I recently signed a 6 month assured shorthold tenancy agreement, but 2 weeks later the landlady told me she had an offer to buy the flat and would like me to move out. We had already agreed to her showing agents around to value the property, and even realised she had allowed an agent to enter without our permission (she apologised and said she forgot to tell us when we challenged her). After this she has bombarded us with phone calls every day to ask whether we have found a property.
We finally got fed up and found somewhere else, and went round to see the landlady to discuss options regarding the return of our deposit and whether or not we would have to pay rent this month (as we can move into the new property on the 12th, rent is due on our existing flat on the 6th). But she now says there's no way she can give us any money yet as the buyer has not exchanged. I feel we have accomodated this woman, even though she has broken the agreement many times and we have not broken it once.
2007-05-01 09:06:20 · 14 answers · asked by amystev 2 in Business & Finance ➔ Renting & Real Estate
You have been more than decent ... you have every right to stay for the whole CONTRACT period of 6 months - and so long as you pay the rent she can't get you out (actually, if you stopped paying the rent it would take about that long to get you out anyway).
Check out with Citizens Advise, but I believe you have a right to sue for compensation for Breach of Contract (a Solicitor would assist).
However it might be better to simply ask her for, say, 3 months Compensation (plus your Deposit) and inform her that
you are NOT moving out until you get a written agreement with her Solicitor that you will be paid.
If she won't deal, advise her that :-
1) you will be contacting the Estate Agents, her Solicitor AND the Buyers Solicitors to inform them that you have a 6 month Contract and that so house can NOT be sold with 'vacant possession'
2) and you will not be moving for 6 months.
If she agrees, get the details of her Solicitor and write to them to confirm the agreement and get their written response that you will be paid by the Solicitor when the sale Completes.
PS = I wonder if she has been declaring the rent to the Inland Revenue & paying Tax on it ? Also - is she declaring this house as her 'main residance' ? (maybe her Solicitor needs to be informed it's a Rental Property and the sale needs to be notified to the Inland Revenue so they can assess her for Capital Gains Tax...)
2007-05-01 09:10:34 · answer #1 · answered by Steve B 7 · 1⤊ 0⤋
. Get the Housing authority in your town to investigate this whole mess. You have rights that you gave up when you moved. But your deposit should have been returned . The fact that the landlord hasn't exchanged the properties irrelevant. Your entitled to your deposit and if it were me, I'd get my rent back too. Her harassment was not legal , and you should be compensated for doing what she wanted. There has to be an agency that you can file a grievance with, You could have made her pay you to move as you had a rental agreement for 6 months. You could have stayed and she would have to wait 6 months.
2007-05-01 09:25:34 · answer #2 · answered by redd headd 7 · 1⤊ 0⤋
Hi,
as an assured shorthold tenant she had no rights to ask you to move out after two weeks. Your statutory rights in your contract would have allowed you to stay there for 6 months. (unless you had failed to pay the rent.) I assume that if you werent there very long, that you moved in after the 6th April. If so the deposit should be protected by a Tenancy Deposit scheme.
Get to your local CAB they will be able to give you more advice and options.
A carefully worded letter from the CAB might well get her moving! As you are within rights to start legal proceedings against her.
2007-05-01 09:18:35 · answer #3 · answered by Ah! 5 · 1⤊ 0⤋
I think you'll find that even a shorthold tenancy agreement is a legally binding contract, for her as well as you. If I remember correctly from my old one, the landlords do have the right to cancel if you're not holding your end of the agreement, but I'm sure they have to give you so much notice if they want you to leave for other reasons. Certainly don't pay
her anymore rent if you've got somewhere else and she won't return your deposit, you don't want to be out of pocket twice. Go to your Citizens Advice Bureau, I'm sure they'll be able to explain in more detail, also it's free.
2007-05-01 09:18:38 · answer #4 · answered by Anonymous · 1⤊ 0⤋
You have been treated dreadfully and she's the type of landlord who gives the rest of us good ones a bad name. Obviously she has spent your deposit monies! I would put your issues in a letter to her and tell her that if your monies are not with you in 7 days, you will file a complaint in the Small Claims Court. It will cost you a few pounds, but she hasn't a leg to stand on, and you will without a doubt win. Take with you your tenancy agreement and spend some time writing down all the phone calls you've made, or she's made to you, all the incidents etc. Sadly, if you dont do something like this she will obviously get away with the abysmal treatment. However, it is up to you.
2007-05-01 09:13:45 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Read your agreement and stick to the terms. She should give you 2 months notice to leave and there may be a clause (there is in mine) that states she has to pay back your deposit within 10 days of you leaving, assuming everything is in order in the house.
2007-05-01 09:10:41 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Your landlord has to refund your deposit within a specified time limit, depending on the state of the accommodation after you have left. She has also got to give you a reasonable notice period, as stated in previous answers. I would try bargaining with her to give you your deposit back early. It's in her interest. Also from the first of April this year, all deposits have to be banked in a government agreed scheme.
2007-05-01 09:21:52 · answer #7 · answered by Nev 4 · 1⤊ 0⤋
the only way you can be moved out of the property by the landlord or agent is with a court order. they must take you to court, and have a judge rule in their favour.
without this they do not have a leg to stand on. it is simple harassment. there are laws to protect you.
if they enter the property without your permission, like happened with the estate agent, phone the police.
your are entitled to 'quiet possession of the property'.
2007-05-02 23:04:05 · answer #8 · answered by simon r 3 · 0⤊ 0⤋
What city, state or country are you in? Housing laws vary wildly from place to place.
Take the amount of monthly rent you agreed to pay, divide it by 30 and multiply it by the number of actual days you are in the flat. You should not have to pay more than that in rent, since she is the one who asked you to leave and it wasn't because you were a bad tenant.
2007-05-01 09:21:00 · answer #9 · answered by soelo 5 · 1⤊ 0⤋
pay her 6 days rent and not a penny more and get it in writing that she must pay your deposit back etc contact a lawyer and if she does not pay once flat is sold take her to the small claims court
2007-05-01 09:40:39 · answer #10 · answered by Anonymous · 0⤊ 0⤋