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Lease has ended but company not leaving

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  • HampshireH
    HampshireH Posts: 4,941 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    Zoe02 said:
    Why is the council enabling crap behaviour. I had someone go in to do a gas saefty who has given me information as well that the woman is not living alone with the 2 children but also has a partner so 4 people living in my 1 bedroom flat. I think she is doing this for benefit (get more help saying she is a single parent) Paying crap rent and damaging the flat a lot of pressure on the flat with 2 adults and 2 children.

    Really how many children and boyfriends this tenant of Mears has is not anything to do with you.

    It's so frustrating and stressful for all involved that Council's advocate for tenants to stay until the very end rather than proactively re-home people.

    Once a tenant is in the chances of a social housing provider evicting for overcrowding is so slim. 

    You don't know she didn't have a 2nd child when she moved in. (anything could have happened) or Mears/council could have just got it wrong.  She wasn't necessarily a liar (unless she has confirmed that )

    It seems an unusual set up as normally where a property is long term leased to a housing provider the Landlord has little/no involvement until the keys are returned. The relationship is between the provider and their tenant.

    The housing provider would be expected to return the property back to the landlord in the condition it was received or financially compensate them to an agree value which covers all works. Hopefully your agreement includes this requirement.

    The social landlord would be required to do the annual checks etc and provide certification to the landlord. (So any no access issues are dealt with by their internal processes)

    It seems the tenant has been fairly cooperative in giving access and talking about their situation. Wouldn't hold my breath on May, though I hope that they do leave and you get your flat back.

  • [Deleted User]
    [Deleted User] Posts: 0 Forumite
    500 Posts Third Anniversary Name Dropper
    edited 13 April 2023 at 7:44PM

    It kind of does because the property is a 1 bedroom and too many people and belongings damaging the property.

    Luckily Mears have started court proceedings so hoping should get flat back soon.


    The overcrowding is just 1 aspect, the lease ended April 2022 so Mears are in breach and quit notice has been issued.

     

    There is issue with housing but the tenancy also been picky, she is housed out of borough but particular about been housed in Tower hamlet.

     

    She had the second child whilst living there but 1 bedroom for 3-4 people is a lot, she will be rehoused with minimum 2 bedrooms.

    They tend to say it is wear and tear but will be doing a full renovations when I ger flat back, hopefully they offer some compensation but will be glad to get property back as rent been changed is 50%+ below going rate. (Same rate since 2016)

    The quit notice ends Mid-May. Keeping my fingers crossed.


  • jemima82
    jemima82 Posts: 70 Forumite
    Part of the Furniture 10 Posts
    Zoe02 said:
    marcia_ said:
     Why have you left it a year to take action on this? 
    The lease agreement stated to give them notice which I did, honestly did not know it will take them this long to hand back the property.

    I gave them notice which they acknowledged in December 2021. 
    I could be mistaken but does that mean you served notice before allowable per the terms of the contract? 
  • jemima82 said:
    Zoe02 said:
    marcia_ said:
     Why have you left it a year to take action on this? 
    The lease agreement stated to give them notice which I did, honestly did not know it will take them this long to hand back the property.

    I gave them notice which they acknowledged in December 2021. 
    I could be mistaken but does that mean you served notice before allowable per the terms of the contract? 

    The whole thing is a mess to be honest.

    The mistake was not issuing the quit notice via first class post.

    They did acknowledge the notice via email.

    even when the lease ended did send emails which they acknowledged.

    Did not expect it to take so long to get the flat back.

    Brother also leased his flat since 2016 but he did not renew lease in 2019 like I did, he got his back in 2021 so thought mine would also be straightforward.

    The council did not take it seriously until when Mears involved court.

    Tower hamlet were informing me about housing shortage etc but eventually I stopped contacting them as the contract was with Mears not Tower hamlet.

    Would not be doing such again, going forward only people that pass my criteria will be rented to.

    Mears are terrible tbh even if the process was followed to the book won't guarantee much luck.

    https://www.allagents.co.uk/review/504603/ 

    https://uk.trustpilot.com/review/www.mearsgroup.co.uk
  • anselld
    anselld Posts: 8,646 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Zoe02 said:

    Finally the tenant has left my flat and getting keys back next week after it's been cleaned etc. Lease ended April 2022.
    R2R can go very wrongly and this is a well known company.

    Just curious but I thought the whole point of R2R was guaranteed rent etc.  If they are a well known Company still trading why can you not pursue them for rent arrears and any damages & costs?
  • [Deleted User]
    [Deleted User] Posts: 0 Forumite
    500 Posts Third Anniversary Name Dropper
    edited 10 May 2023 at 8:43AM
    anselld said:
    Zoe02 said:

    Finally the tenant has left my flat and getting keys back next week after it's been cleaned etc. Lease ended April 2022.
    R2R can go very wrongly and this is a well known company.

    Just curious but I thought the whole point of R2R was guaranteed rent etc.  If they are a well known Company still trading why can you not pursue them for rent arrears and any damages & costs?
    Personally, I would aviod any R2R schemes,  my particular r2r  company are terrible.

    Property left in a terrible condition. 

    The tenant had 3 beds in the bedroom so stuffed no breathing hence damp mould formed on the bedroom wall. Its a 1 bedroom property. 

    Not rent arrears but 50% below market rate and are saying no payment for damages caused by 3rd party. 
    Took 13 months after lease to get property back. 




  • eddddy
    eddddy Posts: 18,011 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Zoe02 said:

    xxxxxxxxxxxxx.

    Property left in a terrible confition. 

    The tenant had 3 beds in the bedroom so stuffed no breathing hence damp mould formed on the bedroom wall. Its a 1 bedroom property. 

    Not rent arrears but 50% below market rate and are saying no payment for damages caused by 3rd party. 
    Took 13 months after lease to get property back. 



    Perhaps be a little careful with the first sentence in your post above.

    You've named the company further back  in the thread. Many companies will google their name. If they see statements like that and they complain to MSE, the post and/or thread might get removed - which would be a shame.


    You've highlighted some really important points - that R2R tenancy agreements can be heavily biased against the landlord.

    When signing an agreement people often only consider the "best case scenarios" - i.e. that the rent is paid regularly, the property is looked after, etc.

    People should also consider the "worst case scenarios" before signing, for example, what if...
    • The tenant doesn't pay the rent
    • The tenant goes bankrupt
    • The property gets trashed
    • The sub-tenant is anti social
    • The sub-tenant breaches leasehold covenants
    • The sub-tenant won't move out
    etc

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