Leaving property as a tenant early....

[Flirble]

for the avoidance of doubt and confusion, partly in my head

"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.

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 via email or WhatsApp 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 10 AM and after 7 PM on any day.

As previously communicated the following conditions are in place:

• Viewings booked with at least 24hrs 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

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 30th June 2020.

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."

I wanted to incorporate the specific reasonable conditions we have communicated this morning, and the first portion around her email about imposing 'new' conditions or our vacation of the property - which of course we do not agree with.

Apologies with all the too and frow I just know this will get 'awkward' and want to make sure I have protected myself appropriately.

[efpom]

I think that you need to deal with the viewing issue and the lease issue as separate items of correspondence. You might wish to take some time drafting those up and when finished post up the final drafts -* * *

[Flirble]

Hi, Yes I agree - I should separate the topics otherwise it simply becomes a confusing mess..... which I guess this has become ;-)

Termination of tenancy draft:

"I acknowledge receipt of your email regarding the ending of my tenancy dated 7th June 2020 11:17AM.
It is important to note that I feel I am being pressured to accept additional conditions on an agreement that has already been made, namely that the tenancy will end on 30th June 2020, which was offered by yourself and the early termination at no point was requested by myself or my partner. As such I do not believe the agreement can be altered without mutual agreement, I do not consent to your additional terms. As such we will vacate as agreed on June 30th 2020 (possibly earlier if so I will inform you when we have vacated the property.)"

Viewings:

"I would like to establish here and now that 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 via email or WhatsApp 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 10 AM and after 7 PM on any day.

As previously communicated the following conditions are in place:

• Viewings booked with at least 24hrs 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

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 30th June 2020.

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."

[efpom]

My proposed drafts
-------------

I acknowledge receipt of your email regarding the ending of my tenancy dated 7th June 2020 11:17AM.

Your offer to vary the tenancy Agreement was made by you and I accepted that offer. That is now binding on us both and you not entitled to unilaterally withdraw that offer, nor are you entitled to unilaterally modify its terms. The tenancy Agreement will end on 30th June 2020.

------------

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

In order that I may be placed to attempt to facilitate viewings by prospective tenants:

1. 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 (PT) is scheduled to visit.
2. If that date or time changes, I require you to notify me immediately via email or WhatsApp.
3. If, when a firm appointment has been made, and the PT, 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.
4. I will not be placed to facilitate any viewing before 10 AM and after 7 PM on any day.
5. I will not facilitate any viewing unless I have at least 24 hours notice of it.
6. I will permit no more than one group of people of no more than two people to enter the premises at any one time.
7. All PT shall be advised by you that they wear face masks and gloves when in the property
8. ALL PT shall be advised by you that they must not touch anything when in the property

Please confirm your agreement to the above terms, which are not negotiable.

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 30th June 2020.

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.

[efpom]

I suggest you sleep on it before sending - Another condition may occur to you!

[Flirble]

Hi, so I had a sleep and I sent your emails verbatim, they seem strong direct and uncomplicated.... I'm assuming the strength of my position really does come from the fact she offered to vary the tenancy instead of me 'requesting' to leave early?

I think, at least, just one last question - when it comes to end of tenancy would your advice, view be that I should allow Deposit Protection Service to adjudicate any deposit shenanigans or should I reserve my right to take it further - I'm thinking based on her communications that she will be difficult and awkward.

Thanks again for your assistance.

[Flirble]

My landlord has responded to both emails (within minutes) with pretty much the same response to both, I do not intend to respond to her replies as I feel my position is now clear:

Response to end of tenancy email:
"The Condition to end is new tenants moves in by the end of this month, otherwise your liable still stands passes 30th June 2020."

Viewings email response:
"I am reminding you the binding tenancy agreement has legal effect and can be used in court if needed. As you said you are training lawyer so I am aware you are aware of this too.

Just to confirm that you are liable for the vacant period even after the 30th June 2020 until agreement ends."

[efpom]

This is another issue which has not yet crystallised into a dispute.

The parties have to agree to arbitration. An arbitrator's decision is final and binding. It can only be challenged before a court on the grounds of irrationality or a mistake in applying the law.

If you do not agree to arbitration under the deposit protection scheme, you are entitled to sue for it's return in the courts.

It's not for me to advise you on which option you should choose.

Practically, you should list out all damage you consider yourself liable for and put a value on that. That reduces the amount of the deposit repayable

Any defects in the property on first taking up tenancy, or during the tenancy, that you were forced to rectify because the landlord refused to do so, on your notification to her of such defects existence should be valued and becomes a claim against the landlord. That defects valuation will probably not be part of the arbitrator's powers to decide upon, so you would be left with a court claim for that value, footed on the landlord's breach of the tenncy agreement.

But If the landlord advances a submission to the adjudicator for reduction of the deposit footed on damage, where the root of that damage, was a failure by her to repair the defect notified to her, you defend her proposed reduction on the deposit repayable on that basis.

Having said that, there are limits to the 'what if" game. The future will unfold.

[Flirble]

I am assuming I should not enter into any further debate on her additional conditions which we deem invalid instead of getting sucked into a whirlpool of nonsense and I should now leave things as they are (btw she has not formally responded to the viewings email with ‘I agree’ or any other affirmative response.

[Flirble]

Hi

so I thought I would update on this thread...

landlord tried to allege that I had totally broken the tenancy agreement, left early without their agreement, had been unco-operative for viewings and the property was damaged and required professional cleaning from top to bottom because of our having a dog.

in short she had no inventory signed by me as tenant, had no meaningful evidence of any kind to justify her claims and the Deposit Protection Service supported me as the tenant and found in my favour on every count awarding me my total deposit back...

[efpom]

Ezcellent - do you have the deposit in your hand?

[Flirble]

I have the adjudication from DPS and also confirmation DPS have sent the deposit to my bank account - was a custodial deposit - so just waiting for it to credit in 3days time