Moving out of rented accommodation *complicated*

ruth56_2

If it was me, I would change the locks until notice period is up ( then change back). I would actually leave the property and stay elsewhere during the notice period so there a minimal amount of time and avoid the LL and debt collectors. Or as op says, put stuff in store and rent air Bnb for the time you are waiting for your sale. If LL wants to visit, tell him you are away for a couple of weeks or have covid(!)
I feel for you...What an impossible situation!

SDLT_Geek

ruth56_2 said:

 If LL wants to visit, tell him you are away for a couple of weeks or have covid(!)

So you suggest lying about having covid?  Shame on you!

gozaimasu

SDLT_Geek said:

So you suggest lying about having covid?  Shame on you!

A lie to protect oneself from a criminal drug dealer landlord entering the property. Not a big deal in grand scheme of things.

Chooru

So, this morning my landlord was in the local newspaper in the Court Results section. Proves that he stood at court and gave my address as his current residence, despite not living here for over 13 years. 

In addition to this, today I had someone knock on my door shouting "*landlord name*, I know you're in there." < I assume they've been looking for him and because of the published information this morning found the flat he owns. 

Surely it's ridiculous to expect that I need to give 30 days at this point? I am half tempted to move out once the sale goes through and only inform them then. If they want to take it further, I'd be happy to discuss my reasons why... I'm assuming I'd be on the wrong side of the law here, though? 

MaryNB

Chooru said:

So, this morning my landlord was in the local newspaper in the Court Results section. Proves that he stood at court and gave my address as his current residence, despite not living here for over 13 years. 

In addition to this, today I had someone knock on my door shouting "*landlord name*, I know you're in there." < I assume they've been looking for him and because of the published information this morning found the flat he owns. 

Surely it's ridiculous to expect that I need to give 30 days at this point? I am half tempted to move out once the sale goes through and only inform them then. If they want to take it further, I'd be happy to discuss my reasons why... I'm assuming I'd be on the wrong side of the law here, though? 

The problem with leaving the property before the end of the tenacy is you remain liable for utility bills etc. If you give up access to the property you can't give final meter readings and have no evidence to dispute whatever readings are given by the landlord. Even if you keep the keys and return to take a final meter reading, if he moves back in in the mean time and puts the heating on 24/7 you would be liable for it as the account holder. Also you may have issues with the deposit if he gains access to the property and wrecks it before the end of the tenancy. 


If you leave without paying the remaining rent he could deduct it from your deposit.
Otherwise he can either go after you via the courts (probably the least of his legal worries) and you could end up with a CCJ if it's not paid.

Did you manage to clarify if the month notice has to line up with tenancy dates? Because you could end up liable for up to two months minus a day 

canaldumidi

Chooru said:

...

Surely it's ridiculous to expect that I need to give 30 days at this point? I am half tempted to move out once the sale goes through and only inform them then. If they want to take it further, I'd be happy to discuss my reasons why... I'm assuming I'd be on the wrong side of the law here, though? 

Two wrongs don't make a right.

Yes, if you move out without giving proper notice (I'm still not convinced by the "30 days" but you ignored my earlier queries) you will remain liable for rent, utilities, council tax (probably) and damage. Likewise if you give notice but leave before it expires.

You can of course choose to do this so long as you do so with your eyes open, just as a driver can choose to speed and accept any consequences.

Chooru

MaryNB said:

Chooru said:

So, this morning my landlord was in the local newspaper in the Court Results section. Proves that he stood at court and gave my address as his current residence, despite not living here for over 13 years. 

In addition to this, today I had someone knock on my door shouting "*landlord name*, I know you're in there." < I assume they've been looking for him and because of the published information this morning found the flat he owns. 

Surely it's ridiculous to expect that I need to give 30 days at this point? I am half tempted to move out once the sale goes through and only inform them then. If they want to take it further, I'd be happy to discuss my reasons why... I'm assuming I'd be on the wrong side of the law here, though? 

The problem with leaving the property before the end of the tenacy is you remain liable for utility bills etc. If you give up access to the property you can't give final meter readings and have no evidence to dispute whatever readings are given by the landlord. Even if you keep the keys and return to take a final meter reading, if he moves back in in the mean time and puts the heating on 24/7 you would be liable for it as the account holder. Also you may have issues with the deposit if he gains access to the property and wrecks it before the end of the tenancy. 


If you leave without paying the remaining rent he could deduct it from your deposit.
Otherwise he can either go after you via the courts (probably the least of his legal worries) and you could end up with a CCJ if it's not paid.

Did you manage to clarify if the month notice has to line up with tenancy dates? Because you could end up liable for up to two months minus a day 

I think you're right.

It says "one moth's written notice [...] While the tenancy is periodic the one month's written notice must expire the day before a rent due date." Means I need to give notice the day before the rent is due?

I just don't understand how there isn't more protection for the tenant here. My landlord is literally a drug dealer who is lying about where he lives to the police and courts. I now have strong reason to suspect he stashed drugs at my property and I've now had someone banging on my door shouting "I KNOW YOU'RE IN THERE". It's actually a bit scary?! 

We don't really have the funds to just lose money because of the legal costs involved with buying a house. 

Chooru

canaldumidi said:

Chooru said:

...

Surely it's ridiculous to expect that I need to give 30 days at this point? I am half tempted to move out once the sale goes through and only inform them then. If they want to take it further, I'd be happy to discuss my reasons why... I'm assuming I'd be on the wrong side of the law here, though? 

Two wrongs don't make a right.

Yes, if you move out without giving proper notice (I'm still not convinced by the "30 days" but you ignored my earlier queries) you will remain liable for rent, utilities, council tax (probably) and damage. Likewise if you give notice but leave before it expires.

You can of course choose to do this so long as you do so with your eyes open, just as a driver can choose to speed and accept any consequences.

I literally have people knocking on my door shouting for my landlord. Who is a drug dealer. Who is lying about where he lives to the police and courts (I assume because he's either scared or has something bigger to hide.) The solution is to stay here and potentially put myself at risk?

Chooru

To add to this, I did email the estate agent and they have said:

 "You are correct in saying that you would be required to give one months notice, so as your rent day is on the 30th of each month,  so for example if you wanted to move out at the end of November you would need to give notice before the 30th October, and then your move out date would be the 30th November."

Does this mean that I could argue for these terms, since my tenancy clearly states that the estate agents act as my landlord's agent?

MaryNB

Chooru said:

To add to this, I did email the estate agent and they have said:

 "You are correct in saying that you would be required to give one months notice, so as your rent day is on the 30th of each month,  so for example if you wanted to move out at the end of November you would need to give notice before the 30th October, and then your move out date would be the 30th November."

Does this mean that I could argue for these terms, since my tenancy clearly states that the estate agents act as my landlord's agent?

It's not worded very well but they're the same terms as the tenancy agreement though or am I misunderstanding something? It's says a month and references your rent day.  Also, an email can't just override what's written on the tenancy agreement (ETA: unless they clearly agree to let you surrender the tenancy before the notice period ends). One is a poorly worded email, the other is a legal document signed by both parties. 

I take it as, for example, if you give notice between now and the 29th of October, you move out on November 30th (although I think it should be 29th because the 30th is the start of the next rental period). If you were to give notice tomorrow, it ends at the end of November and therefore you'll end up with a notice period of nearly 7 weeks.

Chooru said:

MaryNB said:

Chooru said:

So, this morning my landlord was in the local newspaper in the Court Results section. Proves that he stood at court and gave my address as his current residence, despite not living here for over 13 years. 

In addition to this, today I had someone knock on my door shouting "*landlord name*, I know you're in there." < I assume they've been looking for him and because of the published information this morning found the flat he owns. 

Surely it's ridiculous to expect that I need to give 30 days at this point? I am half tempted to move out once the sale goes through and only inform them then. If they want to take it further, I'd be happy to discuss my reasons why... I'm assuming I'd be on the wrong side of the law here, though? 

The problem with leaving the property before the end of the tenacy is you remain liable for utility bills etc. If you give up access to the property you can't give final meter readings and have no evidence to dispute whatever readings are given by the landlord. Even if you keep the keys and return to take a final meter reading, if he moves back in in the mean time and puts the heating on 24/7 you would be liable for it as the account holder. Also you may have issues with the deposit if he gains access to the property and wrecks it before the end of the tenancy. 


If you leave without paying the remaining rent he could deduct it from your deposit.
Otherwise he can either go after you via the courts (probably the least of his legal worries) and you could end up with a CCJ if it's not paid.

Did you manage to clarify if the month notice has to line up with tenancy dates? Because you could end up liable for up to two months minus a day 

I think you're right.

It says "one moth's written notice [...] While the tenancy is periodic the one month's written notice must expire the day before a rent due date." Means I need to give notice the day before the rent is due?

I just don't understand how there isn't more protection for the tenant here. My landlord is literally a drug dealer who is lying about where he lives to the police and courts. I now have strong reason to suspect he stashed drugs at my property and I've now had someone banging on my door shouting "I KNOW YOU'RE IN THERE". It's actually a bit scary?! 

We don't really have the funds to just lose money because of the legal costs involved with buying a house. 

You should have budgeted for an overlap though regardless of issues with your landlord. You should never give notice on a rental until you exchange contracts. If you have same day exchange and completion you'll have an overlap of rent and mortgage and 2x bills across your entire notice period. The only way to avoid is to agree to complete on the last day of your notice period - but of course your seller will have to agree with that. Or you can give notice before exchange but you risk being homeless if completion doesn't take place before your notice ends. 

Since you feel unsafe in your home you should contact Shelter or Citizens Advice to see if they can help you. Your landlord lying to the court as part of a matter that doesn't relate to you doesn't get you out of your tenancy agreement.