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Original poster

Help regarding leaving rented flat

43 replies

somepeople2013 · 08/04/2013 09:20

Hi....
I posted this on chat aswell but hoping someone here could help

I need a bit of help really. I privately rent a 1 bed flat through an agency. I have just been made redundant due to the small company I work for going under. I have been informed that there is no money left in the company so will not be getting paid this month let alone get redundancy pay (going to cab to see if this is legal)

My question is this: I currently do not have a tenancy agreement (they emailed for me to come in and sign back in feb when it expired. I said I would come in and sign for another 6 months but due to going through a stessfull time I completely forgot and have not heard anything since) my only option I feel is to email today giving them notice that I will leave the flat on 16th May and to keep the deposit (deposit is £675 and monthly rent £590) as payment for last month's rent.

Is this out of order? Im so stressed about what to do but surely that's the best option?

I know I said over the phone I would stay for 6 months but im giving 5 weeks notice and saying they can keep the deposit.

Somebody please help!

OP posts:

Original poster

somepeople2013 · 08/04/2013 18:04

I can't leave until next month.....my cousin currently lives with my mum and dad and isnt leaving until the end of may/beginning of June (depending when she finishes uni. As it stands its going to be a tight squeeze until she leaves.

Every time I think I've found a solution there just seems to be something in the way. was due to be getting paid on the 10th but not happening now. no money in my account, no food and cant borrow any off my parents because there on holiday.

I have an appointment with cab tomorrow so fingers crossed that will go well. went to the job centre today and was told 8 weeks til I get any money. just can't believe this is happening.

Just need to stay positive I suppose and stop feeling sorry for myself.

Thank you all so much for your advice. it has really helped

OP posts:

RenterNomad · 08/04/2013 18:30

You mentioned a boyfriend. Are you still together and could you stay with his parents?

CajaDeLaMemoria · 08/04/2013 18:34

Could you go home until your parents come back?

Leaving before the 17th really is the best option, and will minimise chances of your dad being taken to court.

It might be a tight squeeze but if you can find a sofa or something for a month, you will be in a much better position for it.

I am very sorry that this has happened. Living without money or income is so tough.

Original poster

somepeople2013 · 08/04/2013 18:50

boyfriend doesn't speak to his mum and never met his dad (whole other story there!) so we're both going to my parents note the tight squeeze!!

I would need to ask my parents if we could move in sooner...but like I said their on holiday and don't want to stress them or worry them while their away.

Do you reckon it's likely they will take my dad to court?

OP posts:

Original poster

somepeople2013 · 08/04/2013 18:55

My boyfriend has no money either due to job centre saying that he wasn't entitled to jsa as I was working. Obviously now we both are entitled but will take ages for claim to come through.

Hate that were in this position..both worked since we were 16 and now this and my supposed friend just text saying how lucky I am getting getting paid to do nothing and how it's not fair that im getting her taxes. Wtf. Sat here crying now. Made me feel like scum.

OP posts:

RenterNomad · 08/04/2013 18:59

Your friend's comment belongs under the heading of "scum", not to mention stupidity. Does she know you're not actually being paid?!

LIZS · 08/04/2013 19:04

Have neither of you worked for very long , although you say you have since 16? Presumably he was turned down for contributions-based JSA as his NI record wasn't sufficient and your income was too high for means tested. I'm wondering how much , if any redundancy either of you are entitled to anyway and if under 25 HB is unlikely to really help much. One month's rent is only a small claims court amount so if your dad could sub you on return from holiday that may tied you over until deposit comes back.

Original poster

somepeople2013 · 08/04/2013 19:05

According to her I will get paid...m. out of her taxes. I just feel like I need some support and got no one atm. Boyfriend has gone to help his friend move (only went cause his mate said hed chuck him a tenner for helping and we need the money cause have no food in the flat) parents are on holiday and my friend says that.

Sorry to go on and be so pathetic but feel like here is all ive got atm.

OP posts:

Original poster

somepeople2013 · 08/04/2013 19:11

He worked for comet for just under a year. And had other jobs prior to that (was a labourer for 5 years before) the woman he spoke to at job centre said that where I was earning enough for both of us to survive on his claim would be unsuccessful as we lived together. But when we went today to do a joint claim were told that he should of been claiming

I worked for this company for 15 months but before that was a secretary for a different company since leaving college (worked part time before).

OP posts:

CajaDeLaMemoria · 08/04/2013 19:11

Is your boyfriend on your tenancy? Where does he live?

I wouldn't worry about your friend...that's a typically horrid view, and it's not something to worry about right now. I know it will have hurt, but she's showed her true colours...

I know you don't want to worry your parents, but can you speak to them?

I really, really think the best thing you can do is to leave ASAP...certainly this week. Explain the issue to the agency and landlord once you've gone, and pay them the owed rent when you get the deposit back (it should take around 10 days or so if no disputes are necessary). That's not long enough to take you to court, and you won't be in the property, so it'll be the most comfortable way of doing this.

If leaving really isn't at all possible, it's probably back to trying to think up how you can pay the rent, because you won't want to live somewhere where the rent is owing. You only have around 2 weeks to make the money, so it'd have to be selling things very quickly, or borrowing it from someone, and that's stressful on it's own, so I think finding somewhere to stay on a temporary basis really is the best idea.

LIZS · 08/04/2013 19:19

So bf wouldn't have got redundancy pay , just the standard notice. What are you likely to be due? Essentially you will be liable for the rent up to the expiry of notice but should they re-let in the interim you may only have to pay until that point. It is therefore in your interest to ask them to market it asap. Don't forget there will also be closing utility and council tax bills to pay which you cannot ignore.

AliceWChild · 08/04/2013 19:32

Somepeople that's a really nasty thing for your friend to say. The benefits system is there to help people like you, and there are plenty of people who are proud it exists. If it helps I pay plenty of taxes and you are very welcome to them to help you out of this situation. Hers are paying for David Cameron's salary

higgle · 08/04/2013 19:36

You will get your redundancy pay ( or part of it) eventually as if the company is bust and can't pay the state chips in - ask CAB for more dettail on this.

Misty9 · 08/04/2013 20:02

You poor thing, you sound like a lovely person in really unlucky circumstances - and hopefully the landlord/agency will recognise that. If you really run out of food and have no money, don't forget food banks can help. Whereabouts are you?

Sunnyshores · 08/04/2013 20:07

I am a Landlord and I can virtually guarantee you and your father will not be taken to court. It takes about 6 weeks and costs several hundred pounds to take a tenant to court. The landlord will not do it. I doubt if you will even get a phonecall or a letter about it.

What you need to do is tell the agent the truth and hand in your notice NOW before you owe another months rent too.

Believe me, many tenants have absoleutely no problem telling landlords they cant pay the rent.... because its Xmas, because they're going on holiday, because their car needed repairs, all sorts of crap reasons. You have a valid reason, its a shame the landlord will have to wait 6 weeks for his rent, but at least he'll get it and he should be understanding.

This is one thing you can sort out and that is in your control, do it NOW and you will feel better and be able to concentrate on other things.

RenterNomad · 08/04/2013 20:42

I would hate to think I had been enjoying a holiday and my DD didn't want to bother me... Losi g your job and home isn't some trivial thing, nor the result of irresponsibility!

CautionaryWhale · 08/04/2013 21:20

Hi there OP

I wouldn't take you to court either. You haven't signed up for another six months so although I would be disappointed I would not be pursuing your dad for a verbal unsigned contract.

If you were giving me written notice this week for one month's notice to May 16th, provided you were already up to date and only owed me April to May and provided the flat was left clean with no damage other than wear or tear I would have no problem accepting the rent late from the deposit either (but legally as it is held and needs to be released with no appeals on either side it isn't as cut and dried as that BUT I would be prepared to wait)

I would really appreciate that you had been so honest about the situation and I would be really grateful you were not staying put in arrears awaiting eviction/court time.

I think all I would want to do meantime is be allowed one quick visit to ensure the deposit would not be needed for repairs and - if you were agreeable - I would want viewings/advertising straight away from April to May i.e. whilst you are still there but only because I would have been banking on having you there til July and I have to find a new tenant asap to avoid an empty property.

By being given reassurance re state of property and by being allowed access for viewings I personally would consider the deposit being used as later rent as my compromise on the whole thing but I would also consider myself lucky I wasn't being screwed over full stop.

I hope your LL is like me. I would be really surprised if you faced further hassle but I do strongly suggest you do a formal written notice and maybe a personal visit/email to the agency/LL explaining the situation as you have here.

CautionaryWhale · 08/04/2013 21:26

What I meant by the penultimate paragraph is that you do not have to accept viewings by future tenants and you could hold up access for an inspection/inventory if you were being awkward.

By granting me those two 'favours' I would consider the rent being delayed as my return favour iyswim

But I am a nice LL!!

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