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  • FIRST POST
    • Jm90
    • By Jm90 29th Aug 18, 4:16 PM
    • 117Posts
    • 45Thanks
    Jm90
    Landlord wants more money
    • #1
    • 29th Aug 18, 4:16 PM
    Landlord wants more money 29th Aug 18 at 4:16 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 6
    • AnotherJoe
    • By AnotherJoe 9th Oct 18, 9:41 PM
    • 11,813 Posts
    • 13,757 Thanks
    AnotherJoe
    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.
    Originally posted by Jm90

    You dont need to "look into it". You can go to Wickes or similar tomorrow or failing that pay maybe 150 or so for a locksmith to nip round and do it in 20 minutes (front and back door).

    As said, retain the barrels.

    You should have done this weeks back when you were first advised, to prevent a worst case situation when you turn up one day after being at work and find the LL in residence denying you entrance.
    Yes you can go to police, court etc to get back in, claim damages, but do you really want to be doing that?
    Please dont criticise my spelling. It's excellent. Its my typing that's bad.
    • Jm90
    • By Jm90 9th Oct 18, 9:51 PM
    • 117 Posts
    • 45 Thanks
    Jm90
    To be honest I didn't think that, that could happen but you are right I will do it asap. That would be horrendous,
    No, not a route I want to go down at all.

    Thank you
    • Jm90
    • By Jm90 10th Oct 18, 7:18 PM
    • 117 Posts
    • 45 Thanks
    Jm90
    The letter I've received today.

    "Further to our telephone conversations regarding the property we write to confirm our discussions that, for personal reasons, the landlord is seeking to take back possession of the property so that his family can live there.

    We appreciate that your current assured shorthold tenancy is not due to expire until February 28th 2019, however the landlord has informed us that it will not be renewed after this date.
    We understand that this will cause disruption to you and your family and the landlord sincerely apologises for this and would like to minimise the affect of this as much as possible.
    Consequently, the landlord has instructed us to propose the following amendments to the AST

    1, The AST shall be amended so that it expires 30th November 2018, from now until that date you are free to vacate the property at any time and the rent only charged on a pro-rated basis, upto and including the day you vacate.

    2, On the day you vacate and return the keys to us, the landlord will make a one time ex-gratia payment to you of 800

    3, All other T&C'S of the AST remain unchanged ( the security deposit will be returned in the usual way.

    This offer is only valid for 6 days and expires if you do not accept in this time period. "


    Can I ignore/ should I?
    • Comms69
    • By Comms69 10th Oct 18, 7:26 PM
    • 5,805 Posts
    • 6,010 Thanks
    Comms69
    Reply:

    No thank you.

    - nothing else.
    • G_M
    • By G_M 10th Oct 18, 7:29 PM
    • 46,151 Posts
    • 55,843 Thanks
    G_M
    Can I ignore/ should I?
    Originally posted by Jm90
    Well only you can decide!

    Do you want
    a) flexibility to leave at any time without notice (up to Nov 30th) and
    b) 800 cash

    Or do you want to stay undisturbed till Feb 28th?

    Bear in mind that on Nov 30th you can still stay until the LL takes you to court , but in that case you'd forfeit the 800.


    Option 3 (bearing in mind they seem to have accepted your legal argument, AND be desperate) would be to negotiate another, better deal!
    • Jm90
    • By Jm90 10th Oct 18, 7:30 PM
    • 117 Posts
    • 45 Thanks
    Jm90
    Will do ��

    Should I do anything regarding the fact they won't acknowledge our 12months AST or just wait for Feb to come around?
    • Comms69
    • By Comms69 10th Oct 18, 7:37 PM
    • 5,805 Posts
    • 6,010 Thanks
    Comms69
    There’s a principle in law if you don’t challenge it; it can then be accepted as fact.

    BUT you have challenged it previously.
    • Jm90
    • By Jm90 10th Oct 18, 7:53 PM
    • 117 Posts
    • 45 Thanks
    Jm90
    We want to be left undisturbed until August but I have a feeling they are going to be constantly on our case until we leave. Which I'm dreading.
    • Comms69
    • By Comms69 10th Oct 18, 8:04 PM
    • 5,805 Posts
    • 6,010 Thanks
    Comms69
    We want to be left undisturbed until August but I have a feeling they are going to be constantly on our case until we leave. Which I'm dreading.
    Originally posted by Jm90
    How much would you move for; out of curiosity?
    • Jm90
    • By Jm90 10th Oct 18, 8:56 PM
    • 117 Posts
    • 45 Thanks
    Jm90
    I really don't know purely because of my circumstances I haven't even thought about it.

    I don't think he would offer more though

    Possibly after Christmas is over and baby here safe just to be from the stress of it all.

    However no idea on and what is fair.
    • Comms69
    • By Comms69 10th Oct 18, 9:18 PM
    • 5,805 Posts
    • 6,010 Thanks
    Comms69
    I really don't know purely because of my circumstances I haven't even thought about it.

    I don't think he would offer more though

    Possibly after Christmas is over and baby here safe just to be from the stress of it all.

    However no idea on and what is fair.
    Originally posted by Jm90
    Personally Id ask for 2k + deposit returned and surrender at your choice.

    I suspect theyll accept. Easier to move before baby here
    • Pixie5740
    • By Pixie5740 11th Oct 18, 7:01 AM
    • 13,346 Posts
    • 19,224 Thanks
    Pixie5740
    Personally Id ask for 2k + deposit returned and surrender at your choice.

    I suspect theyll accept. Easier to move before baby here
    Originally posted by Comms69
    And a glowing reference.
    • shortcrust
    • By shortcrust 11th Oct 18, 10:51 AM
    • 2,154 Posts
    • 3,324 Thanks
    shortcrust
    Reply:

    No thank you.

    - nothing else.
    Originally posted by Comms69
    This is the best advice, but I'd be sorely tempted to explain in some detail how their and the landlord's behaviour had influenced that decision.
    • Jm90
    • By Jm90 11th Oct 18, 2:26 PM
    • 117 Posts
    • 45 Thanks
    Jm90
    I've looked at other housing in the area and there is nothing with what we need. This is a 5/6bed.
    For similar money I can't find anything.
    Plus I'm 9weeks off having baby, 101 things to do before then as you can imagine. The whole way they have gone about it really pi**es me off to be honest.
    Just felt it all stemmed from us not paying 3x rent upfront for the rest of our time here.
    Thanks all I will let them know that I am not willing to accept the offer.
    • Crashy Time
    • By Crashy Time 11th Oct 18, 10:56 PM
    • 6,950 Posts
    • 2,554 Thanks
    Crashy Time
    https://www.propertytribes.com/tax-bill-in-january-t-127636858.html
    • buggy_boy
    • By buggy_boy 11th Oct 18, 11:57 PM
    • 547 Posts
    • 407 Thanks
    buggy_boy
    Your getting a bit desperate Crashy old boy... Is your crash still not coming...
    • quantumlobster
    • By quantumlobster 12th Oct 18, 7:37 AM
    • 274 Posts
    • 601 Thanks
    quantumlobster
    That's completely irrelevant to the OP, CT.
    • AnotherJoe
    • By AnotherJoe 12th Oct 18, 10:43 AM
    • 11,813 Posts
    • 13,757 Thanks
    AnotherJoe
    That's completely irrelevant to the OP, CT.
    Originally posted by quantumlobster

    So, its like 90% of his posts then?
    Please dont criticise my spelling. It's excellent. Its my typing that's bad.
    • es5595
    • By es5595 12th Oct 18, 9:31 PM
    • 100 Posts
    • 121 Thanks
    es5595
    My two-penny worth!

    I acknowledge receipt of your letter dated 10th October.

    As we have explained to you during these aforementioned telephone conversations, we hold an assured shorthold tenancy that is not due to expire until August 31 2019.

    Due to personal reasons (I am currently pregnant and due in December) and the amount of disruption this would cause with a newborn baby we; *delete as applicable

    - cannot entertain any suggestion of moving before the end of our assured shorthold tenancy, but we are happy to serve notice and move out on 31st August 2019, if we have received a positive reference allowing us to move to a new property
    - Are prepared to move out at the end of XX 2019, surrendering our tenancy early, and causing huge disruption to our new family, if the landlord agrees to pay a ex-gratia payment of 1200 on the day of moving out

    Both these offers are valid until the 31st October 2018, and not subject to further negotiation.

    We are sure as professional agents we dont need to remind you of our entitlement to a right of quiet enjoyment, but as I am pregnant and need no further stress or hassle, I request that after 31st October you contact us only in writing.

    Yours XX
    • Crashy Time
    • By Crashy Time 14th Oct 18, 4:19 PM
    • 6,950 Posts
    • 2,554 Thanks
    Crashy Time
    Sorry.
    The original 6 month contract was signed by both us and the estate agents.
    They then sent via post, 2 copies of a 12 month tenancy already both signed by them, asking me to sign both and return one to them.
    I did this, they then said the landlord had changed his mind and only wants it to be 6months at a time.
    They would change the contract their end to 6months.
    I never received a new one, so have a tenancy signed by both parties for 12 months.

    Only says we have to pay x amount per month not three months at a time
    Originally posted by Jm90

    So immediately stop paying in advance, you shouldn`t have given the landlord the impression that you were prepared to give them a credit line in the first place.
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