Page 19 | To NOT leave rented house when I said I would?

WaitingForLifeToGetEasier · 2023-01-29T12:11:50+00:00

Been in current rented house for 9 years. Landlord is a company with 30+ properties. Tenancy is generally renewed every year as LL puts rent up. Last year, less than 6 months into our latest year long tenancy agreement, an estate agent contacted me out of the blue saying he'd been instructed to sell the property so I needed to agree to a time for them to value and take photos as well for viewings. I was shocked as LL has not said anything and it transpired that the letting agent has added a 6 month break clause into the tenancy agreement. There had never been one In previous agreements and I wasn't made aware. I made it clear i was not going to allow anyone in the property until the end of the agreement and if the landlord wanted to sell, I'd leave at that time. Tenancy is up in early March. I had expected to get a Section 21 in early January but nothing. We have been looking but properties are either not available anymore or agent doesn't get back to us so have not found a property yet. Rents seem to have gone up £3-400 a month which is going to be impossible. Not sure if LL is just expecting us to leave or what but I am not intending to leave in early March and will stay as long as possible - await section 21 etc. AIBU?

YetMoreNewBeginnings · 29/01/2023 19:43

2bazookas · 29/01/2023 19:35

If you refuse to leave then the LL can get a court judgement to evict you.

Then he'll refuse to give you a LL reference; any new Agent/LL will see your public court record , and the combination will make it very, very hard indeed to ever get another tenancy.

It would be far, far better for your own sake, to leave on time, get a good LL reference, and be able to show a long and blameless record as a tenant. THat makes you more attrartive to other agents and LLs.

The OP isn’t refusing to leave.

Shes refusing to abandon the property mid-tenancy…

RichardMarxisinnocent · 29/01/2023 19:44

deliciouschilli · 29/01/2023 19:40

"theobsinategirl" Landlords have legal challenges too. They have to be truthful when giving references or they could be sued. You are a tenant and giving your perspective but what you are trying to encourage the OP to do may not be in her or her families best interests. Hope all goes ok for you OP.

The OP is being advised to stay in her rented home, for which she has a valid tenancy, until the LL serves her with notice to leave.

TheObstinateHeadstrongGirl · 29/01/2023 19:44

OP I’m thinking you need to get in touch with Mystic Meg and ask her your leave date that your LL isn’t telling you. I mean anything else would be sacrilege and a LL could burn you at the stake and poke you in the eye. It says so on the Shelter website. Don’t want to get a bad reference do you??????

willithappen · 29/01/2023 19:45

I finished up working as an estate agent mid last year:

Being evicted or not leaving WONT affect credit rating. The credit references agencies get also are soft searches and only looking for bankruptcy or ccj's. The ones we did I never seen a score, it just came back bad if there was something dodgy in address history
Even late rent/arrears were not put on credit ratings

Without a section 21 you haven't been asked to move out so I'd be waiting for that. If it's through an agency they know exactly what they have to do so not serving it is either on them or they decided not to sell

YetMoreNewBeginnings · 29/01/2023 19:45

deliciouschilli · 29/01/2023 19:31

They don't legally have to give you a reference at all. If you had refused viewings and refused to move out at the end of your tenancy (resulting in me having to serve a section 21) then I would give you a negative reference (because it has to be factual).

How do you let your tenant know that you want them to leave if you don’t service them notice to do so?

You do realise that a negative reference saying “My tenant didn’t leave” when you hadn’t given notice wouldn’t be factual?

TheObstinateHeadstrongGirl · 29/01/2023 19:45

WaitingForLifeToGetEasier · 29/01/2023 19:41

So you'd give a negative reference to a tenant of 9 years who'd paid rent on time without fail, looked after your property and left it in excellent condition despite you not doing the minimum required maintenance on the property?Therefore making sure that tenant couldn't find a property to move into so they couldn't move out of your property and you'd have to spend time and money getting bailiffs in?

😂 Not got much sense have you?

Show quote history

Well they wouldn’t because they aren’t a landlord.

NumberTheory · 29/01/2023 19:45

deliciouschilli · 29/01/2023 19:31

They don't legally have to give you a reference at all. If you had refused viewings and refused to move out at the end of your tenancy (resulting in me having to serve a section 21) then I would give you a negative reference (because it has to be factual).

In the circumstances you describe, what would you right in your reference that would be both truthful and factual?

Because if you state that the tenant was in the property for 9 years and didn’t move out until you served a section 21, I think OP would be fine with that and any Landlord that thought that was a negative reference would probably be best avoided.

bumbledeedum · 29/01/2023 19:46

Why did you bother posting this thread? You clearly don't think you're being unreasonable so why ask.

TheObstinateHeadstrongGirl · 29/01/2023 19:46

deliciouschilli · 29/01/2023 19:42

"Richard" Because of the Break Clause.

Richard who???

Richard III? I hear he was behind on his arrears in that car park. Is that what you mean?

PS what do you mean about the break clause.

YetMoreNewBeginnings · 29/01/2023 19:47

deliciouschilli · 29/01/2023 19:40

"theobsinategirl" Landlords have legal challenges too. They have to be truthful when giving references or they could be sued. You are a tenant and giving your perspective but what you are trying to encourage the OP to do may not be in her or her families best interests. Hope all goes ok for you OP.

They do have to be truthful.

So stating a tenant refused to leave when no notice had been given wouldn’t be truthful…

What you are trying to encourage the tenant to do may give her a bad reference - abandoning a property with no notice to the LL may very well incur a bad reference

TheObstinateHeadstrongGirl · 29/01/2023 19:47

bumbledeedum · 29/01/2023 19:46

Why did you bother posting this thread? You clearly don't think you're being unreasonable so why ask.

Well OP ISN’T being unreasonable because she hasn’t been asked to leave

TheObstinateHeadstrongGirl · 29/01/2023 19:50

This thread is like the cancel the cheque thread. Except people think that watching 2 episodes of Nightmare Tenants Slum Landlords qualifies them as a property solicitor

poormanspombears · 29/01/2023 19:50

As someone who has been through the eviction process, I don't recommend it if you have other options. Temporary housing is AWFUL.
If you have the opportunity to privately rent before it comes to eviction then take it. As someone has said, the section 21 process is there for landlords AND tenants. If they're sensible, they'll have good insurance to support them with the cost of this process.

There are some people who use this as an opportunity into social housing, but it sounds like you're trying to leave without being evicted.

TheObstinateHeadstrongGirl · 29/01/2023 19:51

it sounds like you're trying to leave without being evicted.

Really? It sounds like OP is trying to stay and no one has asked her to leave.

NumberTheory · 29/01/2023 19:51

bumbledeedum · 29/01/2023 19:46

Why did you bother posting this thread? You clearly don't think you're being unreasonable so why ask.

I think initially OP was wondering about whether she should inconvenience herself to try and find a new rental at the end of the term of her current contract because she had sort of said she would way back in August.

But the batshit replies have made her realised that the law provides protections for people who are renting their primary residence and it’s not unreasonable to rely on them.

Patineur · 29/01/2023 19:53

Led92 · 29/01/2023 17:14

OP I would check with shelter, maybe the way the agreement is written they can enforce you to leave at the date of the break?
If they have emails with you not allowing viewings but saying you’ll go in March that might be proof enough they’re enforcing the break clause?
All sounds very messy. If you plan to rent in the same location I would also be making plans to move, presumably the estate agents will get the commission from the sale and be annoyed it’s all delayed… so they might give a heads up you’ve been difficult to other letting agents then you might really struggle to find somewhere.

None of that would work. The landlord has to serve that s21 notice.

NumberTheory · 29/01/2023 19:55

YetMoreNewBeginnings · 29/01/2023 19:47

They do have to be truthful.

So stating a tenant refused to leave when no notice had been given wouldn’t be truthful…

What you are trying to encourage the tenant to do may give her a bad reference - abandoning a property with no notice to the LL may very well incur a bad reference

Show quote history

That would be an untruthful reference then. OP hasn’t refused to leave. She hasn’t been asked to leave. That’s her whole AIBU. She’s wondering whether she should leave at the end of the tenancy agreement even though she hasn’t been asked to.

poormanspombears · 29/01/2023 19:55

@TheObstinateHeadstrongGirl yeah, she's looking into private rentals and not everyone's salary has increased in line with the cost of living crisis.
Lucky you if you have an extra £400 a month to spend on rent, but not everyone is that fortunate.

afinishedkiss · 29/01/2023 20:01

So you'd give a negative reference to a tenant of 9 years who'd paid rent on time without fail, looked after your property and left it in excellent condition despite you not doing the minimum required maintenance on the property?Therefore making sure that tenant couldn't find a property to move into so they couldn't move out of your property and you'd have to spend time and money getting bailiffs in?

😂 Not got much sense have you?

But who loses out more here??? It’s not the landlord! Bailiffs WILL come eventually and no other landlord will touch you. I wouldn’t be laughing!

TheObstinateHeadstrongGirl · 29/01/2023 20:02

@afinishedkiss why would the balliffs come??? OP hasn’t even been served notice.

Patineur · 29/01/2023 20:03

deliciouschilli · 29/01/2023 19:31

They don't legally have to give you a reference at all. If you had refused viewings and refused to move out at the end of your tenancy (resulting in me having to serve a section 21) then I would give you a negative reference (because it has to be factual).

That would be quite silly of you if it meant that there was even more delay before the tenant moved out. You could give a totally factual reference saying OP had been a tenant from X date, she had always paid her rent on time and kept the property in good order. Having a hissy fit because the OP asked you to comply with the law would just make you look petulant.

TheObstinateHeadstrongGirl · 29/01/2023 20:06

Thankfully I think (hope) @deliciouschilli is just pretending to be a LL.

Though it wouldn’t surprise me, so many no have grasp of basic rights

Shelby2010 · 29/01/2023 20:08

Without all the discussion of right & wrong, it’s fairly obvious that you need to contact the agent & find out what is happening.

If the LL is still planning on selling, explain to the agent that you have been looking but (as they must know) it’s difficult to find anything. Ask them if either they or the LL have anything that is suitable. If they are able to help it would expedite the process of you moving - surely that’s in their best interests too?!

afinishedkiss · 29/01/2023 20:09

TheObstinateHeadstrongGirl · 29/01/2023 20:02

@afinishedkiss why would the balliffs come??? OP hasn’t even been served notice.

I obviously wouldn't make the LL evict me (i.e bailiffs) if I am able to secure another property

When and if notice is served OP will not move out is she hasn’t found another suitable property so they will come… eventually.

deliciouschilli · 29/01/2023 20:10

Most (almost all) tenants leave when their contract expires. You had a twelve month contract.
If you do not leave when your contract is up or has been renewed or you will be refusing to leave and therefore be issued with a section 21 notice to leave. Which will go through the courts and result in Eviction proceedings if you haven't left after 2 months.
It sounds like your landlord is a business with lots of propertys. His business has a duty to inform other landlords re: a reference. What is included in the reference has to be factual and he should not leave out anything that could effect the new tenancy.
I would include the fact that you refused entry to estate agents and that a section 21 had to be issued. Just facts.