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  • FIRST POST
    • Adamc
    • By Adamc 13th Apr 18, 7:17 PM
    • 101Posts
    • 5Thanks
    Adamc
    Landlord wants me out by the 2nd. Paid to 11th - do I have any rights?
    • #1
    • 13th Apr 18, 7:17 PM
    Landlord wants me out by the 2nd. Paid to 11th - do I have any rights? 13th Apr 18 at 7:17 PM
    Hi all

    My landlord has given me 2 months notice as per our agreement.

    I pay monthly rent of 800 11th - 11th of each month.

    If I vacate on the 2nd as he has asked - can I get a reimbursement for the week or so I will have paid for but not stayed?

    They have said that I cannot stay to the 11th as they wish to paint the walls before their son moves in.

    I should add that when I asked about staying longer, reimbursement or my original 600 deposit, they became somewhat hostile.

    Thanks in advance.
Page 2
    • G_M
    • By G_M 14th Apr 18, 12:32 PM
    • 44,946 Posts
    • 53,563 Thanks
    G_M
    So I should arrange an inspection regarding the deposit as soon as possible?
    Originally posted by Adamc
    Please take note of the replies you have received.

    Before raising the issue of the deposit, you need to resolve the issue of ending the tenancy properrly!
    • G_M
    • By G_M 14th Apr 18, 12:42 PM
    • 44,946 Posts
    • 53,563 Thanks
    G_M
    5) or is your contract periodic? Does each period run from 11th to 10th of each month? Yes - to my knowledge. My initial payment was requested on the 8th and payed then before I moved in on the 11th.
    a) What was the exact start date of your original tenancy agreement? Check the contract! Was it the 8th or 11th?
    b) have you always paid subsequent rent on the 11th?

    6) what does your tenancy agreement say aboutt notice? Please quote exactly. 2 months for both parties - will quote tomorrow if needed?
    c) Please quote.

    7) Have you received a S21 Notice? What date was it served? what is the expiry date? No S21 - a handwritten letter. The property is managed by a company but it was the landlord who came with a handwritten letter.
    d) no valid notice to end the tenancy has been served, by either side. the tenancy will therefore not end.
    e) if you wish to stay, you can. Any attempt to evict you would be a criminal offence.
    f)
    if you wish toleave you need to either
    i) serve valid notice yourself, or
    ii) negotiate an early Surrender with the LL, on whatever date and terms (costs etc) you agree get this in writing.
    • Techno_Mystic
    • By Techno_Mystic 14th Apr 18, 12:50 PM
    • 57 Posts
    • 20 Thanks
    Techno_Mystic
    We told them we had hung some pictures in the hall without permission and they basically said that our deposit is most likely gone.
    Originally posted by Adamc
    Make sure you clean the property thoroughly and photograph every inch of it. Take some video as well. Upload this to a file sharing site like Google Photos/Google Drive. Remember that under the AST the landlord must make allowance for reasonable wear and tear.

    If they try to keep the deposit, say in writing that you dispute the claim, but that you will offer a small amount "to bring this matter to a quick conclusion". Like, offer 20, which is 2 hours cleaning at the minimum wage + a little for cleaning materials. If you have offered a compromise this puts you in a stronger position if you need to use the Deposit Protection Scheme dispute resolution, or go to the Small Claims Court as it makes you look reasonable and them unreasonable.
    • kiddy guy
    • By kiddy guy 14th Apr 18, 3:54 PM
    • 939 Posts
    • 1,130 Thanks
    kiddy guy
    Worth bearing in mind currently:

    You've not been served a s21 so you've not been served notice. You could stay there until the 2nd at which point they'll want to start painting and they'll learn their failing to issue appropriate notice

    So you're in a really strong position to negotiate.

    I'd be asking for full deposit refund, full recompense for loss of 1 week of habitation.

    Let us know how you get on OP, as interested to see how you get on.
    • ciderboy2009
    • By ciderboy2009 14th Apr 18, 6:11 PM
    • 447 Posts
    • 395 Thanks
    ciderboy2009
    Out of interest - how detailed was the check-in inventory? And did both you and the landlord (or their representative) sign it?

    Bear in mind that you only need to return the property in the state that you took it on (ie: as detailed in the inventory) less an allowance for wear and tear.
    • dimbo61
    • By dimbo61 14th Apr 18, 6:29 PM
    • 9,965 Posts
    • 5,375 Thanks
    dimbo61
    When you do leave !!! please take lots and lots of photos of the place on the day you leave. Dated photos or video
    Clean the property and remove everything that was not in the property when you moved in
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