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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To not move out of my rented house?

28 replies

lalalalalullaby · 18/05/2023 11:07

Moved into a rented house during divorce, near to corner home, kids schools etc.
Had to pay a year upfront as I don't earn a fortune.
It was only meant to be for a year, til the marital home was sold.
Five months in and landlord has evicted me, not for any wrongdoing but because he needs to complete some extensive work on the property before it can be sold, which he can't do with me living there. I have since discovered that the managing agent gave him all the money upfront, and whatever is due back to me will come from him.
The only problem I have is that I have since discovered the landlord is generally quite untrustworthy, has 'borrowed' money from neighbours and never returned it.
I have, at great effort and expense, found a different place to live, although further away.
Can I refuse to move out until he pays me what I am owed? The 'managing' agents have effectively washed their hands of it and I am at a bit of a loss as to what to do

OP posts:
Murpe · 18/05/2023 11:15

If you paid a year up front, what does your contract say about the tenancy you've signed for, that means you can be evicted after a year - is there a six-month break in it?

Wishing4sunshine · 18/05/2023 11:17

You need to take proper advice on this, from citizens advice or legal advice. Do not let a landlord get away with screwing you over but make sure you're not doing anything wrong either. Check your contract and go from there.

BodegaSushi · 18/05/2023 11:19

Had to pay a year upfront as I don't earn a fortune.

Missing the point of the thread but how does that make sense? How can someone who doesn't earn a fortune come up with a YEAR'S rent?

Is this what the rental market has really become?

EmmaEmerald · 18/05/2023 11:19

OP maybe ask MN to move this to Legal Matters?

lalalalalullaby · 18/05/2023 11:31

BodegaSushi · 18/05/2023 11:19

Had to pay a year upfront as I don't earn a fortune.

Missing the point of the thread but how does that make sense? How can someone who doesn't earn a fortune come up with a YEAR'S rent?

Is this what the rental market has really become?

Indeed it has. It's grim out there. I borrowed the money, with a view to paying it back when the marital home was sold.
Just off to re-read the contract

OP posts:
Petra198 · 18/05/2023 11:35

Nope, stay put and hold your ground, youll move out when the forward paid rent is repaid and not before, He'd have to take you to court to evict you and the court will take a dim view if he owes you money and that's the block to you leaving. Sounds like hes dodgy because you'd just give the money back if you werent! Good luck

Catupatree123 · 18/05/2023 11:38

Contact shelter, they will be able to advise

caringcarer · 18/05/2023 11:41

If you.paid the money to the agent, then the agent has to reimburse you. The agent will have to get money back off LL.

ClaudiaWankleman · 18/05/2023 11:44

The agent owes you the money, and it should be paid back to you before you leave. Not only that, but I didn't think you could break 12 month leases before 6 months?

TwoBlueFish · 18/05/2023 11:44

You have a 12 month contract, is there actually a break clause? I’d contact Shelter for some advise.

VegetablesFightingToReclaimTheAubergieneEmoji · 18/05/2023 11:57

BodegaSushi · 18/05/2023 11:19

Had to pay a year upfront as I don't earn a fortune.

Missing the point of the thread but how does that make sense? How can someone who doesn't earn a fortune come up with a YEAR'S rent?

Is this what the rental market has really become?

they check for affordability, and if they deem it unaffordable you either have to pay upfront or prove you have savings etc.

Whatonearthisgoingonnnn · 18/05/2023 12:00

The agency owes you the money - that’s who your contract is with.

Whether they have paid the landlord in full or not is absolutely nothing to do with the equation here. They also owe you any additional security deposit payment you may have paid.

I too would stay put until it is resolved.

goinginsaneinthemembrane · 18/05/2023 12:38

BodegaSushi · 18/05/2023 11:19

Had to pay a year upfront as I don't earn a fortune.

Missing the point of the thread but how does that make sense? How can someone who doesn't earn a fortune come up with a YEAR'S rent?

Is this what the rental market has really become?

Yep, pretty much every property I've enquired about if you don't earn 2.5-3X the rent want a years rent upfront

manchestermom5 · 18/05/2023 12:47

I have never heard of anyone paying a year's rent upfront! Was it documented in the contract? Seek professional advice, don't move until you get your money back.

billy1966 · 18/05/2023 13:04

Whatonearthisgoingonnnn · 18/05/2023 12:00

The agency owes you the money - that’s who your contract is with.

Whether they have paid the landlord in full or not is absolutely nothing to do with the equation here. They also owe you any additional security deposit payment you may have paid.

I too would stay put until it is resolved.

This.

Contact Shelter too.

YetMoreNewBeginnings · 18/05/2023 13:06

Please contact shelter or your local housing rights and get proper advice that’s specific to where you are (assuming you are UK, but there are subtle differences depending on where).

MadeForThis · 18/05/2023 13:22

You have a years contract it's unlikely he can evict you before this.

Have you looked for alternative accommodation? Will it actually be possible to move?

If so I would ask for full payment of by rent before you move plus an amount for the inconvenience. At least 2 months rent.

Murpe · 18/05/2023 13:38

Sorry, realised I left the words "less than" out of my post. So it should have read, "that means you can be evicted after 'less than' a year".

Paying a year up-front is bad enough, but it seems especially wrong to have been made to pay for a year at the start, but not to benefit from the security of being freed from eviction concerns for that year.

Buxustrees · 20/05/2023 17:22

Hi Op, could you clarify your post? you stated that your landlord has evicted you but further down you stated “Can I refuse to move out until he pays me what I am owed?” Have you already been evicted by a court order or are still in situ at the property? Could you clarify the situation so we can help you further? X

MrsMoastyToasty · 20/05/2023 17:32

Is your depositing one of the deposit protection schemes?

Doggymummar · 20/05/2023 17:35

Buxustrees · 20/05/2023 17:22

Hi Op, could you clarify your post? you stated that your landlord has evicted you but further down you stated “Can I refuse to move out until he pays me what I am owed?” Have you already been evicted by a court order or are still in situ at the property? Could you clarify the situation so we can help you further? X

She means the landlord has given her notice I would think

lalalalalullaby · 21/05/2023 17:42

Buxustrees · 20/05/2023 17:22

Hi Op, could you clarify your post? you stated that your landlord has evicted you but further down you stated “Can I refuse to move out until he pays me what I am owed?” Have you already been evicted by a court order or are still in situ at the property? Could you clarify the situation so we can help you further? X

Sorry, the managing agent have given me notice on his behalf. The time is up now and I have to have over the keys. Interestingly, when I mentioned to the agent that I wouldn't move out until money was repaid, they have now changed their tune and said that the landlord will pay them, then they will pay me. But not confirmed how much is due back and they expect me to move out tomorrow. I will update you!

OP posts:
lalalalalullaby · 21/05/2023 17:42

MrsMoastyToasty · 20/05/2023 17:32

Is your depositing one of the deposit protection schemes?

Yes it is, but the rent paid up front is a separate issue altogether!

OP posts:
Londonnight · 21/05/2023 17:46

If you have paid a year up front and you are still within contract they cannot issue a section 21. They can at 10 months, but will still need to give 2 months notice.
As others have said contact Shelter or the housing section of your local council for proper advice.

Thinkwicebeforeyouleavemylife · 21/05/2023 17:47

op, what does your contract say? given you've paid a year upfront it would appear you signed a 12 month tenancy. Unless there's a break clause in there, your landlord cannot serve you with notice until that fixed period has ended.