UK Landlord Forum / Life

My landlady made it very clear in November that they would sell the house and would not extend my 12 month contract beyond August. They asked me to start looking in April to ensure I can be out in August. I found a house that starts June 6th and have secured it. The landlady now refuses to release me early from the contract under any circumstance despite still wanting me out on August and indicating they will serve a section 21 on August 7th. Would it be out if order to digest at this juncture I find another tennant for them? Being liable for two tenancy agreements will severely effect my HB payments I need to claim as a low earner. I have explained this to my landlady who says she does not care. The house is under a agent who are also rude and unhelpful.

This is only to be expected. The Landlord wants your rent money, not a void period. You have been given a lot of notice to arrange your affairs and it almost looks like you've fallen foul of being too efficient. You had a 12 month contract - this is called the fixed term - that is binding on both the Landlord and the Tenant. It can't be unilaterally broken by a single party. I'd be doing what I could, I think, to delay take on of the new property. However, it's just the other end of the animal there - that Landlord will want your rent money, not a void period.

What you are expecting from your current Landlord is almost unreasonable, if you think about it. I certainly appreciate your point of view, but you are expecting someone would be willing to lose money to suit you. Life really isn't often like that.

The thing is they are selling the house. They ate not loseing money as they already have my rent. They have already had the house valued and employed an estate agent for the sale. It will take me about 6 months to find another house in the area I can afford. If I wait untill August I will end up still there at the end of the s21. Because they already have the rent for June and July, but seems insane.

You've paid for the year up-front? What do you mean they already have the rent? If so, and you don't want it back, just keep both properties on. I am unclear on the issue now. I was obviously under the impression you wanted to break your fixed term early and not pay the rent for the last 2 months. If it's already paid and you're willing to also pay for the new place then where does the problem actually lie? Can you clarify please?

Are you saying all rent-including the potion covered by HB-was paid 12 months upfront? I have never heard of benefits paid in this way.If what you say is correct,you could up and leave whenever you want surely?

Yes they already have the rent and I have not asked for a refund.the issue lies with them not releasing me from the tenancy. It will cause problems with my housing benefit payment, and the fact I have a student exception on council rax. I can't be liable for two property's. I will likely lose my housing be efit if they refuse to release me. Like I say they can legally surrender and keep the rent they already have, so I dont understand why they are causing me issues. I have been a good remnant, kept the house immaculate, and have tried not to cause them issues by moving. I have to stay in the area as my daughter's are doing gcse and a level courses so are unable to move school.

I paid my rent upfront a year ago before my h b claim because I got divorced and had a settlement. I only claimed H B in the last month as I now need to claim as a low earner. 

the only thing your landlord will lose out on is the council tax  for two months
could you let landlord be paid the  tax out of the deposit you paid at the start?

I have already offered to pay the council tax. As it is it would only be one month anyway as they have a months exemption available to them because the house belonged to there father who died. They still refuse to release me from contract obligation early even with that and the rent.

It does sound as if your landlord is being bloody-minded,unless there is more to it of course.I think you will just have to suck it up.Spuds suggestion sounds like a solution?

I have now moved out of the property, and the landlord has put it on the market. They still refuse to release me from the contract. Since I have vacated they have entered the property without permission twice. Once to take photos for a rightmove l7sting, and once to conduct a viewing. They have not asked permission or given notice. The landlord is also insisting I get a professional clean carried out, even though the property is immaculate as evidenced in the photos they took for the attached rightmove post. They say It If I do not use the agents cleaners I will have two hundred pound extracted from my deposit. I have paid the council tax and energy bills untill my contract ends on the 8th. Also they have not advertised the property as tenant in situ even though they say they will not accept notice from me even though I have moved out so they can sell. This is all a utter nightmare, they have 2000 of my money as rent in hand that covered me leaving early, I do daily security checks on the property, and now they are in and out When ever they like even though I still hold a valid tenancy as they required, and they are threatening my deposit. What can I do? https://www.rightmove.co.uk/property-for-sale/property-55026945.html

Listen to this for a point of view...

Don't fret about them going in and out now. You've left. You're still doing security checks (good for you, many wouldn't)... and you're rightfully upset at them entering without your permission, but what can you realistically do? And what benefit does it serve you? For your own peace of mind, I would just record the incidents when you know someone has been in. If there's real evidence (photographic or suchlike) even better. This is just, hopefully, useful if you get into the situation where there's a dispute over the Deposit being returned.

That should be your focus - what value is the Deposit? Do you realistically expect it all to be returned - you say the place is immaculate (retain those photos and any you took)? If so then it certainly sounds like a dispute is heading your way - but know this - the Landlord cannot insist on a professional clean. It's about the state of the property - not about who did it - and if they're happy enough to take photographs for listing and take potential buyers around, then it logically follows that they are happy with the condition (and therefore it also logically follows that additional - professional - cleaning is entirely unnecessary).

Now - onto the big question - was your Deposit protected? If so, do you have all of the details? Please come back to us on this point (and forget the other stuff, if you are able to).

Incidentally - resist the urge to look backwards - look forwards. You're in a new property now.

Take screenshots or pictures of the Rightmove advert. It shows it was listed on the 25 June. It also shows the condition. Logical reasoning alone says the owner must be happy with the condition / cleanliness.

I just bought a refurbished 3 bedroom terrace for £77,777... different world, innit? Yorkshire. Nicer place too (Yorkshire).

My son lives in Bradford,so I know property is cheap-but wages are also very low,plus high unemployment.On the other hand-Betty's Tea Rooms.

Sooziesoo-This really is quite disgraceful.I don't approve of greedy tenants looking to take landlords to the cleaners for small oversights.This is the other side of the coin,why such laws exist for tenants.If you have any means,emotional or practical,do stand up to this.It is too much to hope for that she will have failed to protect the deposit,she sounds too cunning to make that mistake.

The OP mentions £2,000. But I cannot imagine the rent I am getting on that £77,777 investment (£525) is multiplied-out in the same way with that property at £285,000... £525 x 3.6 = £1,942.... but it might be. The world has gone nuts! Nuts!

This is what's needed at Bettys - https://www.bettys.co.uk/skin/frontend/bettys/default/css/pdf/Bettys-Breakfast-Menu.pdf

Sorry, OP... we've not got time for you now... this is food. It's important.

My deposit is in a protection scheme thankfully and there is an agent involved. It's the agent that want the clean through their company. I think the main reason the unauthorised entry has upset me is because the reason they will not release me from the contract ( and I have never asked for rent back on early release) is because they insist I am bound by its terms and I have no right to break those terms. All I want is for them to release me from it, and take the money because the two tenancys puts me in a awkward position with my HB payments. The unauthorised entry is a breach on their part, they have no right to breach contract themselves after making such a fuss about me wanting early release when I was willing to absorb financial penalty. Hippogriff my rent is 995 a month, cheap... The rest of those houses normally go for 1100 to 1300 a month ... yes breakfast is important.

I can think of all sorts of things that would be good revenge,but totally impractical and maybe expensive.Like change the locks for the period that you are still the tenant,so she can't do viewings.Or move back in,borrowing a few kids,saying you can't move out after all.Does the house have curtains? I heard of someone who put fresh prawns inside the hems,to get back at someone.As they rot,the stench is vile,but no one can work out where it's coming from.Not that I would ever consider such a thing to be right of course.....

Wow,Betty's has gone all poncey and southern.Avocado and coriander? Sounds great though.As does the rent you are getting on that house Hippogriff,for your investment.I can't remember what I paid for my 2 up,2 down,bathroom extension ground floor mid-terrace.It was a wreck though,no kitchen,just an empty room.If it was sold now it would be around 150.The current rent is 675 (Warwickshire) You would get an average 2/3 bedroom terrace/semi  or new  modern house for that rent  Sooziesoo.

Quote from: Sooziesoo on June 28, 2018, 10:49:06 AMMy deposit is in a protection scheme thankfully and there is an agent involved. It's the agent that want the clean through their company. I think the main reason the unauthorised entry has upset me is because the reason they will not release me from the contract ( and I have never asked for rent back on early release) is because they insist I am bound by its terms and I have no right to break those terms. All I want is for them to release me from it, and take the money because the two tenancys puts me in a awkward position with my HB payments. The unauthorised entry is a breach on their part, they have no right to breach contract themselves after making such a fuss about me wanting early release when I was willing to absorb financial penalty. Hippogriff my rent is 995 a month, cheap... The rest of those houses normally go for 1100 to 1300 a month ... yes breakfast is important.

Forget about the entries. Unless they damage something that they subsequently try to blame on you, or use up a load of fuel and try to make you liable, it's no big deal to you (practically-speaking).

Focus on getting your deposit back. Ensure your perspective that if the property is clean enough to take pictures of, and clean enough to do viewings with, then it's simply clean enough. Therefore refuse to accept any deposit deduction request based on this that comes your way and enforce your right to proceed through to a dispute.

Quote from: Sooziesoo on June 28, 2018, 10:49:06 AMHippogriff my rent is 995 a month, cheap...

For the Landlords reading who haven't yet seen the light... and I hadn't for a long time... but it's the low-end where the money is to be made. A house supposed to be worth almost £300,000 achieving a monthly rent of £1,000 is not a good deal at all. I don't feel comfortable at the true low end... but, objectively speaking, you've got to admit it's where the money is. Plus it is the low end where Tenants are less mobile and less desiring to move on to bigger and better things. I want to let out nice properties to nice people... but I don't want to find new Tenants every 18 months or so... so the low[er]-end is where you avoid that. You can have low-end and still do it up nicely - provide a quality home for someone, I guess many low-end Landlords have been burned by Tenants who don't respect anything, let alone something that isn't theirs.

Looking at the decor I can't imagine any prospective buyer is going to worry too much about whether the cleaning was done professionally: nobody who pays the thick end of three hundred grand for a three bed terrace is going to put up with that kitchen for long. As Hippogriff says, take it to the deposit protection scheme's dispute resolution service and they'll come down on your side. Plus, if the landlord and agent have had people trooping through the house since you left, they'll have a hard time demonstrating that any damage they find now isn't down to them.

As far as revenge is concerned, prawns are so last year. Bang in a Subject Access Request under GDPR. They've got a month to provide you with any and all personal information they hold about you, and they can't charge you a penny for the privilege. That'll teach them to be petty-minded sticklers! :-)

Quote from: Simon Pambin on June 28, 2018, 12:38:40 PMAs far as revenge is concerned, prawns are so last year. Bang in a Subject Access Request under GDPR. They've got a month to provide you with any and all personal information they hold about you, and they can't charge you a penny for the privilege. That'll teach them to be petty-minded sticklers! :-)

Ooooooh! I like that. You iz clevah... and slightly evil. That'll get 'em scampering around...

Quote from: Simon Pambin on June 28, 2018, 12:38:40 PMPlus, if the landlord and agent have had people trooping through the house since you left, they'll have a hard time demonstrating that any damage they find now isn't down to them.

This is an excellent point you should not forget.

Your tenancy is still running. You could even stop re-visiting for security yourself... they are visiting. Any deposit deduction that comes your way, for anything, could be disputed by you (unless it's something you've already admitted to). I am not suggesting you take advantage of the situation... I prefer morals above all else... but you can keep that in your back pocket for ammunition later on, if the worst comes to the worst. You never know, you may get your full deposit returned without argument.

Forewarned is forearmed though.

GDPR!!  As a community worker who's now bored to death if the subject why did I not think of this 😂. I will defo do that. Thankyou all for taking the time to give excellent advice.

Laws come and go,but mark my words,prawns will never go out of fashion.O.K.maybe prawns with a twist,a bit of avocado and harissa.

Sooziesoo-not making light of this,truly.What goes round comes round,and I promise you will look back and (almost) feel sorry for such a mean-spirited cow.Wishing you well.

Prawn Cocktail went out of fashion... for a while. You can still get it in many Indian restaurants up and down the land... but there's levels of foolishness.