Flat rental and contracts
Flat rental and contracts
Author
Discussion

trooperiziz

Original Poster:

9,457 posts

275 months

Wednesday 14th June 2006
quotequote all
Current situation:

I own a flat which i'm currently in the process of selling to the current tenants. The rental contract has run out, however they are still paying me the rent every month until the sale goes through (which should be finalised in the next week or so).

I'm in the process of buying a new build property which won't be completed till around October.

I'm currently living in a rented flat and my rental contract runs out mid-july, however i'm pretty certain the landlord believes I am contracted in till mid-january next year (very poor management company who sent out the contract dated incorrectly, as i was on a rolling 6 months when the landlord decided he'd like to up that to 12 months, I said ok on the phone, but the contract that actually got sent to me was for 6 months, I signed that, sent it back and haven't heard anything since) I've not heard anything from the management company telling me i need to sign a new contract, or that the place is up for rental/sale, as per the other time my contract was about to run out.

I'm planning to keep paying the rent as normal, but when the new house is ready give one months notice, move out and stop paying rent, as I wouldn't be breaking contract as far as i can tell.

Is there any chance that would be a bad move or i can be booted out in the next few months if they realise I am no longer under contract?



Edited by trooperiziz on Wednesday 14th June 16:39

maxed

1,001 posts

243 months

Wednesday 14th June 2006
quotequote all
trooperiziz said:
Current situation:

i'm currently in the process of selling the current tenants.


How much are you getting for them ?

trooperiziz

Original Poster:

9,457 posts

275 months

Wednesday 14th June 2006
quotequote all
maxed said:
trooperiziz said:
Current situation:

i'm currently in the process of selling the current tenants.


How much are you getting for them ?


50p and a packet of crisps

maxed

1,001 posts

243 months

Wednesday 14th June 2006
quotequote all
trooperiziz said:
Is there any chance that would be a bad move or i can be booted out in the next few months if they realise I am no longer under contract?



Edited by trooperiziz on Wednesday 14th June 16:39


Can't see that's a prob.
Legally you are required to give 1 months notice
Landlord has to give 2 months notice

Can i have the packet of crisps now?

jamesuk28

2,176 posts

276 months

Wednesday 14th June 2006
quotequote all
NO.1 They cant just simply boot you or anybody out. They could serve a notice to quit which is usually sent with the contract. Did you get the notice? if so technically you have already been told to leave when the incorrectly dated contract expires.

Even if that is the case they cant simply force you to leave, they would need to serve an order for possession through the courts.

If you leave when your new property is ready, they cant really do a lot apart from claim "common mistake" ie the management company made a mistake with the contract, but you were aware of it. That would however entail a legal case which nobody would want, and would be highly unlikely.

Basically I would wait until your new home is ready, give notice, wait for the "you cant leave your under contract" and reply "No I aint" chances are the management company will get a bollocking and loose the management of the flat.