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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
KindnessofStrangers · 10/09/2012 13:28

janey I was being flippant when I said he was 'thick' and as I've said throughout the thread I have done everything I can to be of assistance to a sale that has no benefit to me or my family, so I do object to your insinuation that I am somehow taking joy or have engendered a situtation in which I can be deliberately difficult because he has made a legal mistake.
Again I did read my contract but that does not help me in this situation at all. As other posters have said I do have rights but invoking these would create a lot of stress for us, I'm not someone who wants to be obstructive.
Just because something is 'legal' doesn't always make it 'right,' laws are challenged and changed all the time to reflect this and as I said earlier I have sent a letter to my MP in a hope improvements can be made. Unfortunately I can afford to just 'put it down to experience.'

OP posts:
Inertia · 10/09/2012 13:42

Unfortunately, if you and the landlord end up in a dispute then it could have long term knock on effects for you.

I think I'd be inclined to do what WhatYOuLookingAt suggests- explain to the landlord that you understand that he is legally correct in forcing payment for the lat two weeks. You will therefore continue to use the property until the end date, and expect the landlord to meet his obligations regarding your quiet enjoyment of the property. Visits from the new buyers, surveyors etc are not classed as emergencies, so they will have access once the tenancy ends. Though of course you are willing to make compromises on the inconvenience if he is prepared to make a financial compromise.

How's the deposit held?

KindnessofStrangers · 10/09/2012 13:45

inertia It's in a deposit scheme as we rented through quite a big agency initially. We pay rent to the agency but deal with LL direct for anything else.

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KindnessofStrangers · 10/09/2012 13:47

can not Blush

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ReallyTired · 10/09/2012 13:56

A landlord and a tenant relationship is a professional relationship rather than a friendship. There is no friendly way to end a tenancy. A decent landlord will dot the i's and cross the t's if they have to end a tenancy. That involves sending a section 21 letter. Emails can get lost and are not a professional way to communicate.

I feel that its awful demanding 6 weeks notice off a tenant. It shows how poor people are in such a weak position.

Inertia · 10/09/2012 15:08

So you've a reasonable chance that you'll get your deposit back? Will you get it back in time to pay the deposit on the new place, or is that covered? Guess that's another part of the problem?

Inertia · 10/09/2012 15:11

Sorry, very questiony there!

I think that the LL is hoping you'll move straight into the new house, so that you will have vacated his house while still paying rent on it. If they absolutely insist in sticking to the letter of the law about paying rent, then you are entirely justified in sticking to the letter of the law as a tenant. Don't do anything to breach the TA, but don't be accommodating and don't move out early unless they are willing to cut the rent accordingly.

KindnessofStrangers · 10/09/2012 17:36

Thank you everyone so far for your advice. They have come back to me and offered a compromise of reducing the months rent by £150, which means we would lose about £190 in doubling up the rent. This is obviously a big step from refusing to negotiate at all so I feel happy that they have at least tried to meet us half way. What do you think? Is this a fair compromise?
Does anyone have experience of negotiating a 'surrender of lease.' Is there a procedure to follow? Anything I need to make sure of?

OP posts:
QuintessentialShadows · 10/09/2012 18:43

It is better than nothing. We were only "let off" by ten days out of 6 weeks.

HissyByName · 10/09/2012 18:56

No chance.you could.move to.the new place early?

Can you camp.out.with.someone for.a.couple.of.weeks? There is no reason for you to be ut of pocket.

Explain to the LL the error of his ways.ans bring him up to.speed.with.what will happen if he chooses to play hard ball.

He's in a very weak position.

Inertia · 10/09/2012 19:10

Does he want you out 2 weeks early even though he is only giving you a partial refund ?

If he's letting you off the equivalent of say 6 days, then it would be fair enough for you to move out 6 days early - but in the intervening time he (and buyers, surveyors etc) should not expect access to the house except in emergencies.

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