Very tricky housing / rental situation

Soldato
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Looking for some advice, I'll keep this as short as possible:

* Sister and her BF rent a house for £1350 per month, they have been there for 2 years and recently signed a new 12 month contract (starting 15th Dec) with a 6 month break clause (2 months notice)
* Last week three men dressed in black, armed with a very large knife, a hammer and baseball bat smashed into the property via a back glazed window and proceeded to assault my sister and her BF in a very violent manor (lots of blood, very serious). This was in the middle of the night, they stole some money and demanded things like car keys and watches but didn't get them.
* Sister and BF understandably are very shocked and both feel they can never return to the property
* The estate agent has 'negotiated' an early release with the landlord which amounts to "you must pay every penny of rent for the whole 12 months and you must pay all our fees to get someone new in". It even includes paying the estate agents commission that would normally be payable by the Landlord.

6 months rent works out to be around £8100, the estate agent currently have around £4300 of their money (2x months rent and £1500 ish for a deposit).

Sister cannot afford to pay this and live elsewhere, she cannot stay anywhere for free, she cannot return to the property. As far as we can see her options are:

1) Tell the EA and LL she is leaving and not paying anymore rent, she'll likely get a CCJ?
2) Continue the pay the rent but become homeless

The estate agent has said they understand the situation is exceptional but they and the landlord do not want to be a penny out of pocket.

As her new contract hasn't started yet (but has been signed by all parties) can she give notice using the old contract (as she's past the 6 month point in that one)?
 
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Sorry to hear about that.

As her new contract hasn't started yet (but has been signed by all parties) can she give notice using the old contract (as she's past the 6 month point in that one)?

That might be the angle - I'm no lawyer but I'll comment that both the citizens advice bureaux and the charity shelter could have some good advice here, also check out places like money saving expert and landlord forums if you don't find a legal expert on here (though chances are high you might well get one here too).

Best of luck with it :)
 
Just had confirmed that she's on actually on a 'contract' at the moment, she was on one for the first 12 months, then let it roll onto a standard AST and only signed a new contract a few weeks ago when they threatened to serve her notice unless she did so. With that I believe her current situation until 15th December (new contract start date) is 1 months notice.
 
Looking for some advice, I'll keep this as short as possible:

Do they have insurance to cover this sort of situation?

Contrariwise, one of the things about renting is 'peaceable enjoyment'. Can the landlord guarantee their peaceable enjoymant of the property?
 
Do they have insurance to cover this sort of situation?

Contrariwise, one of the things about renting is 'peaceable enjoyment'. Can the landlord guarantee their peaceable enjoymant of the property?

I think they only have very basic contents insurance, unlikely to cover anything past a few high value items.

The police have CCTV of the attackers jumping the rear fence into the garden, specifically looking for my sisters house. My sister didn't recognise any of them (by voice or eyes) and she has 'no enemies' but they clearly went specifically for their property.
 
Life can be carp.

Will it happen again? Will it happen at their new abode?

Cant see it being a Landlord issue...
 
It's not the 15th December, the other contract hasn't started yet?

Give 1 months noticed under the old contract and lawyer up.
 
I assume, maybe wrongly but at that level of rent, they are decent earners. Could it be they've been seen driving a nice car and followed home?
 
It's not the 15th December, the other contract hasn't started yet?

Tenancy agreements much like finalising a house sale work on dates in advance, I'd imagine the contract they signed is valid from the day they signed it.

It's equivalent to a landlord ignoring a contract for you to move in at the end of the month, when you ageeed it at the start of the month. In that case the landlord would be in breach of contract.
 
Sorry to hear about that.



That might be the angle - I'm no lawyer but I'll comment that both the citizens advice bureaux and the charity shelter could have some good advice here, also check out places like money saving expert and landlord forums if you don't find a legal expert on here (though chances are high you might well get one here too).

Best of luck with it :)
Would suggest that if the intention is to leave under the terms of the old contract you send a dated letter detailing the terms you are choosing to leave under and send it to the agents recorded delivery to give them minimum wiggle room on the 'oh we didn't receive your request until the 16th' defence they'd no doubt try first.

Whether such a course would legitimately work I don't know but if you're going to try it, try to be as watertight as possible with the communication.
 
So if I'm reading this right the landlord is demanding 12 months rent even if they leave immediately? Then I assume the property can be rented out straight away to another high paying renter?
Sounds like a good scam for a landlord if they were so inclined.
 
I assume, maybe wrongly but at that level of rent, they are decent earners. Could it be they've been seen driving a nice car and followed home?

House has no driveway so they park on the street (on the opposite side and never normally outside their house). They are not decent earners (just a couple living in Surrey).

This the incident in Martock?

Not aware of that incident but no.

It's not the 15th December, the other contract hasn't started yet?

Give 1 months noticed under the old contract and lawyer up.

I'm hoping this would be the case but potentially not? She's still on her 'existing agreement' which is just a rolling AST so can give 1 months notice to leave, but her new contract (signed a few weeks ago) will kick in.

So if I'm reading this right the landlord is demanding 12 months rent even if they leave immediately? Then I assume the property can be rented out straight away to another high paying renter?
Sounds like a good scam for a landlord if they were so inclined.

The agreement isn't actually very clear, it appears that my sister would need to pay rent up until the day before someone else moves in regardless of how long this takes. They would also need to pay for all the referencing, deposit etc... fees that the landlord would normally incur when getting a new tenant in and pay the estate agents commission for the entire length of the contract regardless. The landlord is also able to say no to referenced tenants paying asking should he wish to leave my sister still paying.
 
I'd be asking the bf why they are being targeted if your sis has no idea, very strange if there was no fancy car outside.

Best talking to citizens advice or similar really.
 
Not sure of the legal details but I'd be pretty confident the agent has to make a reasonable attempt to let it out as soon as possible.

I would suspect the new contract doesn't kick in until the 15th December so they should formally give notice and see what ensues.
I would think that worst case they might have to pay a month or twos rent on the old flat.

Is the flat even habitable?
 
I'd be asking the bf why they are being targeted if your sis has no idea, very strange if there was no fancy car outside.

Best talking to citizens advice or similar really.

She did until recently have an Audi S5 but that involved in an accident about 3 weeks prior and has been at the bodyshop. She's been driving a 11 year old BMW 1 series since. The BF hasn't 'made enemies' either and drives a van.

Not sure of the legal details but I'd be pretty confident the agent has to make a reasonable attempt to let it out as soon as possible.

I would suspect the new contract doesn't kick in until the 15th December so they should formally give notice and see what ensues.
I would think that worst case they might have to pay a month or twos rent on the old flat.

Is the flat even habitable?

It's a house. The police ensured the glass door was covered up suitably before they left at about 3am but CCTV has the attackers returning (for a few seconds) at 4am looking for something in the garden. A few walls have been repainted by friends to get the blood off them, apart from that the property is habitable.

They will happily leave today with the EA keeping all the money they hold (2 months rent and deposit) if they can ensure they won't be chased through the courts in the future for another 10 months rent.
 
House has no driveway so they park on the street (on the opposite side and never normally outside their house). They are not decent earners (just a couple living in Surrey).

Wow...the cost of living in Surrey :(

No offence intended with the assumption.

You mention she used to drive an S5. I girl at work in my office got "car jacked" after dropping her child at nursery in Coventry a few months back, they'd been following her a while and waiting for their chance. She had a 17 plate A5.
 
Does the contract mention anything about subleting the house?

If they find a replacement they dont have to pay commission or references but would still ultimately be liable
 
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