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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU to expect to be able to pay landlord part rent?

86 replies

KindnessofStrangers · 09/09/2012 14:09

Myself, DD and DH are being evicted from our rented home as the landlord has sold the property. We have had a couple of months of stress with regards to moving and have had people come and view the house. Throughout this we have been extremely accommodating. We have now found somewhere to move to but need to move in mid month to get the property. We have asked the LL if we can give part payment of 20 days for that month so we are not doubling up on rents. This has given them six weeks notice but by law we would need to end the tenancy a day before rent is due so would by law owe a full month.
We have asked the LL to negotiate with us to come to an agreed fee but they have point blank refused and said they are surprised we would even ask this. They have said it is our 'choice' to move out mid-month, which seems a joke as they have evicted us.

We will lose about £350 if this happens. As the house has been sold the LL will recoup his 'loss' when the house is sold.

AIBU to expect them to at least negotiate with us and have some sympathy for a family they have removed from their home? I feel so frustrated I could cry.

OP posts:
Original poster
KindnessofStrangers · 09/09/2012 17:00

Toughas

We did ask for a reduction in rent by £100 but they refused point blank and again couldn't see why they would do this. I think half is extremely generous, if only we had you as a LL Grin

OP posts:
NoToast · 09/09/2012 17:34

I rent out my house and would let you pay part rent in this situation (and I'd be feeling v guilty). So I don't think you're being unreasonable.

inabeautifulplace · 09/09/2012 18:30

Just send them an email saying your house rental has fallen through and as they've not issued an eviction notice they you'll be exercising your legal right to stay in the property. See if they like them apples!

helenthemadex · 09/09/2012 19:04

I would go with the suggestion that you email and say that it wont be possible to pay two lots of rent so you will not now be moving, and point out how accommodating you have been with allowing people to look round

janey68 · 09/09/2012 19:19

Hmm I would be wary of taking some of the 'advice' on here. You'll need a reference for any future private rental- any LL worth their salt will want one from your immediate previous LL. so threatening to stay put wont help you in the long term.

I would ask politely, but ultimately if he won't shift on it, accept that he's acting within the law and check your tenancy agreement terms carefully next time

BerthaTheBogBurglar · 09/09/2012 19:25

Tell him you're shocked that he imagines you can afford to pay double rent. And as you can't afford it, you'll be staying, for a further two months from the date when you eventually receive an official notice to quit. And that's two months ending on a rent date, so probably nearly three months. Also during that time you will not be allowing anyone on the property - surveyors, potential buyers once the current one has cried off, etc. Unless he can see his way to letting you do that part-month payment of rent, of course.

If he does agree, get it in writing!

janey68 · 09/09/2012 19:31

Fgs some of the 'advice' on here is terrible! Check your tenancy agreement op. there will be a clause about having to allow reasonable access for viewings etc and providing the LL gives proper notice of needing to enter the property then you won't be doing yourself any favours by bein obstructive.

I can see that people think they're being very clever and 'helpful' because they feel sorry for you- but seriously op if you want to be able to rent in future you could be cutting off your nose to spite your face if you follow some of these suggestions.

Play it by the book. Its very annoying if your LL won't show a bit of human kindness- but it will come back to bite you if you play dirty

Original poster
KindnessofStrangers · 09/09/2012 19:32

janey I am sure most of the comments on here are made tongue-in-cheek but they have made me feel much better. A reference has already been given and approved for the property we are moving in to as we are good tenants.
Unfortunately I did read the contract, however the law offers no real protectection to private tenants. We are being forced to leave and our new properties landlord also has their own demands in terms of move in dates, so we are stuck in between.
I do also object to the idea that tenants must, 'put up and shut up' if they want a reference. I have bent over backwards to assist them with no benefit to myself and just ask for a little give in return.

OP posts:
WhatYouLookingAt · 09/09/2012 19:33

you tell them you'll kindly forget about their lack of proper procedure and paperwork if they will accomodate you moving out mid month. If not, well you might just have to do something about their errors.....

Original poster
KindnessofStrangers · 09/09/2012 19:34

janey LL's are by law allowed access for emergencies only, I would have been well within my rights to refuse access for viewings but as I've said above I wanted to be helpful and understand their need to sell.

OP posts:
AGoldenOrange · 09/09/2012 19:40

Doesn't matter what is written in the contract, the op has the legal right to refuse access to the house while she is there and paying rent.

I would email them and say that you are refusing any more visits.

janey68 · 09/09/2012 19:44

But if you stay put, you'll lose the house you're planning to move into so will need a reference from your current LL for the next place you get.

Because your LL will get you to move- you can be as obstructive as you like and make it costly and difficult but it's HIS house and eventually you'll get booted out with a very very shitty reference!!

ChunkyPickle · 09/09/2012 19:46

I don't think you do need a reference - I have none having lived abroad for the past 10 years, and they just needed a work reference to prove I can pay, not any kind of other reference (I suppose that might be different elsewhere?)

Janey - they absolutley aren't allowed 'reasonable access' just emergency access. Doesn't matter what it says in the contract, you can say no to people viewing the property if you want (of course you'll probably have your notice served, but then, op's had her notice served anyhow!)

Original poster
KindnessofStrangers · 09/09/2012 19:47

I didn't ever say I was staying put but paying double rent is going to be very difficult for us. I am not being obstructive, that is not my nature I am just asking for a little fairness so that we are not financially struggling.

OP posts:
Original poster
KindnessofStrangers · 09/09/2012 19:52

Ultimately I think the law needs to be reviewed, on both sides, to reflect the current rental climate.

OP posts:
Glitterknickaz · 09/09/2012 19:56

What Bertha et al said.
You can't possibly take the financial hit of 2 rents so you're going to have to stay as your new rental fell through.

They can of course evict you through the formal route. But it'll really hold up their sale won't it as the section 21 would have to be issued with 2 months notice from the next rent date so that realistically would take you to November... then they can't go to court to enforce it until that expires that could take weeks longer....

Plus the reference to new LL is already done. You've been more than accommodating to their house sale, and these would be the consequences of their inability to negotiate.

janey68 · 09/09/2012 19:57

Oh I totally get that op- and I said in my first post that if I were your LL I would totally let you off part of the rent!

I was just a little concerned at some of the really bad (though well meant) advice.

Suppose you did decide to stay put. Well- you would certainly lose the other house you want. It you played really dirty and stopped paying rent, then at some point you would be booted out- and the LL would no doubt to through the small claims court to recoup the money owing. Now, with a CCJ to your name youd be struggling to find somewhere to live, you'd struggle to take out any loans, raise a mortgage....
And I'm not sure about other Countries but as you know from your own experience op, in this country it's TOTALLY normal for any prospective tenant to have to provide references. Youd be up shit creek if you followed some of the advice on here

I really hope your LL sees sense, but I'm also glad you've got the sense to realise that not all the advice on MN is sensible or in your own interests

janey68 · 09/09/2012 19:59

Glitter- the reference to the new LL won't be worth anything - they will lose that house if they stay put!

Glitterknickaz · 09/09/2012 20:01

I'm not suggesting the OP actually does any of it, the LL needs reminding that they're only moving for his convenience!

BerthaTheBogBurglar · 09/09/2012 20:01

Oh, I wasn't suggesting that you should actually stay put, and lose your new house. I just meant you should threaten to do so, so that your LL realises that he could lose his buyer if you hang around for two and a half months and refuse access for a survey. Might make him feel more generous!

janey68 · 09/09/2012 20:03

It's not unreasonable for a LL to need to sell. Many LL nowadays are 'reluctant' LL- they only do it because they need to move for work etc and simply cannot afford to sell at a loss, so rent out for a few years until they can sell. People are making it sound as if hes selling his house simply to inconvenience the tenants. Hmm

Original poster
KindnessofStrangers · 09/09/2012 20:17

Bertha I got that from your posts, don't worry you won't have my families homelessness on your conscience Wink

janey Thank you for your concern, I'm glad to read all responses, as I geniunely wanted to know if I was BU. Our LL 's are outwardly pretty wealthy (aware this can be decieving) and both have financially rewarding jobs, they are not reluctant at all as bought this house with a view to let. I am not disputing their right to sell at all and as I've said we have done everything we can to facilitate a sale.

OP posts:
Toughasoldboots · 09/09/2012 20:19

This reply has been deleted

Message withdrawn at poster's request.

MidniteScribbler · 10/09/2012 04:28

If he won't let you off the rent, then immediately disallow any access to the property, and keep it that way until the day your rent ceases being paid, NOT the date you physically move out. If you're still paying rent on it, then you have the right to use it during that time.

hairytale · 10/09/2012 06:13

You haven't been evicted, you've been given notice. It would be really nice if he'd let you go early, but no, you have no right to be allowed to pay part rent and leave early.

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