Private rent - Mould - Need to move

[tezza1234]

I'll casually ask them for more details on the deposit (without pointing fingers) then mention I don't agree with contracts, let's get me moved out etc.

 

If they decided to go the long route then, hopefully they've not used the DPS and I'll use this against them. Bill will all be paid, there's nothing left for them to say really.

 

Friendly, simple and a chance for it all to be over quickly.

 

In terms of the new contract, after reading through I do not agree with the new conditions and therefore will not be continuing my tenancy. For my remaining time in the flat I will be paying my original rent that was in my contract, £££ PCM excluding bills. We will need to come to an arrangement on this month’s bills. I’m sure we can arrange something in terms of time scale, ideally I’d like to give a month’s notice from today.

 

I also need information of my deposit as I did not receive the initial confirmation from the deposit scheme.

 

Anything else just let me know,

 

Regards,

 

 

 

All sounds good to me

[mariner51]

"The new unsigned contract Commenced on 5/02/2016 and is for 12 months."

 

anon, your posts are getting more confusing. It appears you may have paid rent for Feb/Mar and are still in occupation so appear to have accepted a new verbal fixed term AST (quite legal), as feared by tezza. Normally a T cannot give valid NTQ during fixed term, only offer a Surrender, for which LL/LA seemed to have offered terms for acceptance ie find an replacement, T acceptable to LL. Your tenancy liability would end when this replacement moves in.

 

 

LLs often get these 'assignments' confused re deposits, which may have occurred in your case.

[Anonuser]

"The new unsigned contract Commenced on 5/02/2016 and is for 12 months."

 

anon, your posts are getting more confusing. It appears you may have paid rent for Feb/Mar and are still in occupation so appear to have accepted a new verbal fixed term AST (quite legal), as feared by tezza. Normally a T cannot give valid NTQ during fixed term, only offer a Surrender, for which LL/LA seemed to have offered terms for acceptance ie find an replacement, T acceptable to LL. Your tenancy liability would end when this replacement moves in.

 

 

LLs often get these 'assignments' confused re deposits, which may have occurred in your case.

 

Allow me to apologise guys, I'm sifting through two completely different complaints at the moment. Good job for my day off.

 

Allow me also to correct myself, nothing has been sent. The date above was meant to read "Commended on 5/03/2016" or at least that's when the new tenancy contract is from. I said this because I have the contract, unsigned here in front of me but have yet to accept or sign.

 

No rent has been paid since last year when they held off due to mould damage and the bills are all up to date until the end of February. I should now be in 'SPT' mode.

[mariner51]

I await input from Regulars whether anon has a verbal new AST?

[tezza1234]

I await input from Regulars whether anon has a verbal new AST?

 

Not if the date 5/3 is correct, it would just mean OP is a couple days overdue so needs to offer a NTQ or surrender now, pay rent now, or the LL can issue the S21 for failure to pay.

[Lea_HTH]

Notwithstanding the 'advice' given in this thread, the OP has a couple of difficulties.

 

He/she wants to leave - great, give valid notice to quit and go...BUT if the new tenancy started on 5th March, that means the old tenancy ended on 4th March, or became periodic on 5th March...which means rent was due on 5th March and OP is still in occupation and hasn't given notice. Too late to give one month's valid notice to quit for 4th April, valid notice to quit would now end on 4th May.

 

Secondly, 'advice' has been given about the 'illegality' of not protecting a deposit of £520, but nothing in conjunction with the financial penalties available to the court to award to the tenant if a claim was made, would negate the fact that the LL could legitimately claim rent for the six months of free accommodation and bills the tenant had for six months...presumably in or around the region of 6 x £520. Not protecting a deposit is against the law, it's not an 'offence' as it's not criminal. LL sounds inexperienced, so if deposit has not been protected, court would take any inexperience into consideration and award a lower penalty...LL's claim for unpaid rent far exceeds that amount (or even the highest penalty available to the court) and therefore there would be great incentive for the LL to sue tenant.

 

The easiest way out of the situation is negotiation with the LL...say you'll leave if they return your deposit and ASK if you can leave on 4th April. They may be happy to get rid of you.

[Lea_HTH]

the LL can issue the S21 for failure to pay.

 

s21 has nothing to do with failure to pay rent.

[Anonuser]

Notwithstanding the 'advice' given in this thread, the OP has a couple of difficulties.

 

He/she wants to leave - great, give valid notice to quit and go...BUT if the new tenancy started on 5th March, that means the old tenancy ended on 4th March, or became periodic on 5th March...which means rent was due on 5th March and OP is still in occupation and hasn't given notice. Too late to give one month's valid notice to quit for 4th April, valid notice to quit would now end on 4th May.

 

Secondly, 'advice' has been given about the 'illegality' of not protecting a deposit of £520, but nothing in conjunction with the financial penalties available to the court to award to the tenant if a claim was made, would negate the fact that the LL could legitimately claim rent for the six months of free accommodation and bills the tenant had for six months...presumably in or around the region of 6 x £520. Not protecting a deposit is against the law, it's not an 'offence' as it's not criminal. LL sounds inexperienced, so if deposit has not been protected, court would take any inexperience into consideration and award a lower penalty...LL's claim for unpaid rent far exceeds that amount (or even the highest penalty available to the court) and therefore there would be great incentive for the LL to sue tenant.

 

The easiest way out of the situation is negotiation with the LL...say you'll leave if they return your deposit and ASK if you can leave on 4th April. They may be happy to get rid of you.

 

This is what confuses me, they can claim back a rent free period (was 3 months) that they agreed to in an email? And yet I'm obligated to fufil a contract I've neither signed nor agreed to verbally because of a few days?

 

I see these options.

 

1. Play nice, don't mention a potentially unprotected deposit and give month notice at old rate and hope for the best.

2. Mention deposit (They have a few properties they rent), use that to lever my needs to pay rent and move out in a month.

3. Give notice for 4th April, pay original rent, leave in May.

4. Casually mention deposit, give months notice from today, hope they're too inexperienced to care otherwise and treat it as nothing.

[Anonuser]

Sound good? A few options in there plus a mention of the deposit.

 

I apologise for not getting back to you sooner, as of now all bills are up to date until the end of February 2016.

 

In terms of the new contract, after reading through I do not agree with the new conditions and therefore will not be continuing my tenancy under the new contract. For my remaining time in the flat I will be paying my original rental agreement that was in my contract when I moved in July 2015.

 

I’m sure we can arrange something in terms of time scale, my ‘Notice To Quit’ can either be valid from 5th March 2016 or I can can give the notice for the 4th April 2016 and leave on the 5th May 2016, or end my tenancy with 1 month's notice from today 7th March 2016.

 

If you could also send over the details for the deposit scheme as they never sent this over.

 

Anything else just let me know,

[mariner51]

anon. you ain't listening nor understanding.

You were sent new Contract to sign well in advance to sign & return. You did neither, Many Ts think, by not signing something it absolves them of responsibility. It does not. The Judge can decide you entered new 'verbal' Contract, on same Terms as unsigned written Contract, on 5th Mar. If it allows you to give 2 cal months Notice during fixed term, the rules applying to T NTQ.s should still apply ie to expire min 2 clear cal months to end on last day of rel rental period.

Rental period is now 5th to 4th, so if posted today (Tue 10th), it will be deemed served on Thur 12th Mar for 4 Apr cut-off .

and cannot expire until 4th Jun 16 (your non-optional leaving date, with all rent, bills & C Tax paid to that date (inc).

If it is decided you have orig Contact SPT, then delete 1 cal month from due dates.

As an honourable LL I would honour my 'free rent' period, but if you sued for deposit non-deposit and was awarded 3+ deposit, ther is nothing to stop me (other than 1 email) suing you for missing 6 months rent as you remained on AST terms with rent due.

The longer you prevaricate serving valid NTQ/amicable resolution, the more it is going to cost you IMO

[Anonuser]

anon. you ain't listening nor understanding.

You were sent new Contract to sign well in advance to sign & return. You did neither, Many Ts think, by not signing something it absolves them of responsibility. It does not. The Judge can decide you entered new 'verbal' Contract, on same Terms as unsigned written Contract, on 5th Mar. If it allows you to give 2 cal months Notice during fixed term, the rules applying to T NTQ.s should still apply ie to expire min 2 clear cal months to end on last day of rel rental period.

Rental period is now 5th to 4th, so if posted today (Tue 10th), it will be deemed served on Thur 12th Mar for 4 Apr cut-off .

and cannot expire until 4th Jun 16 (your non-optional leaving date, with all rent, bills & C Tax paid to that date (inc).

If it is decided you have orig Contact SPT, then delete 1 cal month from due dates.

As an honourable LL I would honour my 'free rent' period, but if you sued for deposit non-deposit and was awarded 3+ deposit, ther is nothing to stop me (other than 1 email) suing you for missing 6 months rent as you remained on AST terms with rent due.

The longer you prevaricate serving valid NTQ/amicable resolution, the more it is going to cost you IMO

 

Again, where are you getting 6 months rent free from? The 3 months rent free and the 3 months I'll be in the property if they go down the suing route?

 

I've been nice about it, this makes it easier for both of us. Not mentioned deposits, said I'll pay original rent and split this months bills, let's wait and see.

 

I'll update.

[Anonuser]

Ok, just had this back from the LL.

 

Your deposit was with (tenants name) as you never had any agreement with me and is a total of £520 from what (tenants name) told me. I

 

To date you have made no agreements with me on the deposit amount only (tenants name) so if you have any disagreements with this you will need to pick up with her directly

 

To be clear its held under (tenants name) deposit which I can release to your account number when agreed.

 

*tenants name was a tenant who I first shared with, they have since moved out. They received a letter through from dps saying their deposit has been released.

[Lea_HTH]

This is what confuses me, they can claim back a rent free period (was 3 months) that they agreed to in an email? And yet I'm obligated to fufil a contract I've neither signed nor agreed to verbally because of a few days?

 

I don't think, given your response above, that you actually read what I wrote.

 

I see these options.

 

1. Play nice, don't mention a potentially unprotected deposit and give month notice at old rate and hope for the best.

2. Mention deposit (They have a few properties they rent), use that to lever my needs to pay rent and move out in a month.

3. Give notice for 4th April, pay original rent, leave in May.

4. Casually mention deposit, give months notice from today, hope they're too inexperienced to care otherwise and treat it as nothing.

1. 'Play nice'...I'd say you're stuck between a rock and a hard place - deposit was in old tenant's name, not yours, and also seems the tenancy agreement was a joint and several one...that means that if the LL wanted to 'not play nice', he or she could claim the full rent for the three months you occupied the property alone and 'rent free'.

 

2. Your bargaining position is much weaker than you appear willing to acknowledge.

 

3. You cannot give valid notice to quit by 4th April, LL would be entitled to pursue you for rent for April to May.

 

4. Your LL seems generous - they gave you three months free accommodation and now you want to screw them over.

 

Your option is clear - TALK to the LL, explain you don't want to sign a new contract and say you can be out by 4th April if they agree. I am fairly sure the LL would probably be happy to see you go.

[Anonuser]

Ok slight update, since my last email (which was polite, to the point and the easiest way for both of us) they've not responded. I offered what was suggested here, to pay the months rent and be gone in the month. They didn't respond, maybe mind games, who knows. I called them, they said they were busy but will definitely send it (2 days back)

 

Whatever is happening, I'm not in the position to be sued for all my millions or to get "one over" on, pointless. I'm not overly concerned now, I've offered. Their move.

 

They have told the new housemate that they will be doing a viewing on my room (without telling me though) I guess they've accepted my offer but just waiting for the last minute to tell me.

 

Ah the joys.