Complicated problem - desperate for advice!

[saro87]

Hi everyone I have been searching the internet for hours looking for some information but with no luck. This is kind of a long s tory but il try n cover the main points best i can.

Ok so we were in a rented house rented through a letting agency. We then in November managed to buy our first home but we were still within the 12 month lease (whcih we didnt realise due to being misled by the agency) so liable to keep paying rent.

The letting agency said they would try to find a new tenant to limit the costs to us but then put the rent up. This put us in an awful situation we didnt have the money and we tried to ask the agemcy to take our security dpeosit as 1 months rent and relase us from the agreement as otherwsie we wouldnt be able to keep paying it without ending up homeless. We exlained this in writing and gave the keys back to them. They came on the day we moved out and inspected the property too at which point no major damage was found.

They at first agreed to take the deposit as the months rent and sent a request but when i asked for confimation in writing they then said theyw ouldnt take it and instead wanted the rent plus the full deposit for damages they had found at a later inspection (CAN THEY DO THIS?!!!) So we refused the depsoit claim, borrowed the rent money and paid it to them. They continued to send us nasty letters calling us liars about the condition of the house etc. They then reduced the rent and suddenly found a new tenant who is due to move in on the 11th of Janurary. They still havent sent any details about their claims on the deposit.

My main question is we have paid the rent up until the 3rd of January. The tenant moves in on the 11th of January. so im assuming we shall be charged also for that extra week. Plus the utilities. YET they are accessing the house without our permission? We drove past the house tonight and saw the lights on when we knocked the landlady was inside we hadnt been asked or informed of this yet arent they breaking the agreement? Are we still liable for rent if they are doing this?

Any advice would be welcome its such a mess and im so worred about the situation we are going to end up in!

[Kati]

Re: Complicated problem - desperate for advice!

:bump: for [MENTION=15129]Crazy council[/MENTION]

[Crazy council]

Re: Complicated problem - desperate for advice!

Hi

i would need to see a copy of the tenancy agreement ( with the personal details blocked out. )

In general

Damage to a property ( deposit )

The LL/Agent Has to identify it formaly to the tenant, and give them time to iether object or put right,

A LL CAN NOT take the deposit for a final months rent legaly, the deposit only come in play after the end of the tenancy ( did they have the deposit in a proper scheme )

When did you first give notice formal ( recorded or accepted ), how did they notify you about a rent increase ( and when did the increase start )

[Openlaw15]

Re: Complicated problem - desperate for advice!

Hi

i would need to see a copy of the tenancy agreement ( with the personal details blocked out. )

In general

Damage to a property ( deposit )

The LL/Agent Has to identify it formaly to the tenant, and give them time to iether object or put right,

"A LL CAN NOT take the deposit for a final months rent legaly, the deposit only come in play after the end of the tenancy ( did they have the deposit in a proper scheme )"

Crazy Council, are you herein referring to a legal authority by way of common law or statute?

When did you first give notice formal ( recorded or accepted ), how did they notify you about a rent increase ( and when did the increase start )

I am interested in it.

[saro87]

Re: Complicated problem - desperate for advice!

How do i upload pictures to show you the agreement??

We gave a months notice in writing on the 2nd of November and we also paid the rent for that month- we left on the 2nd of Dec.

We were not informed of any rent increase they first advertised the property at the price we were paying and there was lotsof interest and viewings then a few days later they increased it by £75 per month and the viewings stopped. It was only after we told them we couldnt afford to keep paying the costs that they then reduced the price of the rent on the advertisement.

For the deposit he came on the day we were moving out and he pointed out couple of things- a couple of nails where wed hung a apicture etc, we rectified these nothing major was pointed out. They then returned to the property after we had given them the keys back and supposedly found more faults- he says he invited us to this viewing but this was after hed sent us emails and letters calling us liars, bad people etc and with my wife being 5 months pregnant we did not want to meet him face to face. I felt like we were going to be intimidated for the rent. PLus hed already checked it in our presence once!

[leclerc]

Re: Complicated problem - desperate for advice!

Sara if you blank out the details you can scan it to your computer. Then use the "go Advanced" and you can quickly add text to a post say here is the agreement and then go into manage attachment and attach the file with the agreement onto the post(remember to wait for it to upload) then click submit reply.

Hope that technical wizadry did not confuse you

[Kati]

Re: Complicated problem - desperate for advice!

or ... scan and email it to me. I'll redact (if needed) and post up xx

[Crazy council]

Re: Complicated problem - desperate for advice!

The TC terms will be relevant in this.

Firstly, well done in buying a property,

YET they are accessing the house without our permission? We drove past the house tonight and saw the lights on when we knocked the landlady was inside we hadnt been asked or informed of this yet arent they breaking the agreement? Are we still liable for rent if they are doing this?

depends on the wording of the TC,

[Openlaw15]

Re: Complicated problem - desperate for advice!

The law now is that landlords cannot enter the property during the lease period however, you have since given them possession since you gave them the keys. You essentially brought the lease contract to an end.

About the damages issue....what type of damage was done. Were there any clauses stating that you would forfeit your deposit in the event of any property damage. Was there a value given?

[Crazy council]

Re: Complicated problem - desperate for advice!

hi

The law now is that landlords cannot enter the property during the lease period however,

,
during a tenancy, a landlord or appointed agent can enter a property, even if its occupied, by giving clear formal notice ( usualy at least 48 hours in writing ) for whatever reason they need

In the last part of a tenancy ( 2 months or 1 month, depending on how the tenancy is set up ), a LL may be able to show other tenants around ( most contracts state at least the last 2 weeks )

you have since given them possession since you gave them the keys. You essentially brought the lease contract to an end.

Handing the keys back does not end the tenancy contract, Only if agreed by the LL,. It also does not stop any insurance or financial liabilitys you have with the contract. Not in these curcs anyhow.

The Op ( [MENTION=63680]saro87[/MENTION] ) in this, gave formal notice, and at worst, may be liable up to the end of the tenancy contract they sighed. Probably, only liable up to the 2nd Jan, And depending on the terms of the TC, may only be liable up to 2nd Dec.

any claimed damage by the LL is different, and would need all the paperwork looking at.

[saro87]

Re: Complicated problem - desperate for advice!

[saro87]

Re: Complicated problem - desperate for advice!

surely when we paid the next months rent on the 2nd of December then we are still within the tenancy agreement until the 2nd of January even though we gace the keys bk therefore they should have asked permission to enter the property??

[Crazy council]

Re: Complicated problem - desperate for advice!

I need to read through that contract properly, it was only taken out in june,

provisionally, liability would end in june 2016, or untill the LL/Agent re-lets. ( I NEED TO READ UP PROPERLY FIRST ) i will post back tomorrow evening, it makes a difference with some of the things i said.

they should have asked permission to enter the property??

thats something to use as a point of negotiation for ending the tenancy on 2nd Jan

[saro87]

Re: Complicated problem - desperate for advice!

I need to read through that contract properly, it was only taken out in june,

provisionally, liability would end in june 2016, or untill the LL/Agent re-lets. ( I NEED TO READ UP PROPERLY FIRST ) i will post back tomorrow evening, it makes a difference with some of the things i said.



thats something to use as a point of negotiation for ending the tenancy on 2nd Jan

They have already relet the property new tenants will move in on the 11th of January. We received another email from him again basically saying we are liars even about things we have proof of, I dont know how to resolve this with someone who behaves so unprofessionally.

[Openlaw15]

Re: Complicated problem - desperate for advice!

hi

,
"during a tenancy, a landlord or appointed agent can enter a property, even if its occupied, by giving clear formal notice ( usualy at least 48 hours in writing ) for whatever reason they need" You think?

Well no this is not true because the tenant has the right to enjoy peaceful enjoyment of the property without interruption by LL or agent, which is based on T &L law, and at Clause 8, (8.1), page 4, beginning with the terms "The Landlord agrees with the tenant..," The only time LL has rights to enter the property is potentially where there are issues of repair. There is no covenant agreement in L & T law to 'check out the condition of the property', as this gives rise to interruption of peaceful enjoyment of the tenant's (paid) right to use the property, which conflicts with Clause 8 and potentially could lead to claim of trespass by the tenant. Under the law it may be possible for the landlord to enter the property if it were justifiable interruption, for example a genuine issue of repair, and Clause 5 (4), page 3 of the agreement confirms this. However at common law the right to re-entry to repair must be genuine and proportionate, otherwise it is oppressive for the tenant whose freedom will be an issue.

The only time LL should re-enter the property are situation 1) if property unoccupied and prolonged period of non payment of rent, assumes tenant surrendered lease (Clause 6 (6.3), and situation 2), 2 months prior to the lease terminating to inspect with a view to re-let property, at Clause 6 (6.4) of the agreement.

The facts are that LL let themselves in (ie use re-entry rights) as Op saw lights on during periods of the night, prior to the agreement ending. It has not been a prolonged period on non payment of rent as Op paid rent to January, the period the lease was due to end as per the agreement so Clause 6 (6.3) does not apply.


In the last part of a tenancy ( 2 months or 1 month, depending on how the tenancy is set up ), a LL may be able to show other tenants around ( most contracts state at least the last 2 weeks )


Handing the keys back does not end the tenancy contract, Only if agreed by the LL,. It also does not stop any insurance or financial liabilitys you have with the contract. Not in these curcs anyhow.

The Op ( @saro87 ) in this, gave formal notice, and at worst, may be liable up to the end of the tenancy contract they sighed. Probably, only liable up to the 2nd Jan, And depending on the terms of the TC, may only be liable up to 2nd Dec.

any claimed damage by the LL is different, and would need all the paperwork looking at.

This is what I've read into the contract so far.