Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

or is landlord? Please help

56 replies

DotheShakeNVac · 04/01/2011 21:18

We have had loads of problems with the house that we live in, the landlord refuses to do anything about it so he suggested we find somewhere else to live. He advised that we can give notice once the rent is upto date.

we got the rent upto date and gave notice on the 22nd december. Both in writing and by email. We want to move out ASAP as the house is a nightmare and costing a fortune to run. so we suggested to the landlord that he lets us move out on the 15th january and we pay him upto the 22nd by letting him keep some of the deposit.

He had tonight emailed me back saying he is writing me a letter and copying in his solicitor, he says he feels like hilding us to the whole of the tenancy agreement and that he has never had so much trouble. So i phoned him on his mobile (from the UK to FRANCE) tofind out why he had reacted this way. he didnt explain himself apart from shouting at me saying to move out on the 15th and were not getting our deposit back and basically saying i am trouble!

I have no idea where this came from. he refused to get work done and so told us to find somewhere else. now he is saying we wont get our deposit and he is going to sue for the full tenancy?

The deposit isnt in a scheme. and there is no EPC for the house..

Please someone help?????

OP posts:
LIZS · 05/01/2011 21:09

but Heroine the op has a 6 month AST lease until April - so ll could claim 3 months' rent. OP also gave notice after a payment date (22nd December not 15th ) so it could be deemed to take effect from 15th January for 15th February .

Thelastnameleft · 05/01/2011 21:10

Nat, its a bit of a long story but Ill try and cut it short.

I caught my ex LL letting herself into my house when she thought I wasnt in, so decided that I wasnt going to sign up for another six month agreement (it was due within the week)

Following this I ignored her calls and texts to sign so she and her husband decided to intimidate me by calling at the house every night banging loudly on the door. The they posted a hand written notice giving me one month to get out.

At this stage I sought legal advice. Apparently as I had been living there over a year I wasnt required to sign a contract every six months (as they told me) and I was on a rolling tenancy.

They also got legal advice, but their solicitor screwed up the two month notice as he got thhe dates wrong, so I ended up staying there for over 6 months before I left. I had a defamation notice thrown at me in this time too (from same solicitor) and numerous harassment issues (but never quite enough to sue them for it sadly)

This is why I know about two months notice. Was a bloody nightmare overall.

Heroine · 05/01/2011 21:21

sorry i think the law might have changes slightly, but it is common to have a clause that allows one month notice - anyway I think landlord acceptance as you describe would be accepted as a mutual termination of the contract -

Firawla · 05/01/2011 21:23

if the deposit is not in a scheme i remember reading that they have to pay you back the lot plus some kind of compensation as its a legal requirement, remember reading this info as we had to use the deposit protection scheme to get most of ours back from a previous dishonest landlady
sorry if has been mentioned already not read the whole thread

LIZS · 05/01/2011 21:24

AST can have a clause for one month but that has to be specified in the agreement. The standard is 2 on ll and 1 on tenant unless stated otherwise. It changed several years back to protect tenants' rights.

LIZS · 05/01/2011 21:29

Info from Shelter. OP's sounds like a fixed term (6 month) not periodic tenancy which may explain the apparently contradictory posts below.

New posts on this thread. Refresh page