How to phrase this?

[Teasel]

Thanks Barefoot, yes we are both listed as tenants. And yes, I'll continue trying to get through to Shelter.

Thanks again :)

 

[barefoot]

Rooting for you @berlinda ?

 

[Ronin]

The info on Link Removed about ending the contract seems to be saying that all parties must be in agreement for any party to be able to leave.

Those rules are created with normal situations in mind, or, long term policies.

DV is something else, Im not sure they apply.
Or, I would recheck how imminent trouble needs to be for preventing causes to apply.

 

[Teasel]

I've spoken to Shelter, the contract still applies. I can make use of the 6 month break clause if my ex agrees. I need to give a months notice before january to the landlord but the other tenant has to agree for me to be able to leave the contract. I've another number to ring specifically for women. I shall ask them what they suggest in this situation.

 

[Teasel]

Feel a bit sick - just nerves I think.

So the other helpline says because we haven't returned the contracts to the landlord for the past 2 years, we now legally are on a periodic tenancy. Which means legally I can move out then give a months notice to my ex and the landlord.

But, I feel that's taking advantage of the fact my landlord is a relaxed kind of guy who hasn't chased us up for the contracts.

Like I said, there's this problem at the back of the house which involves rebuilding the foundations and back wall of the house. That was going to be sorted out earlier this year but the upstairs flat has chosen to sue the water board so my landlords claim to his insurance to fix everything has to wait until that is all sorted out. Could be months or years. And when we found out the upstairs neighbours intentions he immediately dropped off a contract for july 20l9 till end of june 2020. We've signed it but my ex never got round to posting it to the landlord.

I have it not my ex.

Taking advantage of the fact my landlord doesn't have this contract means I don't have to get agreement from my ex to be able to leave. But I think it's doing my landlord wrong...

Just writing this down to remember it as much as anything..also as a way to try n work things out in my head a bit.

 

[Mee]

No, it’s not taking advantage. Tenancy laws were written this way for landlords to be able to get tenants out with relatively short notice AND have a benefit of short notice periods in problematic domestic situations. ( that they have other problems is interesting socially but not relevant now and here and now something designed to work primarily for landlords works for you.

If he needed to release the funds from the house and sell it he would not sacrifice his needs for yours. The house is a business to him. Your returned custom is a result of circumstances and there are plenty of other ‘customers’

 

[Ronin]

But I think it's doing my landlord wrong...

It's not.

The fixes are your landlord's issue, not yours.

 

[DharmaGirl]

Where I used to live you signed a year contract and then it automatically went month to month. You have no responsibility to stay. Landlords my be inconvenienced by tenants leaving, but that's what they expect. It's an extra worry in a worrisome situation. I left an abusive situation and he was a cop. It was frightening, but having a safe haven is something wonderful I will never take for granted again.

 

[Teasel]

I'm aware that I am coming at this from a place of not feeling entitled, it's what it is.

I do want to do the right thing though too, independent of what space I'm coming from.

Guess I can recognise that this want has kept me stuck in a bad situation for many years.

Head feels muddled and insecure but maybe less so.

 

[Sideways]

But, I feel that's taking advantage of the fact my landlord is a relaxed kind of guy who hasn't chased us up for the contracts.

Just a quick note about this - I don't doubt that your landlord is generally a good guy, and I think it speaks to your character as a decent human that you don't want to screw him over.

Here's the thing about you being on a periodic tenancy: the only way to get you onto a periodic tenancy? Is to basically not "follow up" getting the signed lease agreement back from you. And, it's kind of an important document for a tenant, because it sets out the responsibilities that the landlord has. You're in a difficult (ie shithouse) position if you need to enforce your rights under a periodic tenancy. Because you have to fall back on legislation and common law. Which means lawyers. Which means enforcing your rights as a tenant? Becomes reeeeally expensive.

And because he hasn't followed up on getting those signed leases back from you? You now have all of the safety net that goes along with being tenants on a periodic basis: none.

Unlike when you have the rather important lease, in writing and signed? Which gives you a whole lot of rights about not getting kicked out? Periodic tenancies usually mean that the tenancy can be ended at 4 weeks notice.

By either party.

Without any legitimate reason.

So, while you might feel an obligation to this landlord for being a nice guy? You actually have very little security to stay in that property as periodic tenants.

Say the lawsuit gets sorted and your landlord decides to get the subsidence work done to make the property safe and decent to rent out? Easier to do with vacant possession, and that's super easy to get, whenever he's ready to do those improvements, by giving you 4 weeks notice. And you're booted.

The benefit of that to him? Is not only that he can kick you out with only 4 weeks notice? He can also jack up your rent - at 4 weeks notice. He can improve the property and rent it out at a much higher rate - giving you only 4 weeks notice.

See how that's not exactly an 'easy out' for you?

This is not me saying: your landlord maliciously planned all this from the get go and is secretly plotting to turf you both out.

It's simply me saying that if you only need to give 4 weeks notice? Then you only need to give 4 weeks notice. Your landlord will take care of himself and his investment property just fine - that's not your issue to worry about.

And certainly isn't a reason to prioritise being generous to your landlord over getting yourself out because you absolutely need to do that. Your landlord's property interests don't come before your needs.

 

[DharmaGirl]

I'd also like to say do what you need to to help yourself. It takes a lot to leave, it really does, and I wish the best for you.

 

[Teasel]

Thanks @DharmaGirl appreciate it, am the closest I've been to getting out and it's taking me by surprise just now hard it is. It'll be worth it for sure but it's an emotional rollercoaster.

And thanks @Sideways too. Couple things though. The only reason we might be considered to be on periodic tenancy is because we have not returned the contracts, not because of anything the landlord has done. We've already been told by the landlord that we'd be given temporary accommodation while the work took place.