early so he could return to the house, now they are selling up and expecting you to put up with all the upheaval that results from that.

But doing this might affect your reference. I'd tell the LA that if they want the place back earlier, you need to be able to move again. Including a reasonable reference and your deposit. This move can go two ways, extended, lots of stress from both parties, or by negotiation with people viewing in advance of you moving out because you know you can.

I'm afraid now you need to cut every expense to the bone, nothing is more important than saving a deposit. Go on the debtfreewannabe board if needs be. Cut back on everything, even food. I've done it. Lots do.

G_M

RMW9129 wrote: »

Is this grounds for a GDPR breach? We didn't give our permission for them to do this and imagine it's unlikely to be in our contract/tenancy agreement really.

Any thoughts?

https://www.gdpr.associates/delivering-clarity-personal-data-misuse/

“If a customer’s phone number is used for reasons for which it was not originally taken, it could be a breach of the Data Protection Act.”


But that begs the question of what the original purpose was. Even if not explicitly stated, it is likely that there was an implied understanding that the phone number would be used in relation to the management of the property. Almost certainly that would include, for example, the agent giving the number to a GasSafe engineer to arrange the annual gas inspection.


In the case I quote above, the use of the phone number was clearly unrelated to its original purpose, but had the delivery driver phoned simply to confrm his ETA, then that would have been a valid reason for passing him the number.


Passing the number to an estate agent in relation to the sale of the property? That seems on the cusp perhaps. Not related to the letting, but yes related to the property management especially in light of the tenancy being ended.....