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Landlord is saying we've abandoned the house

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Hi my landlord is saying me and the people I live with have abandoned the house and that we also owe her rent and wants us to sign over the deposit to her as she believes we have left damage in the house.

 

This isn't true because the contract we had with the landlord ended on the 31/07/2017 and in mid-September the landlord came around and said she wants use out by the 02/12/2017 with no reason on why she wasn't going to renew the contract. So, we found a new place and moved are stuff into it for the 01/11/2017.

 

The landlord came around on the 01/11/2017 saying the above and threatening court action if we didn't sign over the deposit from the house agents to her. She also took the keys of my mum when she was there and then told the house agents that we have left damage and she hasn't got the keys.

 

Flat out lie right there. I'd really like some advice on what to do because she’s coursing stress for everyone and my sister isn't mentally well and all this is making her worse.

 

Also, the house agents have e-mailed me wanting my side for the 10/11/2017.

 

Thanks

Andrew


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Thread moved to the appropriate forum...please continue to post here to your thread.

 

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Andy


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Did you give notice in writing to the landlord or agent?

If not, it is correct for them to retain the deposit and if that doesn't cover the notice period, sue you for the rest.

With regards to the alleged damage, without a detailed inventory the landlord will have a bit of a struggle proving any of it.

Was an inventory compiled on entry and exit?

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Have you been served with a Section 21? Any official notice to vacate?

 

My first thoughts are if the fixed term expired on 31 July, you should have vacated then....

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Confused OP.

If any Tenant remained in occupation after end of fixed Term (31/7/17?) the Tenancy continued for all as SPT, with new Notice requirements for all.

Landlord is not required to provide any reason for not renewing, but is required to serve due Notice for Repossession.

Explain your Tenancy so far, in more detail please.

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I didn’t get time to give notice to the landlord or agent because first we only thought we was dealing with the landlord because she said we were with her only now when we renewed the contract back in august 2016 not the house agents.

 

And second, we only planned to give notice to her after we had emptied the house but she interrupted the process on the 01/11/2017 just before we had finished, and then took the key my mum had off her and said what I said in my first post. We still have two keys but not sure what to do with them yet.

 

Also, yes there was an inventory done when we first moved in back in august 2015 but since she interrupted the exit there hasn’t been one done. We’ve took pictures of how the place was when we first moved in and on the 01/11/2017.

 

Yes, we were given a section 21 on the 26/09/2017 I can upload redacted copies of the section 21 and all the tenancy agreements I have if needed to better explain.

 

Thanks

Andrew


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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Hi

 

From what you have stated in your first post could you clarify if this is a HMO (House in Multiple Occupation):

 

https://www.gov.uk/private-renting/houses-in-multiple-occupation

 

Could you clarify you were given notice in writing by the landlord?

 

When you moved in was a Check in carried out and you signed?

 

When you moved from the property did the landlord do a check out of the property which you signed?

 

Have you been given the prescribed terms of the tenancy deposit: http://www.legislation.gov.uk/uksi/2007/797/article/2/made

& this link http://www.legislation.gov.uk/uksi/2007/797/article/2/made


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I didn’t get time to give notice to the landlord or agent because first we only thought we was dealing with the landlord because she said we were with her only now when we renewed the contract back in august 2016 not the house agents.

 

And second, we only planned to give notice to her after we had emptied the house but she interrupted the process on the 01/11/2017 just before we had finished, and then took the key my mum had off her and said what I said in my first post. We still have two keys but not sure what to do with them yet.

 

Also, yes there was an inventory done when we first moved in back in august 2015 but since she interrupted the exit there hasn’t been one done. We’ve took pictures of how the place was when we first moved in and on the 01/11/2017.

 

Yes, we were given a section 21 on the 26/09/2017 I can upload redacted copies of the section 21 and all the tenancy agreements I have if needed to better explain.

 

Thanks

Andrew

 

Ok, it seems that the landlord gave you notice on 26/09 and if we're talking about the statutory 2 months, you should have vacated on 26/11 and paid rent up to that point.

But you left early and handed keys to the landlord.

The landlord is entitled to rent up to 26/11, so you need to calculate this.

With regards to the inventory, if none was signed on exit, the landlord can't really claim any damage unless they have strong proof of it.

Is the deposit protected?

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Post up the s21 you received. Just redact name & address.

What date did the last of you vacate?

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Hi

 

Yes the house was an HMO I lived with my brother and sister when we was there.

 

The landlord give us a s21 on the 26/11 I’ll upload it when I get home from work for everyone.

 

An check was done that I think we signed when we moved in but can’t remember if we signed anything.

 

And no a check wasn’t done when we left because on the 01/11 the landlord came around and told us we’ve abandoned the property and took the key of my mum she didn’t give her the keys the landlord said she had too.

 

I’m not sure about the deposit I’ll upload the paperwork we have when I get home also.

 

Thanks

Andrew


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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