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Landlord Giving Us Problems, Help?

noxiousd Avatar
7y, 8m agoPosted 7 years, 8 months ago
Myself and my partner have recently been looking for a house due to starting a family, we found an ideal one and plan to move there within the next month...

Our current landlord, however, has demanded we pay the remainder of the rent on the tenancy agreement....

The tenancy agreement says "a term certain of 12 months, not less than 6 months"

We have been here 9 months now, and have received threats, have had things thrown at us and various other things have occurred, of which the landlord has done nothing about. This is a primarily Asian area and we were told upon moving in that "its a very quiet area, had no trouble in 15 years of renting properties here"... Since that we have been the target of much abuse...

Its a student house, with 4 of us living here, and all wanting to move out within a month at the latest, we've just had enough of the area and the horrible people around here...

Is there not a right where a tenant may give 4 weeks notice?
noxiousd Avatar
7y, 8m agoPosted 7 years, 8 months ago
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#1
you have an assured shorthold tenancy by the sounds of it, which is for 12 months. It can be ended by mutual agreement after 6 months, but if the landlord does not agree then you are liable for the rent for the entire 12 months. The tenant giving 4 weeks notice occurs at the end of the tenancy ie in the 11th month
#2
Maybe the citizens advise buero (poor spelling sorry)
Sorry to hear about your problems.
Wishing all the best in a new family.
#3
you are in the right, all landlords try this on, don't expect to get your desposit either, put your notice in writing, recorded delivery and keep a copy, and move out
#4
Many Many years ago, we got out of a rent by proving something was wrong with the house...

Ww found some woodworm in a floor and also found a very fat person to jump on it and break through the floor... (It was a laugh looking back) I can not remember the detail, but the tenancy was ended early due to this???

Probably does not help,.. Good luck.

Only 3 months to go if it is the worst case.
#5
bargainhunter2009
you have an assured shorthold tenancy by the sounds of it, which is for 12 months. It can be ended by mutual agreement after 6 months, but if the landlord does not agree then you are liable for the rent for the entire 12 months. The tenant giving 4 weeks notice occurs at the end of the tenancy ie in the 11th month


Thing is, the landlord showed the tenants around who are going to move in when we move out and told us to look for a property early...

He stated if we moved out a month or two in advance he could get the prospective tenants to move in early. But as they aren't interested he has fallen back on "well you have a tenancy up until July so you need to pay the rest"
#6
noxiousd
Thing is, the landlord showed the tenants around who are going to move in when we move out and told us to look for a property early...

He stated if we moved out a month or two in advance he could get the prospective tenants to move in early. But as they aren't interested he has fallen back on "well you have a tenancy up until July so you need to pay the rest"


Go to your local CAB, take your tenancy agreement with you to show the adviser.
#7
Generally speaking a tenancy entered into after 28th February 1997 of a residential property between private individuals is, by default an Assured Shorthold Tenancy unless a notice to the contrary has been given. This is the opposite of what the law was before that date. There are some exceptions to this (eg letting to students by an educational establishment, company lets, lettings at very high rents, lettings to a tenant who has diplomatic immunity).

There is no minimum term for an Assured Shorthold Tenancy specified in the legislation however, unless the tenant is in breach of the terms of the tenancy agreement, it is not possible to obtain a court order to regain possession of the property let until at least the first 6 months have gone by. Effectively therefore there is a minimum term of 6 months.

A court has to grant an order for possession of a property let under an Assured Shorthold Tenancy if a certain notice has been given. The template tenancy agreement supplied by Legaldocsdirect includes both forms of likely notice so you can choose whichever is appropriate. The form which is appropriate to use depends on whether the tenancy is a fixed term Assured Shorthold Tenancy or a Periodic Assured Shorthold Tenancy.

Generally speaking, when an Assured Shorthold Tenancy is created, it is for a fixed term e.g. 6 months, 12 months. If neither party does anything to terminate it before the last day of the fixed term then the tenancy is automatically converted into a Periodic Assured Shorthold Tenancy. This is still an Assured Shorthold Tenancy but it is now one that continues by operation of the law on a periodic basis i.e. on a week to week basis or month to month basis dependent upon the period in the fixed term tenancy by reference to which rent was paid.

1. Assured Shorthold Tenancy – Fixed Term

Where the fixed term has not yet expired notice has to be given under Section 21(1) Housing Act 1988. The tenant has to be given at least two months notice such notice not to expire before the last day of the fixed term of the tenancy. The notice has to be served before the end of the initial fixed term of the tenancy

2.Assured Shorthold Tenancy – Periodic

Where the fixed term has expired and the tenancy has become a periodic one then notice has to be given under Section 21(4) Housing Act 1988. In this case the period of the notice again has to be not less than two months but the date that is specified as being the date upon which you require possession must be the last day of a period of the tenancy
#8
Basically we want out of here ASAP, the area is horrible, my wife is 6 months pregnant and the new house is ready and waiting (we get the keys this week)...

Surely the times we've received abuse, my housemate was even threatened at knifepoint, is enough grounds to vacate the property early?
#9
noxiousd
Basically we want out of here ASAP, the area is horrible, my wife is 6 months pregnant and the new house is ready and waiting (we get the keys this week)...

Surely the times we've received abuse, my housemate was even threatened at knifepoint, is enough grounds to vacate the property early?


I think you should get some advice asap. Please go to the Citizens Advice and speak to them...they will have all the details and can help you and make sure you do the right thing
banned#10
If he wants you out early then surely you can come to some aggreement. Tell him if he is forcing you to pay the remainder of the lease then you will not surrender the property until the final day of the lease nor will you allow for any viewings of potential new tenants as you have a right to peaceful enjoyment of the property.

As for it being a horrible area you should have done your research into it before moving and the landlord can't be responsible for others actions.

Hope it works out for you
#11
look it over in your written tenancy agreement,but its usually 4 weeks notice
#12
Funny this thread...i have just spoken to my landlord (agent) in regards to same thing, we have a Assured Sorthold tenancy agreement thus of 12months, which comes to end on 24th June, however due to relocation we wish to move out on the 24th may, reading through the contract i believed that 6months minimum then after that the landagent can give 2months notice to evict us, or we can give a months notice and remove ourselves from the property whenever thus could have been on the 7th month.

Just spoke to them literally 30mins ago and they said this is fine, as long as they recieve an email (not even a letter) before the 24th of this month then it is fine for us to move out on the 24th may with a full refund of our deposit, as long as no damage, etc of course.
#13
Any idea where i could find a template for the letter for moving out in 4 weeks?
#14
Just tell him to do one lol
#15
unless the tennancy agreement has a "Break Clause" you would be liable for the full term (on a fixed agreement).
#16
noxiousd
Any idea where i could find a template for the letter for moving out in 4 weeks?


to be honest it doesnt need to say much, just say that i wish to move out as of this date _____ so this is my formal notice to yourselves to inform you.

honestly that is about it.:thumbsup:
#17
keeyop
unless the tennancy agreement has a "Break Clause" you would be liable for the full term (on a fixed agreement).


But it states minimum of 6 month, we've been here that long..
#18
noxiousd
But it states minimum of 6 month, we've been here that long..


as I understand it, although It's been a while since I've dealt with this kind of thing, if it states minimum of 6 months then that is what would be classed as a "break clause". Although I think it would still be a 2 month notice period.

Housing Act 1988

I would definitely give the C.A.B. a call and ask themto take a look at it
#19
noxiousd
Basically we want out of here ASAP, the area is horrible, my wife is 6 months pregnant and the new house is ready and waiting (we get the keys this week)...

Surely the times we've received abuse, my housemate was even threatened at knifepoint, is enough grounds to vacate the property early?




You have a contract, take it to your council and ask them.
I read it as you are liable for the remaining 3 months unless he agrees otherwise, or he finds a new tenant before the 3 months is up.

The area was horrible before you moved in, you knocked your wife up whilst you were there.
The abuse you received is nothing to do with your landlord, it's a Police matter.
#20
thesaint
You have a contract, take it to your council and ask them.
I read it as you are liable for the remaining 3 months unless he agrees otherwise, or he finds a new tenant before the 3 months is up.

The area was horrible before you moved in, you knocked your wife up whilst you were there.
The abuse you received is nothing to do with your landlord, it's a Police matter.


Well, wouldn't put it as blunt as "you knocked her up", makes me sound like Jeremy Kyle fodder...

It was all planned, we just figured when he told us we could move out early that we could, you know... move out early...
#21
My contract is a short term 6 months contract where I can give notice 4 weeks before I plan to leave. The landlord, on the other hand, would have to give me 2 months notice if they want me to move out. However, I'm not sure if your contract is the same as mine since you have the "a term certain of 12 months, not less than 6 months" cause. If you are a student, you can talk to your school housing advisor. All bigger schools have someone like that to help students with their accommodation problems.

Here is how I understand your situation...basically, you live in a student house with 2 other students and all of you want to move out when school finishes next month. But you still have 3 months left in your contract. Assuming all 4 of you signed the contract together and your contract is in fact that it is a 12 months contract, then you will be liable for your housemates' rent if they move out before the contract ends. Similarly, if you leave the house before your 2 other housemates, they will be responsible for you and your partner's rent. With all that being said, I'm only assuming it is a 12 month contract.

I don't quite understand why you have a new house already but you didn't really plan ahead about moving there until now... As for all the threats with neighbors, I suggest phoning the police. The landlord is not at any fault if you did in fact signed a 12 month contract. Talk to the school's housing advisor asap and bring your contract there too.
#22
Slash
My contract is a short term 6 months contract where I can give notice 4 weeks before I plan to leave. The landlord, on the other hand, would have to give me 2 months notice if they want me to move out. However, I'm not sure if your contract is the same as mine since you have the "a term certain of 12 months, not less than 6 months" cause. If you are a student, you can talk to your school housing advisor. All bigger schools have someone like that to help students with their accommodation problems.

Here is how I understand your situation...basically, you live in a student house with 2 other students and all of you want to move out when school finishes next month. But you still have 3 months left in your contract. Assuming all 4 of you signed the contract together and your contract is in fact that it is a 12 months contract, then you will be liable for your housemates' rent if they move out before the contract ends. Similarly, if you leave the house before your 2 other housemates, they will be responsible for you and your partner's rent. With all that being said, I'm only assuming it is a 12 month contract.

I don't quite understand why you have a new house already but you didn't really plan ahead about moving there until now... As for all the threats with neighbors, I suggest phoning the police. The landlord is not at any fault if you did in fact signed a 12 month contract. Talk to the school's housing advisor asap and bring your contract there too.


The house we have accepted was pretty much about to be given to someone else, the area is perfect, as is the house itself, with a large garden, too good to miss...

Its really only 1 months extra rent we will be paying, as the tenancy ends in June and we will be here throughout May, but thats still £180 each...
[mod]#23
Hi :) You mght want to check out this site http://www.adviceguide.org.uk/index/family_parent/housing/tenancy_agreements.htm

In particular looks at the Implied terms of tenancy agreements ... has your landlord failed to do any of those things mentioned? Hope it will be useful to you, ... good luck !
#24
noxiousd
The house we have accepted was pretty much about to be given to someone else, the area is perfect, as is the house itself, with a large garden, too good to miss...

Its really only 1 months extra rent we will be paying, as the tenancy ends in June and we will be here throughout May, but thats still £180 each...



To be honest, I know of quite a few students that skip out on the last months rent after their school ends. I lived with few of those students before and needless to say, I never got my deposit back since the landlord took it to cover the other students' rents.

If the landlord can choose, of course he would rather you get along peacefully with the neighbors but it is really just 1 month rent we are talking about here. I really don't think you have a case against your landlord anyways by bringing up the fact you don't get along with your neighbors.
banned#25
noxiousd
The house we have accepted was pretty much about to be given to someone else, the area is perfect, as is the house itself, with a large garden, too good to miss...

Its really only 1 months extra rent we will be paying, as the tenancy ends in June and we will be here throughout May, but thats still £180 each...


Is the area horrible or perfect?? :thinking:

Its only for an extra month so not really worth all the hassle to get out of it. Besides you knew how long Uni was going to last so should have signed a shorter agreement. The landlord shouldn't lose out on income just because you fancy leaving early (And I hate landlords and letting agents with a passion.) You have signed a contract so you have to see it out unless landlord agrees to let you go early and if he/she does get it in writing
#26
1 month's rent is nothing.it's a small sacrafice to come away from the place you in peacefully and not have any comebacks later on over it.
I've often paid extra few wks here and then inbetween moving places as didn't want to lose the place we about to move in by saying well I can't move in for 2 or 3 wks,as I give in notice and don't wnat to pay 2 lots of rent,sorry it's hard but it's just way it goes.
#27
thesaint
You have a contract, take it to your council and ask them.
I read it as you are liable for the remaining 3 months unless he agrees otherwise, or he finds a new tenant before the 3 months is up.

The area was horrible before you moved in, you knocked your wife up whilst you were there.
The abuse you received is nothing to do with your landlord, it's a Police matter.


Harsh, but true.

On the whole, landlords and agent can be a right bunch of a---holes to deal with. Why not just bite the bullet, pay what's due minus the deposit they own you and move into your new place asap and get out of this hellhole. If you wife is pregnant, she doesn't need any more stress. Best of luck to you.
#28
noxiousd
The house we have accepted was pretty much about to be given to someone else, the area is perfect, as is the house itself, with a large garden, too good to miss...

Its really only 1 months extra rent we will be paying, as the tenancy ends in June and we will be here throughout May, but thats still £180 each...


£180 each? isnt as bad as if i was in the same situation its £595 and thats for me to fund on my own as well! ;-)
#29
I'm not bothered about the £180, i just don't like the landlords attitude regarding it...

Telling us we can move out early, then going back on his word...

This on top of the fact he has been an awful landlord, the lock on the door broke a few weeks ago, leaving us outside with no way of getting in, he refused to come help, insisting "i live 25 miles away, i can't do anything"...

We have been complaining of mold in the property since day 1, he has scheduled for it to be sorted, AFTER we have moved out...

Just a few of a number of things he has been unable to help on, not to mention the numerous times we have urgently required help, only for us to be told "I'm in Dubai/Austria" on holiday for the month, in the case of Dubai he was away from Dec until Feb, with a useless emergency contact, and no help offered...
#30
noxiousd
I'm not bothered about the £180, i just don't like the landlords attitude regarding it...

Telling us we can move out early, then going back on his word...

This on top of the fact he has been an awful landlord, the lock on the door broke a few weeks ago, leaving us outside with no way of getting in, he refused to come help, insisting "i live 25 miles away, i can't do anything"...

We have been complaining of mold in the property since day 1, he has scheduled for it to be sorted, AFTER we have moved out...

Just a few of a number of things he has been unable to help on, not to mention the numerous times we have urgently required help, only for us to be told "I'm in Dubai/Austria" on holiday for the month, in the case of Dubai he was away from Dec until Feb, with a useless emergency contact, and no help offered...



Just move out without telling him and don't leave a forwarding address, then he'll have to pursue you for the money through the small claims court and he sounds like a lazy sod anyway.

it sounds like he's voided the terms of the tenancy agreement through his actions anyway.


Unless the tenancy has a fixed term of more than 7 years, the landlord is responsible for repairs to:

- the structure and exterior of the property;

- baths, sinks, basins and other sanitary installations;

- heating and hot water installations;

- if you are renting a flat or maisonette, other parts of the building or installations in it which he or she owns or controls and whose disrepair would affect you.

Responsibility for other repairs depends on what the landlord agrees with you. He or she is not responsible for repairing damage caused by you.

The landlord can include a sum to cover the cost of repairs in the rent but cannot pass the costs on to you in the form of a separate service charge.
#31
Jumpingphil
Get some friends to pretend they are interested in moving in right away.
You get your early release agreement in writing.
You leave, you're happy.
Your friends don't show up.
Sorted.


+1
#32
Make friends with the asian people. They're a nice bunch. Really.
#33
hongkongwong
Make friends with the asian people. They're a nice bunch. Really.


I think by "Asian", the OP meant the darker skinned colour race....not Chinese/Japanese/Korean/etc...

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