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Unreasonable Landlord + Not protected deposit + No Gas Safe ...

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Author Topic: Unreasonable Landlord + Not protected deposit + No Gas Safe ...  (Read 190 times)
Newbie
Posts: 2

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« on: January 01, 2020, 07:33:13 PM »

Hi all, advice please...

We have been 'negotiating' via email with our landlord to terminate our tenancy early and have sort of agreed a settlement of 10 weeks rent in advance but with the some conditions as follows -

Vacate the property in less than two weeks
The yesterday emailed to say that he wants us out by the 12th of Jan. I've responded by saying it would simply not be practically possible and that we would need another week or two - the move needs to be planned, executed and we also have 2 y.o. twins to think about. Plus
we have to have this place prof. cleaned, etc.

10 weeks rent in advance
He's also demanding the 10 weeks in advance on the 12th. My response was, one month as normal and the balance to be paid when he signs the dead of surrender.

Inventory fees
He's also requested that I pay for the inventory but the lease has it that he should pay. It is a minor point but still 150 + VAT.
Of course I have pointed this out to him but he's ignoring it.

Today he's told us this simply wont work and we won't be able to terminate early.
 

Additionally, it must be noted that he has not protected the deposit for the renewal (October last year) nor do we have a current gas safety certificate. I also reported an electrical fault a weeks or two ago and he replied with a copy of the home policy and told me to contact them directly.


Given the circumstances what should we do??


Tenancy is in England

Started Oct 2018 to Oct 2019

Renewed for another 9 months. 6 months remaining as of today.



« Last Edit: January 01, 2020, 08:06:40 PM by 962L »
Global Moderator
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« Reply #1 on: January 02, 2020, 04:31:10 PM »

First things first...

Ask your Landlord for details of where your Deposit is protected.

Then come back to us with the response.

If it's not protected, as you say, then that should start certain cogs whirring in the mind of the Landlord... all, hopefully, to your advantage. No need to use a big stick at this moment in time, I reckon. Try softly-softly first.
Newbie
Posts: 30

I like property

« Reply #2 on: January 02, 2020, 04:44:56 PM »

Agree with Hippogriff.

Check where your deposit is protected and if the protection covers the dates of your tenancy.  Also ask for the latest gas safety certificate.

If he can't provide this then you are in a strong position to negotiate.  If the landlord has everything in place correctly then early termination terms will need to be agreed.  This can include paying for the inventory checkout, admin fees etc which you do not normally need to pay for.
Newbie
Posts: 2

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« Reply #3 on: January 02, 2020, 06:32:09 PM »

Thank you for the replies.

I have establish that the deposit is in fact protected, he just didnt give me a copy of the cert.

The gas safety cert is however not current.

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« Reply #4 on: January 03, 2020, 08:36:47 AM »

That's (the lack of you not being given information) still a failure to protect a Deposit correctly. Black and white, open and shut, case.
Newbie
Posts: 30

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« Reply #5 on: January 04, 2020, 12:31:11 PM »

The landlord is under duty to protect the deposit and send the documents to the tenant.  This is a clear breach.

Not having an up to date GSC is illegal.

Now you have the choice of whether you want to use this information to come to an agreement with the landlord that is suitable for you or if you want to pursue legal action.  I would try the former first.
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