Advice on ending tenancy

Mimi123456

Yep. Definitely no viewings for them. 

If I’m paying for extra time I might as well enjoy it. And given the current place is much closer to work than the new one no way I’m moving any earlier than I have to pay for.

Mimi123456

Here is how the email is worded
is it break clause activation plus s21? They decided to cover all bases? 

🤦🏻‍♀️

Mimi123456

Not sure why it’s 8 May either. Should be 4 May?

RAS

mimi, wait until Monday. Meantime folk can help you craft a response to the LL.

They may just be covering their backs, because if they wait until you "don't leave" it'll take even longer to go through the legal process. Or they may have had to 'fess up to the LL that they haven't got a legal leg to stand on if you stay, and been instructed to get their finger out, several months late.

By Monday you want something that basically says

What are you playing at?

I thought we had agreed to a mutual surrender on March 31st in exchange for viewings?

Given that you've gone legal, I'll now have to give notice, which means I would not move out until mid-April.

What are you actually trying to achieve?

If you agree to a mutual surrender on March 31st, with pro-rata rent payable, I now require the exact details in writing, not by email. 

If I don't receive this by (date) I will give notice and leave on April (date), and will not facilitate viewings (or maybe very limited). 

Either way I need a few days without bookings at the end of the tenancy to ack and clean up.

Mimi123456

Thank you RAS. You’re right. I should calm down and listen to good advjce here. But it’s hard.

I’m in panic mode so could not wait and cool down. Just sent them an email saying that I only just read the notice and thought we were agreeing on 31 March mutually. Forwarded them the email chain too. 
I kept it neutral and asked them which date they prefer to go by. 

I think they might not reply though. If not, I will go by serving notice on 14 March. I guess that it what they are also assuming I will do as they know I have another place available from end March. So they know I don’t need to stay till May.

Mimi123456

Hello. Another update from me. The draining battle continues 🤦🏻‍♀️

In addition to all their messy communications they also now asking me to sign ‘extension’ to end of March but including this clause:

This is quite different to what I requested in my email. I asked for viewings to be conducted Mon-Fri 9am-5pm and asked them to organise all viewers into one slot per day. 
I think it is reasonable. I did a lot of viewings myself recently and it never crossed my mind to question that we needed to work around the tenant’s schedule and disturb them as little as possible. Did a lot of group viewings as well to minimise viewing times. And did a lot of viewings where we couldn’t talk inside as the tenant was on a work call or something. 

I guess if I sign this I’m subjecting myself to abuse with people showing up whenever they like as long as they give notice?

A part of me just wants to sign out of exhaustion. 😫

canaldumidi

* 1st - calm down. And do not reply in haste!

* as I recall, your fixed term ends on 13 March yes?

* and you want an extra few weeks (2 weeks?)

* so obviously doNOT sign/agree any 'extension' or other new contract or agreement.

* (unless it is for 2 weeks which is what you want)

* as for utilising the Break Clause, that is legally meaningless - a Break Clause can only apply as a way to end a fixed term early. Since yours ends on 13 March, using a BC to end the tenancy in May has no meaning

* however, assuming the S21 is valid (it may not be - see link below), then the LL can give to 2 months notice to expire in May, but still has to then apply to court (which will take several more months as previously explained).

* Nothing has changed. On (14th March?) you get a periodic tenancy, serve your notice (getting the exact dates rght) and end the tenancy on (13th April?). The S21 has no impact on this

* given the LL's atitutude, you may, or may not, wish to reconsider your own attitude towards viewings, EA photos, surveyors etc

* do NOT sign anything - I would not respond, but if you do, then simply say that in view of their last email and the clauses in their 'extension' request, you are withdrawing your previous offer to facilitate viewings.

* you may wish to change the locks to protect your privacy. It's cheap and easy to do. Keep he old locks (which belong to the LL) and replace them when you leave.

S21 checklist (Is a S21 valid?)

https://duckduckgo.com/?t=ffsb&q=utube+replace+yale+barrel&atb=v1-1&iax=videos&ia=videos&iai=https://www.youtube.com/watch?v=VXAo7zSN-9o

https://duckduckgo.com/?q=replace+mortise+lock&t=ffsb&atb=v1-1&iar=videos&iax=videos&ia=videos&iai=https://www.youtube.com/watch?v=IIPyqtOmprE

Mimi123456

Thank you very much canaldumidi! 👍🏻

NQManchester

Sorry you’re having this much stress, totally unnecessary.

I won’t add to the excellent advice other than to suggest that if you’re paying by direct debit to make sure you cancel it before the next rent payment and do your own bank transfer. 

If they do agree an early surrender and you accidentally overpay it’ll probably be a lot of hassle getting the overpayment back going off their current behaviour.

Slithery

NQManchester said:

I won’t add to the excellent advice other than to suggest that if you’re paying by direct debit to make sure you cancel it before the next rent payment and do your own bank transfer.

If they do agree an early surrender and you accidentally overpay it’ll probably be a lot of hassle getting the overpayment back going off their current behaviour.

Not true. You can ask your bank to reclaim any direct debit at any time and they'll do it without even asking the recipient - it's part of the 'direct-debit guarantee'.

This is why we advise LL's to not take direct debits but insist on a standing order instead as these can't be reclaimed. There have been a few cases on here where dodgy tenants have left a property and then claimed back years worth of rent from their DD payments before emptying and closing their bank account and then going AWOL.