Leaving property as a tenant early....

[Guest]

So... and this is a little long, so grab a cup of coffee and settle in....

Back in March we moved into our rented home and as usual as a tenant in any rental there was a snag list for the landlord, holes in walls, drafty exterior doors, there was a light fixture we couldn't remove to replace a bulb that was blown, a window had a gaping gap so water and draft were coming in, wobbly curtain rails, gap in patio doors letting in the local (insect) wild life, oh and an infestation of silverfish that we had not been informed of....

So being the diligent tenant at the end of week 1 I sent the said snag list to the landlord so the issues could be addressed, we always take the view that most issues will be found in the first week and that's an appropriate time to send a list on.

We had a WhatsApp chat at this point I was given a cold sharp shock as she made me aware that she might have to sell the home we had only just moved into and we might have to look for somewhere else to live*I advised her that 'we' could make all the repairs if she wanted us to in order to save on costs, and requested she pay for the materials and a small contribution for my partners time in doing the repairs, we are talking about maybe £250 in total.

We agreed in the chat that we would do the repairs and to go ahead, so we did - unfortunately one of the items was a lamp in a bathroom that at some point in it's life had been cross threaded and the bulb needed replacing, the only way to get to the bulb was to smash the glass globe - so we did and replaced the bulb (this had been advised earlier in the chat.

Later that same morning the landlord messaged me on WhatsApp and told me not to proceed, we already had, and to wait for her to arranger her 'handy man' to look at the items, I advised her that we had already worked on the light and advised we had ordered a replacement fixture, she asked that we not fit the new fixture and she would arrange her 'handy man' to fit it instead. So we stopped.

The landlord paid a visit, arranged, with another person - not sure who he was and he wasn't part of the prearranged visit that anyone else would accompany her, and we went round the house with the snag list and I showed her everything, she agreed all would be looked at and she booked a tradesman visit for 21st March...

Lockdown happened, and reasonably she asked if the tradesman visit could be postponed until things settled down, of course we agreed, nothing was urgent or critical.

Late in May I dropped a message asking if she had thought about when the repairs might take place, we had seen other repair companies and council workman attending nearby properties to undertake repairs so thought it not unreasonable to 'check in' I got a strong response basically along the lines that nothing was going to get repaired, she would accept the property back in the condition it was in and not hold me liable when I left for these items (I should point out that there is no co-signed inventory of any kind on this property and no inventory was provided to us to sign when we checked in or at any other time prior to move in, or since), we made the point that she had asked we not fit the replacement light in the bathroom and that only her handy man was to do it, and although she maybe happy to accept the property back at the end of the tenancy with snag list issues present we were not happy living in a home with holes in the wall, drafty windows and doors etc etc.

She informed us that if we weren't happy then she would release us early from our tenancy and we were free to find another home, we took her up on her offer.

She asked if she could do some viewings with prospective tenants and we consented to some this week (week of 1st June 2020) these went ok and were undertaken safely, we left all the doors open, wardrobes and such, asked people wear masks and gloves and not touch door handles, banisters or anything else in the property whilst they were looking around. These 2 viewings went well.

Another viewing happened today, not so well, I was out and my partner was home with the dog (yes we have a dog in the tenancy), we had originally agreed we would be out with the proviso that the weather was aligned eg: not tipping down with rain and taking the dog a walk was practical, it wasn't it was tipping it down and not practical, so I sent an email to our landlord and to make her aware my partner and dog were at home and would be for the viewing (we had been home for the earlier ones too as I had conference calls for work and such)

I was contacted by my partner to let me know that our landlord had tried to let herself into the property with her key without knocking or ringing the doorbell to validate anyone was home, she was about 12 mins early, my partner was in the kitchen with the dog at the time, the kitchen is right next to the front door - he's certain she did not knock or ring the bell - even if she thought we were out common courtesy would suggest you knock or ring to make sure no one is home, luckily my partner heard the key being put in the door and managed to lock the dog in the kitchen and get to the front door as she was turning the key - the intent clearly was to simply enter the property.

When she realised my partner was home they decided outside for another set of viewers (yes 2 sets of viewers at the same time, not back 2 back, in my property)

She and the viewers with her were not wearing their masks, they had them but not wearing and were not wearing gloves, when they came back they were wearing masks but no gloves, then during the viewing people were touching things, door handles etc... my partner had to sanitise them and made a point he was doing so.

I sent the landlord an email when I got home making her aware I was not happy with how this viewing has been undertaken, firstly 'letting herself in' without having knocked or rung the doorbell, the fact she and the viewers were going to enter the property without a mask on if we hadn't had been home (evidenced by her not wearing it when my partner did open the door), the number of people in my home it was 'A' viewing but 2 groups in the home simultaneously was not what was arranged or agreed had she advised this we would have insisted 2 separate back to back viewings to minimise strangers in our home.

Considering my landlord broke our very basic rules and what I consider common sense I have now withdrawn my consent for viewings to occur (I didn't actually provide any in a blanket form she has just assumed it will be ok but I'm aware that asking on a case by case basis is the mode we were in and I'm ok with that) but basically I've said that in the current conditions with the behaviour that has happened on this most recent viewing I am not happy to have viewings until we have vacated the property at the end of the month.

In retaliation for this my landlord has now informed me she is withdrawng her approval for us to leave early with one months notice and now intends to hold us to the original tenancy agreement and hold us liable for all the rent due under such agreement, because I'm being unco-operative on viewings.

I would be interested in the community thoughts on this topic, obviously these are 'highlights' of the situation and not every blow by blow of every communication but suffice to say I am now being threatened with legal action and that she wants to take me to court - I'm not afraid of this as I don't think I've been unreasonable - also I never 'asked' to leave early she offered that as a remediation as I was apparently 'nagging' about the snag list (one followup asking about when I might expect them to be dealt with)

We still intend to vacate this property at the end of the month and move on. As some additional context my partner has been suffering from severe anxiety and depression in the current situation and of course the 'rule breaking' on viewings has made him somewhat on edge.

phew! looking forward to your thoughts and comments on anything I should do to improve my standing in this situation.
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[efpom]

My view is this:
What you are always entitled to, is require the norms of civilized society to be observed by any visitor to your home. If they do not, you tell them to leave and if they do no, you are quite entitled to eject them, using reasonable force, and bar them from entering your home ever again.

Your landlord was a visitor, and was not entitled to use the keys to your home she possesses, as landlord, to enter your home unbeknownst to you. What your landlord did, made your landlord a trespasser.

You are entitled to forbid her from entering the property again, whilst it remains your home, and your landlord is not entitled to renege on the agreement for you to leave early.

What you are not entitled to do is refuse to allow prospective tenants to view the premises. But the landlord is* is not entitled to accompany them.

In practical terms, I would immediately change the locks, and deduct the cost from monies otherwise due to the landlord.

[Flirble]

Thanks for the input, you state or opine that I’m not entitled to prevent further viewings, however surely that is reasonable following the lack of adherence to the rules that had been established? Or should I contact her again to let her know we will again allow viewings however would prefer that we conduct them and clearly outline the rules for prospective viewers again?

I have read some other forum threads where it seems generally accepted that allowing viewings whilst I’m still in my tenancy is a courtesy not a requirement, well at least not an enforceable one anyway.

[efpom]

"reasonable" is an elastic term, and at bottom, only a judge can decide what is 'reasonable' or it's obverse, in the particular circumstances of a case. Whether viewing is a courtesy or is enforceable does depend on the terms of the tenancy agreement. * I note the landlord has agreed to let you leave early - I do hope you have that modification to the tenancy agreement in writing!

[Flirble]

Yeah 'reasonable' is such in open term, and of course highly subjective - agreed.

I do have several emails, at least 3, noting that she offered to release us early - we did not ask - and then continuing to confirm dates, deposit return process etc with specific dates eg: vacation on or around 27th June and Checkout being undertaken on the the last day of June.

We are willing to allow viewings, however have no confidence our landlord will 'do the right thing' it is not always possible for us to not be present, weather and work have a tendency to curtail this and we simply don't trust her to leave her with access to the house without our presence.

[efpom]

As you have agreed the modification to the tenancy agreement in writing, your landlord cannot later "unagree" it!

On what cause of action are you being threatened with court action by the landlord?

On viewings - see my previous post.


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[Flirble]

Hi,

The threat of court action is that she has stated she is recinding her permission for us to leave early, which I have stated I don't believe she can do and we still intend to leave as planned, and she holds us accountable for all the remaining rent which she intends to recover through the courts for the full 12month original tenancy.

Her assertion that she is recinding her permission for us to leave early is the 'punishment' for being 'unreasonable' around viewings.

Again thanks for the advice so far.

[Flirble]

I am proposing the following regarding restarting viewings:

"Having had a few more conversations we do not want to appear unreasonable, and are willing to allow viewings for prospective tenants, however we are not happy with you conducting the viewings yourself, our reasonable conditions are:


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• Viewings booked with at least 48hrs notice
• Only 1 party viewing at a time, a couple can view together but not different households
• Face masks and gloves be worn when in the property
• Viewers must not touch anything when in the property
• We will be present at the property for any viewings"

[efpom]

Your bullet points are "reasonable".

If I was in your shoes, I would would be much tougher on the preamble.

e.g.
Given your previous conduct in attempting to make unauthorised entry to my/our home, using keys in your possession, I will not allow you into my home in the future.* Having said that I am prepared to facilitate viewings, strictly under the following conditions.

I would also be writing:
I note you intend to issue legal legal proceedings, footed on the unmodified tenancy agreement. I shall respond to that at the proper time, which at the earliest, will be when I have perused your formal letter before action. It is not for me to advise you, but it would seem wise to take professional advice before issuing such a letter.

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[Flirble]

Thanks again :-)

I have received an almost immediate reply containing the following response, we are getting close but I'm still not happy:
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- pay the advertising fee for renting

I did not 'ask' to end the tenancy early, she offered to release us early, thus I don't think I'm under any obligation to indulge additional costs incurred, had I requested to leave early I would be in a different mind. This additional cost was not specified in her offer that I accepted.

- you can only terminate the tenancy until the new tenant moves in, otherwise you will be liable to pay for the period you move out until the contact ends.

Again I would expect this if I had 'requested' to leave early, but I haven't, the landlord has offered. As such in my mind the tenancy ends on June 30th end of. This condition was not part of the offer I accepted.

- maintain clean tidy order of the house for the viewings including the garden

The house is tidy and scrupulously clean, my partner is mild OCD, as for the garden it is in good order, the front is a little messy but no worse than when we moved into the property.

- fix the garage door, bathroom lighting shade which I noticed you have caused damage during your stay

The garage door has been faulty since before we took possession, previous tenant mentioned it to us when we moved in - it did become 'additionally' faulty recently I had that fault repaired myself at my cost but we didn't 'cause' the fault it was a wear and tear overtime that she refused to deal with, but the garage opens and closes and is secure. As for the bathroom light this has been covered earlier in the original post.

- you can do the viewing inside the house

Ah some reasonableness, she's ok with us conducting the viewings - YAY!

I feel I'm being pressured to accept additional conditions after the agreement has been made, which feels unreasonable I don't believe the agreement can be modified after it's been made?

[efpom]

Your last para - correct -stick with with that!

[Flirble]

OK so I think I'm replying with.... if you wouldn't mind just casting your eye (BTW your help has been invaluable!)

"I acknowledge receipt of your email today regarding the vacation of the premises, I feel I'm being pressured to accept additional conditions after we have already reached an agreement that the tenancy will end on the 30th June 2020, this feels unreasonable and I don't believe you can impose additional conditions on the agreement that has already been made.

I propose we continue with what has already been agreed and recommence viewings in line with my reasonable requirements already articulated earlier today"

Thanks again for your help.

[efpom]

No!

If you have made your position clear, do not engage in futile correspondence. If you have not done that, do so, using the least number of words to do so.

On my assumption that you have, in fact, made your position clear,
I would write:
I acknowledge my receipt of your email date xxx time yyy
I confirm and adopt my previous correspondence date aaa time bbb which is my final position. I am not prepared to enter any further correspondence about that

[Flirble]

Hi, ok I'm not used to being 'quite' that firm... so here we go:

"I acknowledge my receipt of your email 7th June 2020 11:17

I confirm and adopt my previous correspondance 7th June 2020 10:55 which is my final position on this matter and will not enter into any further correspondance regarding it.

Please let me know when you have further viewings arranged and planned so we can facilitate the viewings"

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[efpom]

I would write this:

It is entirely my right to decide whether to admit any person to my home and it is also my my right to order any person to leave my home. I, when facilitating viewings, will not exercise that right without good reason.

On the matter of viewings, the following terms are not negotiable.

In order that I may be placed to attempt to facilitate viewings by prospective tenants, I require that you, and in good time, provide me with the name of the prospective tenant and the date and time when that prospective tenant intends to visit.

If the date or time changes, I require you to notify me immediately (by text?} that looks likely.

If, when a firm appointment has been made, and the viewer, in fact, has not turned up 15 minutes after the scheduled date and time, I will take the position that the viewing has been abandoned.

I will not be placed to facilitate any viewing before XX AM and after YY PM on any day.

I will not be placed to facilitate any viewing on the following days:[list days]

Please confirm your agreement to the above terms.

In the event that you decline to agree those terms, I will take the position that I have done all that can reasonably be expected of me, that I am immediately released from any obligation I may have to facilitate viewings, and rest on my right to enjoy quiet possession of the property until the end of the term, which for the avoidance of doubt, is [insert date]

I may say that you can count yourself extremely fortunate, given your threat to institute legal proceedings against me, that I am prepared to offer the above terms.
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