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Original poster

Landlords/Giving notice - Help for my mum

67 replies

Greenkit · 29/06/2015 22:55

I will start by saying sorry...I have started the thread in here as I know there are loads of people who read here and I need help quick.. Blush

My mum is 73yrs old and lives in a one bed, one lounge/kitchen, bathroom hovel flat. To gain access she has to climb a number of stairs, there are 4 different flats in the block old shop with various different tenants or varying ages. Mum has been there 2yrs.

In Feb 15 she put her name on the council list, in the slim hope of getting a small bungalow, somewhere she can finally call home and relax.

She has been short listed and a bungalow has come up, the housing lady came to see mum today and filled in a form, after which she took mum and I to the bungalow to have a look around. I have never seen mum so happy, the lady said, subject to refs, she could have the keys this Wed and the tenancy would start on Monday 6th.

She was told she was 'in the running' on 19th June, the day before she was due to go on holiday, she was also due to pay her rent that day, so on my advice we left a note saying mum had possibly been offered a place and would be leaving and left two weeks rent instead of a full month. This was picked up and a receipt left.

Today mum has rang the landlord and he is demanding she give a months notice (as he cant afford to not have tenants in two of his properties) we have read her tenancy agreement and it was a contract for 6months, she has been there two years, the landlord can give her two weeks notice, but she has to give a month.

She was never asked to pay a deposit and has to pay her rent via cheques as the landlord refuses to give mum his bank details..

So can she say that letter was two weeks notice and leave on Monday??

OP posts:
specialsubject · 30/06/2015 13:44

with no deposit he can't claim for any damage, real or otherwise. Don't worry about it.

he sounds silly and naive. He's had a property wrecked and now he knows the meaning of hassle.

he should have the right insurances, take deposits and protect them. He should also have a business plan that recognises that tenants leave and voids happen.

doesn't sound like he's done anything wrong; the illegal bits of his contract are simply unenforceable. But he's on a route to disaster and your mum is well out of it.

youareallbonkers · 30/06/2015 13:45

Why is lack of cooker and fire doors relevant ?

specialsubject · 30/06/2015 13:47

fire doors are not relevant as it appears not to be an HMO.

lack of cooker is presumably how it was rented? If there was one provided and it failed, then that is different and the landlord needs to replace it.

Gabilan · 30/06/2015 13:59

You could try talking to Shelter. They are very good with advice. On the whole, always make sure you have an evidence trail showing what you want it to show. So give notice properly and keep a record of it.

If you/ your mum can possibly afford it, I would just pay double rent for a while. It's a pita even if you can afford it but it quite often happens when moving.

flamingoland · 30/06/2015 16:20

work out the amount owed til she leaves and leave that on the kitchen worktop. Do all the ringing and correspondence for her. Like it will go to court!

specialsubject · 30/06/2015 17:07

...or she could try negotiation and perhaps paying for an ad or two to find a new tenant.

but she's on a month's notice, that's the law. if the landlord had tried to get her to leave at two weeks' notice I'd be the first to tell you to challenge/ignore. But it works both ways.

it's not relevant that the landlord is annoyed. It is a matter of the law.

she may just get sued for two weeks' rent. I can't see that the landlord has done anything which prevents him from doing that.

DoughDoe · 30/06/2015 17:28

if she gets sued so be it. It's nothing to be scared

DoughDoe · 30/06/2015 17:29

of

MammaTJ · 30/06/2015 19:19

leaving them without any rent coming in from two of the properties

But she is only responsible for leaving them without rent on one property.

cuddybridge · 30/06/2015 21:58

If she wants Housing Benefit to pay an overlap it is very important that she moves in to her new place as soon as possible as they will only pay the overlap from the date she moves in, not the date she takes the tenancy.

Original poster
Greenkit · 30/06/2015 22:52

The flat did have a cooker but it was one of those small belling ones, sat on a trolley, it wasn't stable.

I didn't know about fire doors, the LL keeps going on that they are, but they are not.

LL now wants another two weeks as he said notice was only given yesterday when he spoke to mum. The letter said she had possibly been given a place, so he said that wasn't notice. It doesn't matter I guess as the council will cover the cross over.

I have changed most of the utilises to the new address and ordered and paid for a cooker and washing machine, plus plates, cutlery etc as she has only ever has second hand.

Thank you to everyone who replied

OP posts:
PiperChapstick · 01/07/2015 00:39

I'm a landlord and she would have to formally give a months notice in writing. I know it's tough but it's there to protect everyone. I've had tenants say before they're "thinking" of moving out, then a text 3 weeks later saying "found a place can move in next week so will pay rent for a week" as they believe a comment in passing was handing in their notice Hmm

There has to be clear and legal clarity. It's only fair to him to let him prepare for a new tenant or to prepare for a reduced income

specialsubject · 01/07/2015 11:44

a month's notice in writing from the tenant is the law. Make sure that has been given.

the cooker was as seen when she decided to rent it.

the fire doors are not a legal requirement unless it is an HMO.

the landlord doesn't seem to know his business very well, but as mentioned I can't see anything that he has actually done wrong.

Fizzielove · 01/07/2015 12:40

If she has moved out - and he's not declaring the income - what are the chances of him chasing her for the remainder? Really? (although personally I would pay it cos it's only right and fair!)

specialsubject · 01/07/2015 13:08

she should pay it because she is legally bound to do so.

zoobaby · 01/07/2015 14:31

Brilliant news that your mum has the bungalow! Hope she's happy there.

DoughDoe · 01/07/2015 23:49

"she should pay it because she is legally bound to do so."

bollocks, the landlord tried to take advantage by putting in an illegal 2 week notice period, so why should she comply?

She has given the notice, so just pay the 2 weeks.

LilyKiwi · 02/07/2015 10:22

If she had the bungalow and all documents are signed so it's secure, I would leave having given the 2 seems rent. His operation sounds illegal so I think he would be hard pressed to fight her for it legally. Would he have her new address? Congrats to your mum on her new home!

specialsubject · 02/07/2015 10:47

bollocks indeed. The 2 week landlord to tenant notice in the contract was illegal and would have been overriden by the law had it been tried.

the 1 month tenant to landlord is the law (and also cannot be overridden by anything in a contract)

you don't get to pick and choose the bits of the law you want to be enforced. This landlord has not actually done anything wrong, although he is incompetent and not well informed.

TheHouseOnBellSt · 02/07/2015 10:55

I am so glad your Mum has got a bungalow. Flowers I hope she's very happy there.x

MatildaTheCat · 02/07/2015 12:13

Wishing your mum a very happy life in her new place.Flowers

RB68 · 02/07/2015 12:41

I would go with pay it and go, really Mum doesn't need the hassle and grief and clearly doesn't want to leave with bad feeling, they can't deduct from deposit as there is none, she needs to take photos of the place before leaving (or you can - digital is fine) and just leave for her new happy bungalow life. The contract originally is irrelevant, so its now a statutory one and a months notice in writing required so she should get that done asap.

DoughDoe · 02/07/2015 14:05

"you don't get to pick and choose the bits of the law you want to be enforced"

Um, yes you do. Enforcing the law is not compulsory.

specialsubject · 03/07/2015 09:47

wow. Glad I don't know you in person as obviously you think none of the rules apply to you. And if you were burgled, would you choose not to enforce the law?

if the OPs mum leaves owing rent, the landlord could indeed enforce the law by sueing. Similarly if the landlord had tried to evict her at two weeks' notice, she could have enforced the law on him.

boring old facts. I know they ruin the fun of whining landlord-hate, but that doesn't change them.

DoughDoe · 03/07/2015 22:36

I know you shill for landlords 24/7, but it's basic common sense that the law is not enforced consistently.

E.g., if I was growing weed and my stash got nicked, I wouldn't call the police. Likewise if I am a dodgy landlord then I'm not necessarily going to go take people to court.

The landlord can take them to court, that doesn't mean that he will. It's something that you size up.

Personally speaking if I was dealing with a slumlord I wouldn't be inclined to make things particularly easy for him. If he's nice to me, then it's a different story.