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  • FIRST POST
    • Jm90
    • By Jm90 29th Aug 18, 3:16 PM
    • 117Posts
    • 46Thanks
    Jm90
    Landlord wants more money
    • #1
    • 29th Aug 18, 3:16 PM
    Landlord wants more money 29th Aug 18 at 3:16 PM
    Ok so in February myself, husband and children moved over 2.5hrs from our home town.
    To a private rented house, all done via an estate agent.

    At the start of the tenancy we paid feb, march & april rent upfront and another month upfront as a deposit.

    We were told it would be a 12month tenancy however it was for 6 months, which we didnt realsie until we got here and signed for the house.

    We then paid , May, June & July upfront which is nearly 2500, which was fine, we had it and its nice to be paid up and not worry about it. However, it is not in the agreement, we just did it as felt it was right for us.

    We had a check at the home after 3 months here, all was fine and happy, estate agent offered us to renew our tenancy at the end of 6months to a 12month tenancy.
    She send it out, signed and everything.
    We took our part back to be told the landlord doesnt want it to be 12months incase he needs the house back (lives away)
    So changed it their end to 6months
    I have the original here for 365days signed.
    Never had a revised 6month one sent out.

    We have had a lot of business problems, being stung for nearly 20k, and at one point wondered how on earth we were going to put food on the table.

    August i paid 1 months rent.
    So this month, on the 1st i was going to pay another month, until we are in a position to pay more in advance.
    Ive just recieved an email stating the landlord wants 3 months in advance and because August is paid, can we now pay September & October.

    I'm really worried, im going to try get it up together, however I'm so worried if i can't will he make us leave?
    We have other things to pay and I'm not sure what to do.
    We have never been late or behind, only early and more than expected.

    I just dont know where i stand if i say i cant afford to pay this time around more than required?
Page 5
    • sam_r2d2
    • By sam_r2d2 21st Sep 18, 9:29 PM
    • 24 Posts
    • 28 Thanks
    sam_r2d2
    Id suggest 3x the monthly rental amount would be the right figure to ask for
    • kay0601
    • By kay0601 21st Sep 18, 9:51 PM
    • 74 Posts
    • 80 Thanks
    kay0601
    If you're staying for your full term which the nice people on here seem to be saying is within yor legal right, I'd be considering changing the barrel so of your locks so the landlord can't turn up unannounced. Given the lackadaisical approach they and their agent seem to be taking I wouldn't put it past them.
    • Bass_9
    • By Bass_9 22nd Sep 18, 6:19 AM
    • 144 Posts
    • 167 Thanks
    Bass_9
    Absolutely, change the locks!
    • Marvel1
    • By Marvel1 22nd Sep 18, 7:37 AM
    • 4,266 Posts
    • 4,792 Thanks
    Marvel1
    Trust G_M, Pixie, (me)


    I'm not judging anyone else because lots of people has been correct, but if you get 2 of the 3 saying the same thing you're onto a winner.

    .
    Originally posted by Comms69
    As above, been a here a while and these 3 know what are talking about.
    • Marvel1
    • By Marvel1 22nd Sep 18, 7:43 AM
    • 4,266 Posts
    • 4,792 Thanks
    Marvel1
    I had another call from the estate agents today, saying the landlord is still returning and wants the house back by the end of November, he has offered to pay our moving costs upto the total of 300 for us to leave.
    I said we have a tenancy and she said yes, until Feb, so I said that the one I have here which is until August which she said she would check.
    However when she came back just said to talk it over with my husband about moving, no more mention of the tenancy length.
    Originally posted by Jm90
    They know it's August 2019 so trying to avoid the answer and say this instead.
    • Rosemary7391
    • By Rosemary7391 22nd Sep 18, 7:56 AM
    • 2,727 Posts
    • 4,732 Thanks
    Rosemary7391
    You have 2 choices.

    1) Stick to your guns and see out your legally binding 12 month AST.

    2) Present your terms for agreeing an early surrender. I can guarantee that if the shoe were on the other foot the landlord would want more than an extra 300 if you wanted to end the tenancy early. If you are prepared to move early you tell them when you're prepared to move i.e. you could move out next month and pick a number greater than 300.
    Originally posted by Pixie5740

    Re number 2 - if I remember rightly I think OP was heavily pregnant? If that were me I'd argue for the full cost of a removal service who do all the packing and at least a week of overlap. OP could get some quotes.
    Slinkies 2018 Challenge - 0/80lb lost
    • Jm90
    • By Jm90 22nd Sep 18, 12:28 PM
    • 117 Posts
    • 46 Thanks
    Jm90
    Hi all, yes I defintily felt she avoided telling me that I had until August, they just seem to think that because they have told me on the phone he wants the house, 2 month notice is happening because of the landlords personal reasons.

    I do worry they may start turning up or the landlord. Legally can they do that unannounced?
    Am I within my rights to have the locks changed without permission from them?

    Yes I am pregnant and due December 15th, they want us out by the end of November.

    I would definitely ask for more should want to be from here but what with everything happening and so close to Christmas I just cannot deal with the stress of moving house again.

    Thanks all
    • Marvel1
    • By Marvel1 22nd Sep 18, 5:58 PM
    • 4,266 Posts
    • 4,792 Thanks
    Marvel1
    Am I within my rights to have the locks changed without permission from them?
    Originally posted by Jm90
    Yes, keep the old one to change back when you leave next year.
    • Pixiedust22
    • By Pixiedust22 22nd Sep 18, 6:26 PM
    • 24 Posts
    • 26 Thanks
    Pixiedust22
    No way would I be moving just before (or just after!) giving birth. A lack of planning on his part does not constitute an emergency on your part. Even if the 6 month agreement was valid that still doesn't mean he can have it back in November.

    If you decided to break the contract and leave early you would possibly have to pay the entire remainder of the contract value so I don't see why he should only pay 300. Deposit, first month's rent and moving costs at the very least.
    • Jm90
    • By Jm90 22nd Sep 18, 10:17 PM
    • 117 Posts
    • 46 Thanks
    Jm90
    Thanks pixie, yes exactly how I feel, I worded an email to them however I decided to leave sending it for now until/if they actually send me a notice of some sort.

    I'm so greatful for you all taking the time to respond to me, I can actually sleep at night without worry. X
    • m0bov
    • By m0bov 23rd Sep 18, 8:13 AM
    • 1,557 Posts
    • 1,025 Thanks
    m0bov
    Tell the agent you will only communicate in writing to the ll. might also be worth speaking with your local pcso in case they do start to intimitate.
    • Jm90
    • By Jm90 23rd Sep 18, 8:32 AM
    • 117 Posts
    • 46 Thanks
    Jm90
    Thing is I don't know whether he is back in the UK or not at the moment.
    Don't think they will be very forthcoming with his details either.
    I have got his father's phone number who lives local but I haven't contacted him as I know it isn't the done thing.
    I'm going to let the estate agent know that I want everything done via email from now.
    Thanks
    • Pixie5740
    • By Pixie5740 23rd Sep 18, 8:49 AM
    • 13,750 Posts
    • 19,906 Thanks
    Pixie5740
    Firstly, the landlord or his agent cannot legally rock up to your home unannounced. They are legally required to give you at least 24 hours written notice they want to enter the property and there needs to be a bonafide reason for entering the property. Your tenancy agreement will probably have provision for access to carry out maintenance, repairs and inspections...check it. However, that doesn't mean the landlord can decide to give you weekly inspections because that would be unreasonable and interfere with your right to quiet enjoyment of the property. Harassment is a crime and if you feel the landlord or his agent is starting to harassment you can report it. The police aren't always great at dealing with landlord/tenant disputes so if you are being harassed you might want to get support from Shelter.

    If you write to the letting agent requesting the landlord's contact details then they are legally required to provide those details within 21 days under the Landlord & Tenant Act 1985. I'm not sure why you want to contact the landlord though. You've decided to remain in the property until at least the end of your fixed term rather than take the landlord up on his oh so generous offer of 300 to surrender the tenancy early, what is there to discuss with the landlord on top of what you have communicated with his agent?
    • Jm90
    • By Jm90 25th Sep 18, 10:19 AM
    • 117 Posts
    • 46 Thanks
    Jm90
    Hi Pixie, I'm glad they can't just turn up, let's hope they don't.

    I don't want to contact the landlord if I don't need too, however I just feel like maybe he is not being told the whole situation.
    Like the tenancy length, maybe they told him I would pay 3 months upfront for the whole term. Who knows.

    If I receive some kind of notice I wasn't sure if maybe talking to him direct would have been better as the estate agents just don't seem to have a clue.
    • brianposter
    • By brianposter 27th Sep 18, 8:08 PM
    • 416 Posts
    • 135 Thanks
    brianposter
    Do the estate agents really have nothing else to offer you ?
    • Jm90
    • By Jm90 9th Oct 18, 6:35 PM
    • 117 Posts
    • 46 Thanks
    Jm90
    Hi all, thought I would give a little update.

    We have had a few more calls from the estate agent asking us to move by November.
    They keep mentioning we only have a tenancy until February, as apparently my husband came in to change it.
    We have categorically said that is not the case.

    Another today, saying the landlord has asked them to forward a letter onto us, explaining the situation and will pay 800 for us to move.
    I think their son has been diagnosed with autism, the reason she said for their return.

    Again said we only had until Feb anyway, which we disagreed with and she said her copy of the tenancy prevails. Not sure how she works that out.

    I've emailed before and have again stating I wish to receive everything in writing moving forward regarding this issue.

    No, they have no other houses that suit our needs even if we did decide to go. However we don't want too/can't

    They leave it weeks between contacting us so I assume they know legally they cannot get us out until the fix term ends.
    She also said she doesn't want to be the bad guy, however surely she should be telling the landlord that they can't keep asking the same thing over and over again and dismissing the fact we have a 12 month tenancy.
    • AnotherJoe
    • By AnotherJoe 9th Oct 18, 6:39 PM
    • 14,946 Posts
    • 17,982 Thanks
    AnotherJoe
    I hope you have changed the locks..
    Please dont criticise my spelling. It's excellent. Its my typing that's bad.
    • G_M
    • By G_M 9th Oct 18, 6:47 PM
    • 48,565 Posts
    • 59,734 Thanks
    G_M
    In situations like this, often 'less is more' is a good policy.


    Do and say as little as possible to avoid getting into a to/fro dispute, to avoid unecessary escalation, and to avoid saying anything wrong/compromising.


    So.... why respond? You have a valid tenancy so no need to explain.


    The locks? Yes, change them. There may be a 'do not change the locks' clause in the contract, in which case changing them would technically be a breach- but so what? The worst/most the LL/agent could do would be



    * to seek a court order instructing you to change them back (which would never happen) or
    * seek compensation for any loss incurred - but provided you re-install the original lock when you leave, what loss can the LL claim?
    • Comms69
    • By Comms69 9th Oct 18, 7:32 PM
    • 9,117 Posts
    • 10,560 Thanks
    Comms69
    If they’re offering 800; they’ll pay a lot more
    • Jm90
    • By Jm90 9th Oct 18, 8:33 PM
    • 117 Posts
    • 46 Thanks
    Jm90
    We only respond due to them phoning, as they call me then my husband. She seems to be eager for my husband to admit to the 6 month tenancy. So maybe the calls are recorded.

    I'm going to look into getting the locks changed asap.

    I've simply emailed today stating that we are not willing to move home, and out lined our reasons why, as Its mostly been said via phone we had no proof of what has been said.

    Yes it's gone from 400/800 in a few weeks so no doubt it'll go up but I just really don't have the energy to move house again. We have recently lost our business and husband has gone back into full time work, it's just another stress we don't need right now, and they just won't let it be.
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