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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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..

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 · 03/07/2015 22:43

I earn a living as a landlord.

I am always telling tenants here with crap landlords what their rights are, and to take them up. The landlord of the woman on this thread has done nothing wrong. The woman is obliged to pay what she owes.

'shill'?

Go read some of the threads about crooked tenants. Go see landlordzone where landlords will jump on bad landlords.

I'm bored with the half-arsed anti-landlord whining.

Purplepoodle · 03/07/2015 22:49

Pay the month, she didn't give formal notice.

DoughDoe · 03/07/2015 23:54

She's not obliged until the landlord takes her to court.

LassUnparalleled · 04/07/2015 02:18

specialsubject is spot on re the legality. Tenants have to comply with notice periods too.

The landlord however is unlikely to raise a court action to recover the shortfall.

A self contained 1 bedroom flat does not need fire doors although in Scotland (and probably England) it should have a smoke alarm.

LassUnparalleled · 04/07/2015 02:20

She's not obliged until the landlord takes her to court.
She is "obliged" to. If she doesn't pay the landlord has to go to court to enforce the obligation.

Icimoi · 04/07/2015 09:23

She's not obliged until the landlord takes her to court.

She is obliged, and if the landlord had to take her to court to enforce that, she would end up paying costs and, probably, interest.

Original poster

Greenkit · 05/07/2015 10:13

Ok, Mum has now paid the two weeks she gave notice and the extra two weeks, so a month, But LL has said that he didnt think the letter was formal notice as it didnt say 'I am leaving' so wanted another 2 weeks (Which thankfully the council will pay)

Mums new contract for the bungalow starts on Monday so she is hoping to be moved in then, cheeky LL asked for the keys back then, but I have told mum no, dont give the keys back until the very end of the tenancy.

OP posts:

Original poster

Greenkit · 05/07/2015 10:43

She is very happy in her new ploace, I have been painting like mad to get it ready for her. Thank you for the kind thoughts

OP posts:

specialsubject · 05/07/2015 14:14

thanks for update. Notice tenant to landlord is a month if rent is paid monthly, and expires on the day rent is normally paid.

but equally the tenant has the use of the property until they stop paying, which is on that last rent payment day! The landlord has no right to the keys back before then and no right of access before then. The tenancy continues to that date whether she is living there or not. If he wanted earlier access then he should have negotiated a reduced payment.

don't forget to take final meter readings on that last day, inform council tax dept of address change (don't assume the two departments will talk to each other) and so on.

this landlord is an ignorant amateur and will get burnt. In fact the other tenants who wrecked the place are already doing that.

wishing your mum all the best in the new place.

Original poster

Greenkit · 05/07/2015 15:17

Thank you Special I wasnt sure about the notice, but I am sure about him not getting the keys back until the last second. Nor will he be letting people look around or decorate.

OP posts:

specialsubject · 05/07/2015 15:58

you've got it. Might be worth reminding him of the tenant's right to 'quiet enjoyment' which applies to the end of the tenancy whether they are there or not.

he cannot go in without the tenant's permission unless it is an emergency. Neither viewings nor decorating are.

you would actually be within your rights to change the locks, keeping the old locks and putting them back on leaving, making good any damage. But I don't think that is really worth the effort/expense!

londonrach · 05/07/2015 16:07

I think legally she has to give and pay one month notice and the landlord has to give her two months notice if shes on a rolling contract. However if shes on a weekly contract as a room rent surely one week notice. I suggest she contacts cab.

londonrach · 05/07/2015 16:08

Seen update. Remember you dont have to give access to viewings.

Original poster

Greenkit · 06/07/2015 20:10

She rang me today to say she remembers paying a month rent in advance, so she should have that coming back?

She has all the receipts

OP posts:

RB68 · 06/07/2015 20:17

That is in effect a deposit - copy the paperwork and let the Landlord having it asap and let them know what you are expecting. DO not forget to photo the place before leaving and if possible have a march out ie they inspect the place with you present as you are leaving/handing keys over and agree any issues there and then

specialsubject · 06/07/2015 20:17

It should work; she moves in and pays in advance for that month, and so on. Then her last payment should have been on the day she gave notice, covering the last month (whether she was there or not).

the day the tenancy ends would have been the day the next rent was due - but it isn't because the tenancy is over, she's left and returned the keys.

specialsubject · 06/07/2015 20:30

if it was a deposit and it wasn't protected...well, you know the rest!

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