moving out short notice AIBU?

(19 Posts)
rockabella Tue 12-Jan-16 21:15:15

A bit long, sorry!

DP and I have lived in current property is riddled with damp, mould, draughty leaking windows, rotten floorboards, dodgy electric set ups that my fire fighter father has seen cause massive fires in other properties etc. New boiler was installed but they left old pipework that is too small for the pressure of a modern boiler meaning we have sludge in every radiator, and constant leaks under the flooring. DP has various healthy issues that are worsening due to the conditions of our home.

We have with-held rent in the past due to above issues but on the whole we have been good tenants. We keep the propety in as good condition and decoration as is possible with the problems this includes re-tiling the bathroom as old tiles fell off due to insane mould growth behind them(wtf?), installing new kitchen appliances as the previous ones were condemned by a gas check. We have also fitted a new carpet in one of the rooms after it was flooded for months in a row by leaking window mantle. We have easily spent £2000 trying to maintain a reasonable home.

Our Landlord is elderly and his carer deals with the property on his behalf through an agent although they refuse to use the agents team of workmen. We have been offered a new property by a family member, who is a landlord, and we've taken it.

LLs carer is now kicking up a stink and threatning to take us to court etc for short notice. She said us moving out early and not paying the notice period will have consequences on the LLs care in his sheltered complex. Our agent belives she has power of attorney and has full control over this mans money. So far I've told the carer where to go and ignored contact.

AIBU for not sticking our the usual notice period and telling her to do one?

I feel terrible at the prospect of an elderly man having financial difficulties but at the same time our current home is dangerous, DP is constantly ill (he suffers from a rare form of reynaulds syndrome, allergies, asthma and chronic joint issues) and needs to be warm at all times.

KingJoffreyLikesJaffaCakes Tue 12-Jan-16 21:26:37

It's fine.

He hasn't kept up his end of the contact and if your DP is ill you've had little choice.

He's effectively pushed you out...

GwenethPaltrowIamnot Tue 12-Jan-16 21:30:29

I think the carer has not acted in interest of the LL by making sure the property was was well maintained
You need to do what's best for you and your DP , I would

NewLife4Me Tue 12-Jan-16 21:32:08

My tenant has just done this but I wouldn't blame you at all, that's disgusting.
You can't live like that.
Keep everything together just in case they do decide to be nasty buggers.
Can you take photo's, do you have a copy of Gas cert saying the appliances were condemned.
I am so mad for you, it's people like this that give LL a bad name.
I don't understand why somebody wouldn't want to maintain their property, it's sheer madness and takes tons of the value.

Griphook Tue 12-Jan-16 21:35:04

Don't worry, if she had bothered to maintain the property then it wouldn't have arisen. The agency ara also at fault for not insisting the property was a decent standard. I

Take pictures of the problems and keeps any records of communication in you need them.

Is there a deposit?

rockabella Tue 12-Jan-16 21:37:33

gweneth I suspect the Carer takes advantage of his age, and poor memory, last I heard he potentially has dementia.

Newlife

We've got photographs, videos etc but the proof is there if you just walk into the house, it absolutely reek. We had arranged to get the living room carpet cleaned as dog (we have permission) has accidents as a puppy but on puling out our furniture to find the carpet soaked and mouldy meant that was swiftly cancelled! The beautiful woodwork on the windows (older property) is in ruins because of the constant inflow of rain, its such a shame and makes no sense that they will put in a new boiler (a very expensive model surprisingly), but not the correct pipework etc.

Nottalotta Tue 12-Jan-16 21:38:01

Are you still in the fixed term of the tenancy? How much notice did you give? Legally you are obliged to give one months notice and if you are within the fixed term you are expected to pay rent to the end of the fixed term. Condition of property sadly doesn't have any bearing on this. I think its unlikely the LL/LL agent would pursue it though.

How long had you lived there?

rockabella Tue 12-Jan-16 21:39:50

griphook the agency have been great, but hands are tied as final say lies with the owner/power of attorney and he actually wants out of the property business after having similar issues with many LLs.

I know a few LL who are lovely and look after their tennants and properties, sadly there is also many who don't.

SantasLittleMonkeyButler Tue 12-Jan-16 21:39:57

Your LL probably uses your rent money to put towards his care bill, so I can understand why his carer would say that to you.

However, as a tenant, you have a right to a reasonably well maintained home that doesn't make your DP ill to live in! Your LL (or his carer, if it's her responsibility) haven't facilitated that properly. If I were in the situation you describe, I'd be moving out the first chance I had too.

It sounds as though it may be time for your LL to sell the property if he needs income to pay for his care & is not fit & well enough to ensure his property is maintained as it should be for rental.

rockabella Tue 12-Jan-16 21:41:37

nottalotta We are on a rolling contract now the fixed term is over, have given 2 weeks notice via agent.

SantasLittleMonkeyButler Tue 12-Jan-16 21:42:23

If your LL's carer has obtained power of attorney, there is every chance that he does actually have dementia.

Not necessarily, but quite possibly.

AwakeCantSleep Tue 12-Jan-16 21:48:35

You are liable to pay rent during your full notice period. State of repair of the property doesn't have anything to do with it, except possibly if the property has been declared unfit for habitation by environmental health. (By the way, you can't just withhold rent for repairs either; there is a very strict procedure to follow.)

You are liable to pay according to the contract you signed, unless the landlord agrees to an early surrender of the tenancy, which doesn't seem to be the case here.

jellyfrizz Tue 12-Jan-16 21:53:48

From what you've said they could potentially bring you to the small claims court for 2 weeks rent. You could counterclaim for disrepair (for probably far more than the 2 weeks rent).

NewLife4Me Tue 12-Jan-16 21:56:02

Does the carer ever visit the property?
I'd be inclined to threaten them with environmental health if they say they'll pursue you.
I am still raging mad on your behalf and even told dh. grin
It's really not fair, all ll should be held accountable and it should be easier to get repairs and maintenance done.
So sorry for you, nobody should have to live in these conditions.

rockabella Tue 12-Jan-16 21:56:06

awakecantsleep

We with-held rent lawfully, and it was paid when issues were resolved, unfortunately by cowboys so the repairs didn't last for very long or were done properly, as carer refuses agents team of professional, insured workmen and sent her own, who didn't even have ID etc but being at the end of my tether I let them in to do the jobs anyway (foolish of me I know).

Nottalotta Tue 12-Jan-16 21:59:47

Ok so all you are required to do is give one months notice. And pay that months rent. I can't see them chasing up two weeks rent tbh.

They might try to withhold your deposit if you paid one. If they do, you can use the dispute resolution service, provide proof of the money you have spent on disrepair etc, it might go in your favour. LL aren't supposed to withhold deposits for rent arrears.

Yanbu btw. I'm just outlining the legalities

wowfudge Tue 12-Jan-16 22:01:30

I wouldn't normally condone not giving proper notice, but given the issues I don't blame you and it's two weeks short. If a landlord will not make necessary repairs, you can go to environmental health at the local council and they will serve a notice to repair on the landlord. If the landlord still doesn't act, then they can get the property repaired and charge the landlord for the work.

rockabella Tue 12-Jan-16 22:01:58

newlife4me

I've not had anyone come and look at the property except the agent. DP suggested environmental health so may need to look into this!

I've said in another post, my agent has a great team of workies, but carer has always hired someone else. If I knew this property would cause so many issues I would never have taken it on, it was in very clean, smart condition when I moved in, even agent has said you would never have known the underlying issues. We first realised something was up when the wall of the old chimney breast fell in as it had been cardboard covering the hole with a skim coat of plaster, also hiding a very live uncovered socket, I think that was the only time we ever had a proper repair within reasonable time done by a professional!!

I know not every LL is like this, I think I've just been unlucky!! No thread is long enough for the amount of problems here!!

caroldecker Tue 12-Jan-16 22:02:07

They will almost certainly be able to retain the 2 weeks missing notic from the deposit

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