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Deedy1
17-11-2005, 13:05 PM
Hi there!

We have been renting our property for the past 18 months, and the Landlord recently gave us notice to leave by 14th Jan. We have found another property and would like to move on 17th December. Are we still obligated to pay rent to 14th Jan even though we will not be residing in the property?

Deedy

mjpl
17-11-2005, 13:09 PM
Are you within a fixed term tenancy or is it periodic?

MrShed
17-11-2005, 13:09 PM
No you arent. Read this thread for more details:

http://www.landlordzone.co.uk/forums/showthread.php?t=765

Deedy1
17-11-2005, 13:32 PM
Wow! Thanks for the speedy response guys! I am not sure what sort of agreement we have - I thought it was an AST but we moved in on 14th May 2004 and the length of tenancy was stated a s being one year less one day, but, obviously we must be on some "rolling contract" as we are still here! The landlord is returning from a sabbatical in the States so needs his home back!

On a completely different path, we did have a few problems a few months back with our underground soil pipes. They disintegrated and we had sewage backing up through our cloakroom sink - NOT pleasant! Anyhow, we got the agent's round and a couple of companies came to give us quotes etc. and the landlord phoned and told us it was all going to be done through his insurers. To cut a long story short, the took the downstairs loo out and put it in the hallway, drilled up the flooring and were about to fill in the hole when we spotted that they hadn't replaced the damp proof membrane and questioned them and informed the agents. A huge drama ensued and what was effectively a two/three day job turned into a 6 month fiasco with the loo remaining in the hallway and soil pipes exposed. As a result we ended up claiming compensation of £5.00 per day for loss of earnings (to accomodate various workmen etc) which we deducted from the rent. We have heard no more about it from the agent or the landlord (who agreed that we should be compensated by the way) , but can they now claim that money back from our holding deposit? I just know our actions are going to come back and bite us in the bum, but would they be justified in claiming the money back? After all we were protecting the Landlord's property from cowboys!

Deedy

justaboutsane
17-11-2005, 13:40 PM
You should be able to leave on the date you have chosen as you are now on a periodic tenancy. Contact your landlord and state that you will be moving out sooner.. he may be happier for you to do that than you risk losing a property and then not being able to fond another... emphasise this fact to him as if you do not move out when he wanst you out he will have to go through the courts which he will want to avoid!

Do you have in writing the compensation agreement? If that is the case you should be able to argue any deductions on this basis. If not you may well be stuck.

MrShed
17-11-2005, 13:41 PM
Wow! Thanks for the speedy response guys! I am not sure what sort of agreement we have - I thought it was an AST but we moved in on 14th May 2004 and the length of tenancy was stated a s being one year less one day, but, obviously we must be on some "rolling contract" as we are still here! The landlord is returning from a sabbatical in the States so needs his home back!

That means its periodic.

On a completely different path, we did have a few problems a few months back with our underground soil pipes. They disintegrated and we had sewage backing up through our cloakroom sink - NOT pleasant! Anyhow, we got the agent's round and a couple of companies came to give us quotes etc. and the landlord phoned and told us it was all going to be done through his insurers. To cut a long story short, the took the downstairs loo out and put it in the hallway, drilled up the flooring and were about to fill in the hole when we spotted that they hadn't replaced the damp proof membrane and questioned them and informed the agents. A huge drama ensued and what was effectively a two/three day job turned into a 6 month fiasco with the loo remaining in the hallway and soil pipes exposed. As a result we ended up claiming compensation of £5.00 per day for loss of earnings (to accomodate various workmen etc) which we deducted from the rent. We have heard no more about it from the agent or the landlord (who agreed that we should be compensated by the way) , but can they now claim that money back from our holding deposit?

No. Only problem being that if they do, the ball is in your court, and you are the one who has to act in order to reclaim it. I would also say that it may be a struggle in court, as obviously I know not the nature of the problem in respect to how it affected you, but £5 per day for a still-habitable property sounds a lot to me. Although you are probably entitled to compensation, you will struggle to enforce a certain amount if you and the agent did not actually agree on the £5 per day figure.

I just know our actions are going to come back and bite us in the bum, but would they be justified in claiming the money back? After all we were protecting the Landlord's property from cowboys!

Deedy

Hope this helps.

Deedy1
17-11-2005, 13:59 PM
Thanks for your advice! We advised the LL and the Agent of our intentions of claiming £5 per day as the work took a staggering six months to complete, with comings and goings by workmen, the floor being drilled, the constant mess, the unsightly "throne" in the hallway etc and it just dragged on and on until we informed them that we were going to deduct the money and then, miraculously, it all got sorted within the space of two days!! We also pay quite a substantial rental for a large 4 bed/3 bath property and felt we were being taken for mugs.

We did quote the riot act to them in the end as I believe the agents were simply dragging their feet as it wasn't happening in their homes and they certainly would not have put up with it if it was! I treat all the houses that I rent BETTER than I would my own hence our intervention with the cowboys which could have saved the LL thousands. We argued that we "are entitled to quiet enjoyment of the property" and that lifting the floor six times by drill could not be construed in any shape or form as quiet enjoyment, particularly as it was totally uneccessary!

What a wonderful site this is! I feel 10lb lighter now I've got that off my chest and I'm a Psychologist!!!!!!!

Thanks to you all!

Deedy

MrShed
17-11-2005, 14:04 PM
You are welcome Deedy - we aim to please!

Good luck, let us know how it all pans out.

Deedy1
17-11-2005, 16:07 PM
I most certainly will!

Thanks again!

Deedy