Renting advice
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Dam0ZR

Original Poster:

93 posts

212 months

Saturday 22nd May 2010
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Just need a little advice really guys.

The low down is, me and the GF are renting a flat, the 6 month contract runs out in 3 weeks and we have found somewhere else to live which we are putting a deposit on tomorrow. The reason we are moving is due to the fact that the landlady has been very slack on getting the boiler issue sorted. We are constantly having to use the booster switch to get hot water which is pretty costly. She has sent a plumber, an electrician, the electricity board over a few times spaning over 3 months. We are on her case but we both work full time and dont always have time to keep pestering her to sort it.

The plumber is due to fit a new element which we thought it was from day 1, but that is to waiting to be delivered.

The question is, as stated we have 3 weeks till end of tenancy, is she likely to let us go sooner without taking our deposit. We have the issue of the boiler on our side with this one.

Any help appreciated. Thanks all smile

B17NNS

18,506 posts

269 months

Saturday 22nd May 2010
quotequote all
I wouldn't have thought so. Sounds like you haven't even given notice. An AST usually reverts to a rolling monthly contract after the initial period (six months). I would assume your contract states that you are required to give 1 months notice.

The contract is there to protect both parties, it protects you so you can't just be thrown out and it also means the landlord is given reasonable notice to provide time to find a new tenant.

Get out you agreement and have a read, boiler issues aside you signed it and were happy to be bound by its contents.

Gareth79

8,707 posts

268 months

Saturday 22nd May 2010
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B17NNS said:
I wouldn't have thought so. Sounds like you haven't even given notice. An AST usually reverts to a rolling monthly contract after the initial period (six months). I would assume your contract states that you are required to give 1 months notice.
I'm pretty sure that with an AST you can move out on the last day of the 6 months without notice.

Dam0ZR

Original Poster:

93 posts

212 months

Saturday 22nd May 2010
quotequote all
Im gonna get the contact out. Even with the boiler situation you reckon this can still stand as were having to pay a fortune to get hot water, way way over the normal amount.

whoami

13,178 posts

262 months

Saturday 22nd May 2010
quotequote all
Dam0ZR said:
The reason we are moving is due to the fact that the landlady has been very slack on getting the boiler issue sorted. We are constantly having to use the booster switch to get hot water which is pretty costly. She has sent a plumber, an electrician, the electricity board over a few times spaning over 3 months.
Not really slack then but rather a pain in the backside problem to get sorted?

In other words, the sort of thing you might experience in your own home (ie one that you owned)?


Dam0ZR

Original Poster:

93 posts

212 months

Saturday 22nd May 2010
quotequote all
Well if it was my own home i would have got a boiler engineer out as soon as there was an issue and had it solved. Theres no reason for it to have dragged on so long. She has had the plumber out who blamed the issue on electrics and the electrician then changed a few fuses and said if this doesnt work then its down to the element which it seems to be, in the mean time a eon has been out to check the meter and they say its something in the property. I let her know a few times a week the boiler still isnt storing heat and that we need someone out still but she says ive spoken to the plumber/electrician and they waiting to get back, i thought people were looking for work lol!!

I dont really care about all this now i just want to know if i can use it to get out the tenancy early.

Ive just had a read through the agreement and it doesnt state about giving a months notice. At the mo its 3.4 weeks till the tenancys over but ideally would like to go within 2 weeks. Guess ill just give her a call tomorrow smile


whoami

13,178 posts

262 months

Saturday 22nd May 2010
quotequote all
Dam0ZR said:
Well if it was my own home i would have got a boiler engineer out as soon as there was an issue and had it solved. Theres no reason for it to have dragged on so long. She has had the plumber out who blamed the issue on electrics and the electrician then changed a few fuses and said if this doesnt work then its down to the element which it seems to be, in the mean time a eon has been out to check the meter and they say its something in the property. I let her know a few times a week the boiler still isnt storing heat and that we need someone out still but she says ive spoken to the plumber/electrician and they waiting to get back, i thought people were looking for work lol!!

I dont really care about all this now i just want to know if i can use it to get out the tenancy early.

Ive just had a read through the agreement and it doesnt state about giving a months notice. At the mo its 3.4 weeks till the tenancys over but ideally would like to go within 2 weeks. Guess ill just give her a call tomorrow smile
Surely, if you are in the last three weeks of the tenancy agreement, then you have already paid that month's rent anyway?

Also, the plumber is the boiler guy.

Dam0ZR

Original Poster:

93 posts

212 months

Saturday 22nd May 2010
quotequote all
Yeah sorry i did mean that but this guy really didnt seem to be that clued up. Im not a plumber or electrician but theres things the electrician noticed that the plumber didnt. The electrician is the one who has put it all down to the element not the plumber which i thought was odd. I wouldnt be surprised if the boilers still fecked

Well i get paid weekly so me and the landlady set up a weekly payment for each friday. Works ok but the next property is monthly so i want to leave here asap and get into the other and pay a full month up front but i dont want to lose my deposit. The deposit is in a holding thing to keep it all fair

B17NNS

18,506 posts

269 months

Saturday 22nd May 2010
quotequote all
Gareth79 said:
I'm pretty sure that with an AST you can move out on the last day of the 6 months without notice.
Not the ones I give to my tenants. Personally as a landlord I'd be very annoyed. Both parties signed a legally binding agreement. Do the decent thing and stick to it.

That said however I would have made sure the boiler was fixed as quickly as possible and offered compensation as a good will gesture for any additional expenses incurred by my tenants.

Happy tenants = happy landlords.

Dam0ZR

Original Poster:

93 posts

212 months

Saturday 22nd May 2010
quotequote all
Yeah i totally understand with regards to sticking with the tenancy but every week im here its costing a fortune in electric, id be willing to let it go if she lets me leave in 2 weeks rather than 4 from now. My electric bill is going to be unreal, i have said this to her.

This is the first property ive owned since leaving parents, im 22, and its been a big learning experience but i just feel like im getting the p**s taken out of me a bit with regards a few things in this place. Im leaving it in much better condition that it was when i moved in to.

Dam0ZR

Original Poster:

93 posts

212 months

Saturday 22nd May 2010
quotequote all
sorry meant rented not owned smile

whoami

13,178 posts

262 months

Saturday 22nd May 2010
quotequote all
Dam0ZR said:
if she lets me leave in 2 weeks rather than 4
You mean 3?

Dam0ZR

Original Poster:

93 posts

212 months

Saturday 22nd May 2010
quotequote all
The tenancy runs out in 3 weeks and 4 days but i want to leave in 2 week so as not to leave the new landlord waiting to long for me to pay my months rent. But i keep hearing i might to give 4 weeks notice.

Hope that makes sense

dmitsi

3,583 posts

242 months

Sunday 23rd May 2010
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There is no valid reason on your side to leave early, it'll be entirely at your landlords discretion. They have made efforts to sort the boiler, I know it hasn't worked but that's life. Lived in my current place 3 years and have had recurring problems with boilers, even after a new one was fitted. Be thankful you don't have to pay for the repairs yourself.

AST agreements are not easy to get out of, and unless your landlord takes pity on you I don't think you'll get out early.

davidjpowell

18,588 posts

206 months

Sunday 23rd May 2010
quotequote all
Has your landlord put your deposit in a secure tenancy deposit scheme? If not, and only if she gets awkward have a read into it. It might help give you a better 'position'.

Dam0ZR

Original Poster:

93 posts

212 months

Sunday 23rd May 2010
quotequote all
Yeah its with the DPS (deposit protection scheme). So its all done pretty well. Im going to a put a deposit on the new place at 3pm today so ill give my current landlady a ring after i have done that. If i have to wait to i have to wait but theres no way im losing my deposit.

Ill keep you all posted, cheers the for the info everyone.

whoami

13,178 posts

262 months

Sunday 23rd May 2010
quotequote all
Dam0ZR said:
Yeah its with the DPS (deposit protection scheme). So its all done pretty well. Im going to a put a deposit on the new place at 3pm today so ill give my current landlady a ring after i have done that. If i have to wait to i have to wait but theres no way im losing my deposit.

Ill keep you all posted, cheers the for the info everyone.
You won't lose all of your deposit but they will deduct the remaining rent if you just leave prior to the end of the contract.

SimonV8ster

12,891 posts

250 months

Sunday 23rd May 2010
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Have you asked her if you can go early as its costing you a fortune in blls ? She might realise that its a fair point and let you go ?

Wings

5,926 posts

237 months

Sunday 23rd May 2010
quotequote all
Dam0ZR said:
The tenancy runs out in 3 weeks and 4 days but i want to leave in 2 week so as not to leave the new landlord waiting to long for me to pay my months rent. But i keep hearing i might to give 4 weeks notice.

Hope that makes sense
You have an Assured Shorthold Tenancy Agreement for a FIXED term/period of 6 months, therefore in practice you have already given at the outset/start of the ASTA, that you be leaving in 6 months time, so NO further Notice is required to be given by you to your landlady. Although in saying the same, it would be polite of you to remind your landlady that the ASTA comes to an end in 3 wks time.

As for leaving the premises in 2 weeks time, yes you can do the same, but you will be resonsible under the ASTA for the remaining term of the tenancy, so keep premises keys until the tenancy period ends.

superlightr

12,920 posts

285 months

Monday 24th May 2010
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Wings said:
Dam0ZR said:
The tenancy runs out in 3 weeks and 4 days but i want to leave in 2 week so as not to leave the new landlord waiting to long for me to pay my months rent. But i keep hearing i might to give 4 weeks notice.

Hope that makes sense
You have an Assured Shorthold Tenancy Agreement for a FIXED term/period of 6 months, therefore in practice you have already given at the outset/start of the ASTA, that you be leaving in 6 months time, so NO further Notice is required to be given by you to your landlady. Although in saying the same, it would be polite of you to remind your landlady that the ASTA comes to an end in 3 wks time.

As for leaving the premises in 2 weeks time, yes you can do the same, but you will be resonsible under the ASTA for the remaining term of the tenancy, so keep premises keys until the tenancy period ends.
I would disagree. Most AST'w will state that the tenant must give 1 mths notice to co-inside with the end date of the tenancy if the tenant wants to vacate even for a fixed period of 6 months.

Have a careful read of your tenancy agreement.