Private rent - Mould - Need to move

[Anonuser]

Just after some advice, we live in a new-ish build which of course was built in a week or so and using cheap materials means that the ventilation is awful in bathrooms with no windows. We use the fans every time we have a shower but the mould still grew. Add to the fact there's 2 en suites in this little flat.

 

Long story short, the LL has told us we need to move out as work will take around 2 months. Our tenancy is 6 months until January and we're just wondering where we stand in terms of finding a new place. What if we can't find a place within the time they serve the 2 months notice (I hear 2 months written by the LL is the usual way)

 

Thank you.

[raydetinu]

yes two months notice is the minimum the LL needs to give, but that is just a notice for repossession.

You do not have leave then until he obtains a court order, which can take a few weeks more. However eventually you will have to move and don't want to wit until the bailiffs turn up.

So suggest you start looking now, and if you find one, you can negotiate leaving early, so you wont pay the rent until the end of your contract.

[Anonuser]

yes two months notice is the minimum the LL needs to give, but that is just a notice for repossession.

You do not have leave then until he obtains a court order, which can take a few weeks more. However eventually you will have to move and don't want to wit until the bailiffs turn up.

So suggest you start looking now, and if you find one, you can negotiate leaving early, so you wont pay the rent until the end of your contract.

 

Thanks,

 

The LL has been decent so far they've said work will most likely take place start of December and after making this thread and just reading your comments, It's probably in my best interests to start looking and leave without a fuss, plus I'd rather get a place just before xmas, than after, eeek.

 

Thanks again.

[mariner51]

Basically, if LL wants you to vacate to effect nec repairs he has a duty to provide equiv, alt temp accom. Provided you continue to pay current rent whilst in temp accom, current AST continues.

[raydetinu]

good luck finding somewhere, but you do not have to leave.

he cannot start work or make you move out until your contract ends, so the December start date for work is a bit premature on his part.

As M51 says he can offer alternative accommodation ( which you do not have to accept ); if he does want to start in December,you will be in a strong negotiating position; paying all your expenses plus an incentive.

[Anonuser]

I'm currently renting with a private landlord, everything was fine until an outbreak of mould. My flatmate moved out as we were told that the builders would need the flat clear but realized it was only surface mould so I was allowed to stay in the flat, rent free whilst paying bills. During this time my 6 months contract ended.

 

I've been living there without a contract for over a month and the LL wants a new tenant by Friday, they've not given me much time as I was only allowed to conduct viewings once the place was painted (last week). All seems fine but they're 'threatening' to kick me out as I'm struggling to find a tenant and they have more interest renting the flat as a whole. The LL has been 'funny' the past few weeks, which is understandable, they've had no rent for the past few months but that's down to their own builders not finding the issue to begin with.

 

Where do I stand if they ask me to leave? I'm not going to barricade myself in, but I need time to search. Which judging by their current attitude I can imagine them changing locks and find my bed and books outside the door.

 

Thanks

[citizenB]

I am sure there will be caggers looking in later on in the day, meanwhile you might want to have a word with shelter - who dont just deal with homeless issues..

 

http://england.shelter.org.uk/get_advice/private_renting

[Anonuser]

Thanks,

 

The bugger about this is the fact I'm not in a legal contract, so most of the stuff I've been reading are right with your contract, agreement etc. I might as well be a squatter. Oh no, don't tell me I'll be squatting.

[citizenB]

It is a bit of a worry isnt it ? Hopefully, someone will have some ideas for you.

[mariner51]

Irrespective of your rent free period IMO your AST became SPT at end of fixed term and LL needs to have served valid s21 & obtained Court Repo Order and Bailiffs to legally evict you. Equally you will need to serve 1 month NTQ (not rescindable) to vacate T.

If LL changes locks and removes your property in the meantime, that would be 'illegal eviction' and should be reported to Local Council Housing Dept.

Only Court Bailiffs can legally evict you.

You still have a valid Contract (SPT) and you cannot be a 'squatter'.

[Anonuser]

Irrespective of your rent free period IMO your AST became SPT at end of fixed term and LL needs to have served valid s21 & obtained Court Repo Order and Bailiffs to legally evict you. Equally you will need to serve 1 month NTQ (not rescindable) to vacate T.

If LL changes locks and removes your property in the meantime, that would be 'illegal eviction' and should be reported to Local Council Housing Dept.

Only Court Bailiffs can legally evict you.

You still have a valid Contract (SPT) and you cannot be a 'squatter'.

 

Thanks, that's a relief. I'm by no trying to make this hard for either of us, they've just left it last minute. My deposit is still within the scheme they have but I just get a funny feeling by the way they've been acting.

 

Any advice on how to proceed? I'm currently doing two completely opposite things, looking for a new place and looking for a new tenant here. Ah, the joys of renting.

 

I've tried playing nice witht he LL, updating them with potential roomies, asking for breakdown int he bills/rent but literally everything I'm saying seems to be peeing them off. They're not even signing off with the name anymore, just blunt emails.

 

I've been a good tenant, always paid, never complained, always kept the place clean etc etc.

[Anonuser]

Just to add - It's not in the contract that I have to find a new tenant, just a gesture of goodwill I guess, the same with the rent-free period, so ow can I best put this into words to the LL? I want to explain that I understand it's a stressful time but I'm trying my best and you didn't want me to advertise until the mould was gone.

[mariner51]

You are now on SPT and can serve min 1 month NTQ that expires on last day of a rental period. Leave finding new T to LL.

[Anonuser]

You are now on SPT and can serve min 1 month NTQ that expires on last day of a rental period. Leave finding new T to LL.

 

Thank you. Feels as if they're putting it all on me. I'll update with the next contact as I have a feeling closer it gets to Friday, the less friendly the email will be from them. Sigh.

[Anonuser]

OK, update.

 

The Landlord found a potential tenant through Spareroom, but they advertised the flat as being available as a whole (They didn't mention I still live there..) They also said "Rent split to be discussed by tenants" thus removing any onus on them instead of saying "Current flatmate is paying X amount, you will be paying X amount"

 

I've upped my rent by £80.00 but the Landlord wants me to also pay an extra £200 for the deposit (my current deposit is already with them) I explained that I didn't see the need for me to add to my already existing deposit but they assured me this is the norm as I've now upped my rent.

 

Basically, If I don't like it, I should move out. All well and good and still heavily considering it.

 

Which is why I post here. Is it fair that I should add to the already existing deposit even though it will technically be a new contact.

[Anonuser]

Just to add, whilst this may be standard practive to increase the deposit, do I have a leg to stand on in looking for more tenants? I had interest in people who were willing to pay the excess rent but the Landlord sent me this guy who I liked, but our numbers don't really match up.

 

They said they wanted me to start paying the rent on the 1st. They've only said that the rent needs to be covered by tenants not given me a fixed rent number. So I could pay my current rent and leave it down to them to find someone to pay what's leftover?

[Anonuser]

edit

[Anonuser]

*adding to the above post. Guys need advice on this as want to get back to the LL before they think I'm not 'accepting' of a new contract.

 

"Your deposit is one months rent so whatever the split is you will need to cover your side. This is the standard for any let with or without agent. if you don't agree we cannot set up contract and you will need to move out. " Everyone I've asked who's rent was upped of new contract was formed, did not have to change the deposit.

 

And from what I've read you cannot top up a deposit, it needs to be released (10 days) then put back in.

 

Am I within my right to say that I'm happy paying my current rent and for them to find someone to fill the rest? After all, in their advert they cleverly avoided any questions about rent by saying 'rent to be sorted out by tenants'

 

Where I'm currently living here alone, there is no contract to say I need to pay X amount, the rent just needs to be paid. My contract is for a sole person so I cover what I cover.

 

Do I say that I want to start paying the rent and sign 'my' contract'?

[Anonuser]

My email draft; (excuse the new post, I cannot edit)

 

I have no issues with signing a contract and paying my rent, you've had me as a tenant for the past several months and I've given no problems. My contract shouldn't need me to negotiate with another tenants contract or find another tenant. Whoever moved in would be covering the excess, this wasn't too clear in your ad which saw the room as being empty in a new share and despite the flat being 'empty' for months, we didn't have much time to conduct viewings with the flat just being finished

 

Again I have no issues with signing the new one, but someone has to be able to cover the excess.

 

With the DPS I've not heard of upping the deposit for an existing tenant as the bond needs to be returned then re-deposited and as an existing tenant I'm confused by this.

 

I'm happy to pay my side and find someone who will cover there rest, which there are plenty. I don't see why I can't carry on what I've been paying and then filling the room.

[Anonuser]

Ok so a new tenant has been found and they've signed the contract, my LL wants me to pay the deposit in instalments (an extra 200) I'm not happy with this at all. They also said its a 12 month contract with no break clause with 2 months notice. I mentioned this was too long and they said I could find a replacement if I move. (This was said over the phone, not in contract)

 

I'm going to move, the new rent is due today, do I pay this months and have a month to move or how does it work?

 

For some reason, I feel obligated to stay and sign just because it's last minute/I would seem to be difficult.

 

Everything has been a mess, contracts, mould, deposit. Etc

[tezza1234]

You could pay another months rent and then move out I guess, but also, would this be seen as you accepting the new 12 month tenancy, Also, if you do pay another month and leave, are you confident you will get your deposit back, do you trust them. I would be inclined to not pay the rent, save it, and force them to issue a S21 notice, yes this would been seen as you being awkward, but also perfectly legal, it would also certainly mean you lose your deposit but then you save the rent so you personally are not really worse off, it seems they have been awkward so i know what id do.

[Anonuser]

Thanks,

 

Hmmm, I trust them in the sense that they're good people but not in the competence of being a landlord. So I guess no in this case, they're very good at putting pressure on me to find someone to move in "or else" etc.

 

What would be the reason for losing the deposit if I chose it to sign the new contract and move out ASAP?

 

Once again thanks for all the information, very helpful.

[Anonuser]

To add;

 

A 12 month contract with deposit with DPS. If I chose to end it early, find a replacement, what then happens with the deposit?

 

If I were to stay, would it makes sense to be even more awkward (to cover myself) and ask for the "replacement tenant" part to be in the contract? I guess it comes down to trust like you said but then again it's business.

[tezza1234]

You need anything and everything in writing, some may disagree here but from my experience you have to assume that most LL will look to find ways of keeping your deposit via any means possible eg a stain on the floor, broken tiles, breach of contract etc..... so all i am saying is you cover yourself, if you are willing to accept that you will lose the deposit, stay there, pay no more rent and force them to evict you, the eviction process can take 2-5 months which gives you that time to save and find somewhere else.

[Anonuser]

I can see their joy if I asked for new contracts but you're completely right, agreeing over a phone call won't cut it.

 

I won't be that guy who waits to be evicted but I'm looking asap for a new place. The new contracts are at home waiting for me to be signed, I'm already 1 day into the new agreement.

 

They've inspected the place a few days ago, gave it a thorough clean for the new tenant, surely If they did want to "get me back" by keeping the deposit I'd have a leg to stand on by receiving no prior warnings to the conditions of the flat, especially seeing it was covered in black mould.

 

Council tax for last month needs to be paid as was due Friday, do I hold off until I see where they're going with the deposit or get it all paid up? I don't want to be left out of pocket but I owe that bill.