Help! tenant needing to move out without notice

AudreyTinkerbell · 13 October 2019 at 9:44AM

Hi, my 1st forum post - ever!
I am a private tenant who has been having issues with landlords agents practically since day 1. They take ages to complete repairs, often making me organise it (why do I pay rent??).
My tneancy with 1 agent but they work with another so im constantly being passed between both when trying to correspond but get harrassed by both companies. I suffer from severe depression and mental health issues (on medication and seeing therapists) so this situaion causing increased stress. I have wrote to them recently about some issues whiich I wanted passing to landlady but they just speak on her behalf. I know I can ask for her residence but she lives abroad. The whole thing so stressful I have decided to move out.
Do I have to give a full months notice - as in I moved in on 28th Month so do I have to wait to 28th Oct or can I gvie a month from today (13th Oct) and will they charge me pro-rata or for the full 6 weeks up until 28th Nov. I am financially struggling so this is causing even more stress as cant afford rent on new place AND several weeks here. Any advice?

[Deleted User] · 13 October 2019 at 9:53AM

AudreyTinkerbell wrote: »

Hi, my 1st forum post - ever!
I am a private tenant who has been having issues with landlords agents practically since day 1. They take ages to complete repairs, often making me organise it (why do I pay rent??).
My tneancy with 1 agent but they work with another so im constantly being passed between both when trying to correspond but get harrassed by both companies. I suffer from severe depression and mental health issues (on medication and seeing therapists) so this situaion causing increased stress. I have wrote to them recently about some issues whiich I wanted passing to landlady but they just speak on her behalf. I know I can ask for her residence but she lives abroad. The whole thing so stressful I have decided to move out.
Do I have to give a full months notice - as in I moved in on 28th Month so do I have to wait to 28th Oct or can I gvie a month from today (13th Oct) and will they charge me pro-rata or for the full 6 weeks up until 28th Nov. I am financially struggling so this is causing even more stress as cant afford rent on new place AND several weeks here. Any advice?

The stick at the top of the board about Tenancies in England & Wales would be a good starting point. It has a section about ending your tenancy.

Ending/Renewing and AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

AdrianC · 13 October 2019 at 10:46AM

AudreyTinkerbell wrote: »

Do I have to give a full months notice - as in I moved in on 28th Month so do I have to wait to 28th Oct or can I gvie a month from today (13th Oct) and will they charge me pro-rata or for the full 6 weeks up until 28th Nov.

The default legal requirement is for one full rental period's notice - so one month until rent day, 28th.

Your landlord may agree to reduce that, though.

Your contract is with the landlord, not the agent. So if you're having problems with the agent, just go straight to the landlord - you have a legal right to have their direct contact details. They may not even know their agent is causing problems.

Simby · 13 October 2019 at 10:52AM

What do you mean by ages? A day , a week, a month... reasonable time depends on the issue ... no electric is urgent... a squeaky gate is not..

What do mean by organize yourself, confirm to chosen tradespeople a convenient time make yourself available to let them in, this is reasonable, or engage tradespeople pay them and then claim back moneys ( unreasonable)

Why should the landlord talk to you they have employed an agent as their representative, you have a right to contact your landlord ( who can also communicate /respond through a representative . So it’s fine and your have the right to contact your landlord but the landlord can also request his lawyer, agent etc.. to respond on his behalf...

For notice check your AST and the sticky....

Bossypants · 13 October 2019 at 10:55AM

AudreyTinkerbell wrote: »

Do I have to give a full months notice - as in I moved in on 28th Month so do I have to wait to 28th Oct or can I gvie a month from today (13th Oct) and will they charge me pro-rata or for the full 6 weeks up until 28th Nov. I am financially struggling so this is causing even more stress as cant afford rent on new place AND several weeks here. Any advice?

What sort of contract do you have? If it's an AST, you are contractually liable for the rent until the end of the AST. In other words, if you signed an AST for six months beginning 28 August, you'd be liable for the rent until 28 March 2020, unless there is a break clause or the landlord agrees to early surrender.

Make sure you understand where you are here before you look to move elsewhere, the last thing you want is to be liable for two sets of rent for an extended period. If you aren't sure, you can post the exact wording of your tenancy agreement, and people here will be able to help you.

G_M · 13 October 2019 at 12:59PM

Is your tenancy in a fixed term? What does it say at the top regarding
* start date
* end date, or
* 'term' (eg 6 months)?

Or is your tenancy periodic (rolling, monthly, weekly, whatever)?

Whether you can give notice at all, and if so how much notice, depends on the answer to the above.

As for repairs, read:

* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015)

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

martindow · 14 October 2019 at 5:10PM

AudreyTinkerbell wrote: »

I suffer from severe depression and mental health issues (on medication and seeing therapists) so this situaion causing increased stress.

Have you involved mental health or other professionals to help you deal with this situation? If you have contact with social workers or community medical people you should try to get them involved.

AudreyTinkerbell · 14 October 2019 at 8:02PM

Hi everyone, thank you so much for your advice.

With regards to mental health services, my GP put me on antidepressants but they not having an effect - been on them almost a year. He not very understanding with mental health issues. With regards to mental health services I used to work in a related team so know all the staff - couldnt imagine talking to them about what im going through - too close.

I will check tenancy think it was assured hold but was originally for 12months so that ended Jan 19. Not sure what it is now?

Sorry to sound stupid but people mention "sticky" thing on here -whats that?

With regards to repairs I checked their policies at the time and it stated they would be responded to within 5 working days and even non-urgent jobs would be completed within 30 day. There was a health and safety issue and it took them almost 2 months to resolve so yes that longer than acceptable from what I would think.

Thank you so much everyone you have given me lots to think on.

DCFC79 · 14 October 2019 at 8:08PM

Sticky is the threads which are the first thread at the top of the forum hence sticky threads or stickies, in your case its the 1 at the top of the House buying forum.

Simby · 14 October 2019 at 8:08PM

Hi Audrey

when people refer to sticky they mean a thread that is stuck at the top.. GM has written a fantastic guide which will help answer a lot of questions

If you have been there since Jan 18 and it is a 12 month AST sounds and you have not signed a new agreement since then you will be able to give notice.

the sticky at the top give some really good guidance on how to do that .

For the repairs I agree 2 months sounds very excessive, I would be moving in your shoes too

G_M · 14 October 2019 at 10:25PM

AudreyTinkerbell wrote: »

I will check tenancy think it was assured hold but was originally for 12months so that ended Jan 19. Not sure what it is now?

Sorry to sound stupid but people mention "sticky" thing on here -whats that?

Check your tenancy agreement and give us:
* the exact dates (start, end or 'term' eg 12 months)
* whether it says anything about what happens when the fixed term ends. This determines whether you now have a 'Contractual Periodic Tenancy' or a 'Statutory Periodic Tenancy', and this in turn determines the notice you must give.

Explained in full in the 'sticky' but here is a direct link to it! (also already linked in post 6 above!)

PLEASE READ BEFORE POSTING

Help! tenant needing to move out without notice

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