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O/T termination of tenancy



Meade's Ball

Well-known member
Jul 7, 2003
13,653
Hither (sometimes Thither)
Alright there those in the housing botherment know. I have been trying to call CAB and Shelter for advice, but their lines are a bit on the WE'RE CHOCKABLOCK AND CANNAE HELP YOU RIGHT NOW side. The situation is that I am looking to terminate a tenancy a mere 2 weeks old. The landlord has agreed to that, but I am slightly bothered by the fact that he intends to keep the full first month's rent. Or any of it really, considering.The reason it perturbs me is the cause for having to leave, which is the hygiene from the tenant upstairs, along with his chaotic hollers deep into the night, and both the hygiene - I've seen him scamper with around 15 bags of rubbish into his ground floor flat, and to feed foxes in the morning - and the behaviour of the tenant downstairs - we had to call the police to get the girlfriend out of the building safely as the alcoholic with mental health issues raced up and down the stairs screaming murderous lines as he went. When moving in, we only discussed the matter with the letting agent, who told us it was a lovely, quiet and peaceful place, which it just wasn't as soon as the sun set. We were there for 3 horrific nights.

I suppose what I want to know, if anyone has any advice, is whether to contest the amount being given back to us. And also whether agreeing to this termination then prevents us from making compensation claims against the landlord and letting agency if we chose to do so. We're both still rather shaken by it all, but don't want to give in to the unscrupulous.
Is it the responsibility of landlords and/or agencies to tell you of the possible dangers of being somewhere? Or is it just something to calculate for yourself?

Any advice gratefully received.

Shivering adieu.
 




pb21

Well-known member
Apr 23, 2010
6,689
This is the year 2016 and the time of the Tories and Brexit where Landlords rule the roost, and tenants are just a necessary nuisance.

I would be thanking your lucky stars you aren’t tied into 12 months of hell.
 


beorhthelm

A. Virgo, Football Genius
Jul 21, 2003
36,026
your landlord is within his rights to hold onto a months rent, whatever the reason for leaving. i'd reckon your Agent may be at fault if he made claims about the flat that a patently false. they are liable for false information in sales, rental im not so sure. keep on good side of Landlord (so you keep your deposit) and once left chase the Agent for compo.
 


Paul Reids Sock

Well-known member
Nov 3, 2004
4,458
Paul Reids boot
Firstly, sorry to hear you are having issues, Good luck with trying to get it back. I am an ace complainer when I feel that I have been wronged, however I have not been able to win against letting agents

What I would say is that you have done well to be able to leave as early as you have, most tenancies have a notice period in them or a non break of 6 months. If you don't get it back then at least you have not lost out as much as you could.

Have you checked that your deposit was logged correctly with one of the gaurentee schemes? If not, you can get the landlord on that. Also - was this a block of flats and the landlord only owned one? If so I would say that it is tricky to hold him/her liable, they can't control people that live in places they don;t own. however, if they own the whole place and it was more of a house share/conversion then you may have a small chance

I would also say that the letting agent may have been very clever with you, it would be hard to say that they have lied if they have said that the area is peaceful and safe, in general and in comparison it may well be, however the building you are/were in is not.

All in all, good luck and if you don't get anything back at least it could have been worse. I would leave as much feedback in as many places as you can as that will give other people fair warning, and maybe do what I did when I was renting (and buying) no matter where it is drive up there a few nights before you sign anything. I will head up to places on a few nights, always a Friday and Saturday and at least one day during the week. take a book or something and then just sit and listen to see if the area is peaceful and you would be happy living there.

Have a look through here, it has helped me in the past https://www.gov.uk/private-renting/your-rights-and-responsibilities unfortunately it only appears that Gas, Electricity and basic amenities fall under the landlords responsibility
 


Meade's Ball

Well-known member
Jul 7, 2003
13,653
Hither (sometimes Thither)
your landlord is within his rights to hold onto a months rent, whatever the reason for leaving. i'd reckon your Agent may be at fault if he made claims about the flat that a patently false. they are liable for false information in sales, rental im not so sure. keep on good side of Landlord (so you keep your deposit) and once left chase the Agent for compo.

Thanks.
When speaking to the landlord about having to go, he gave me a "Fair enough mate. I've been trying to get rid of the guy from upstairs for ages." I had to tell him that that thundering stinker was the lesser of two evils!
I do want to charge someone with the costs of having to come and go and keep things in storage and pay another agency their fake fees and doss on the floors of relatives until another home is found. Maybe the letting agent is the direction to point my rage in. harumphy bogart!
 






LlcoolJ

Mama said knock you out.
Oct 14, 2009
12,982
Sheffield
Thanks.
When speaking to the landlord about having to go, he gave me a "Fair enough mate. I've been trying to get rid of the guy from upstairs for ages." I had to tell him that that thundering stinker was the lesser of two evils!
I do want to charge someone with the costs of having to come and go and keep things in storage and pay another agency their fake fees and doss on the floors of relatives until another home is found. Maybe the letting agent is the direction to point my rage in. harumphy bogart!

Really sorry for your situation and have nothing useful to add other than that letting agents are pure scum, in general, and should get more of a bad press than landlords do. They do absolutely NOTHING for their money and when the shit hits the fan on either side they claim it's nothing to do with them. Filth.

Best of luck.
 


Paul Reids Sock

Well-known member
Nov 3, 2004
4,458
Paul Reids boot
Really sorry for your situation and have nothing useful to add other than that letting agents are pure scum, in general, and should get more of a bad press than landlords do. They do absolutely NOTHING for their money and when the shit hits the fan on either side they claim it's nothing to do with them. Filth.

Best of luck.

Partially true I think.

they are good at doing their primary job which is finding a tenant for a property. When they are used to do that and then handover management to the actual Landlord I have found them to be pretty good.

It's when they manage the property as well that i find them useless scum bags
 




LlcoolJ

Mama said knock you out.
Oct 14, 2009
12,982
Sheffield
Partially true I think.

they are good at doing their primary job which is finding a tenant for a property. When they are used to do that and then handover management to the actual Landlord I have found them to be pretty good.

It's when they manage the property as well that i find them useless scum bags

Good and bad in every type of work. I've dealt with some really decent estate agents who actually did something for their fee (when buying so I wasn't paying them) but most are stealing a living.

Letting agents? Never met one who did anything useful whatsoever. Even down to them attempting to charge us £450 for finding a tenant for our house when we'd actually done it ourselves (and they'd agreed a flat fee of £150 IF they found a tenant). They got nothing from us, apart from some swearing.

Glad you've had better experiences though.
 


Westdene Seagull

aka Cap'n Carl Firecrotch
NSC Patron
Oct 27, 2003
21,529
The arse end of Hangleton
Partially true I think.

they are good at doing their primary job which is finding a tenant for a property. When they are used to do that and then handover management to the actual Landlord I have found them to be pretty good.

It's when they manage the property as well that i find them useless scum bags

The one time I used a Letting Agent to find a tenant they turned out to be the tenant from hell. Never used an agent again and very few problems.
 


The Brighton Bear

Come on Kylie, get a grip
NSC Patron
May 3, 2010
14,678
Rottingdean
A few years ago I was looking to rent a studio flat in Brighton. Letting Agents insisted in showing me what I would call prison cells/torture chambers for at least £900 per month. :nono:
 




HantsSeagull

Well-known member
Aug 17, 2011
4,079
Caught in a Riptide
This is the year 2016 and the time of the Tories and Brexit where Landlords rule the roost, and tenants are just a necessary nuisance.

I would be thanking your lucky stars you aren’t tied into 12 months of hell.

I hardly think you can claim this government are on the side of the landlord. 3% surcharge on stamp duty. removal of tax relief on mortgage interest - in fact this government have hit landlords more than any other. Tenants also have more rights than they have ever had. Maybe not as much as they would like but more than before for sure.
 


pb21

Well-known member
Apr 23, 2010
6,689
I hardly think you can claim this government are on the side of the landlord. 3% surcharge on stamp duty. removal of tax relief on mortgage interest - in fact this government have hit landlords more than any other. Tenants also have more rights than they have ever had. Maybe not as much as they would like but more than before for sure.

Hang on are you seriously saying I'm wrong to suggest that the tory party are on the side of the landlord?

You may be able to say that this has been a 'moderate' tory government in this regard, but this hasn't been the time when the tory party have deserted landlords! Hell will freeze over before that happens!

Obviously there is an element of facetiousness in my post but the general point still stands IMO?
 


HantsSeagull

Well-known member
Aug 17, 2011
4,079
Caught in a Riptide
Hang on are you seriously saying I'm wrong to suggest that the tory party are on the side of the landlord?

You may be able to say that this has been a 'moderate' tory government in this regard, but this hasn't been the time when the tory party have deserted landlords! Hell will freeze over before that happens!

Obviously there is an element of facetiousness in my post but the general point still stands IMO?

ok i have given you some facts to back my argument - feel free to do the same!
 


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