" You're Trespassing If You Stay In The Flat Beyond Last Day Of Your Notice!"

[0q0]

Having given Notice to the LL to say bye bye in a month (a month being the correct notice if served day before payment due) I called the council's private tenant advice line for a chat. I got the assistant.

What happens if I'm still in the flat the day after my notice period ends? - I asked.

She went away from the phone to find out.

She came back some mins later and sweetly replied that it's trespass and the LL can sue me for damages and lost revenue from the tenant after me.

"But I thought it was up to the LL to have possession before agreeing a new tenant" I said.

"No, that's only if the LL gives you Notice, not when you give the LL Notice. You've given up your tenancy," came the reply.

"But if I volunteer to give rent after the Notice period to the LL how can it be trespass?" I asked

"If he doesn't agree to it, then it's Trespass, but it'd cost him to go to court so he might just take the rent anyway."

So, here we have some difference to what I'd thought before. Or is the council TLO assistant wrong?

Discuss

Edited July 24, 2008 by The Last Bear

[Matt Henson]

Having given Notice to the LL to say bye bye in a month (a month being the correct notice if served day before payment due) I called the council's private tenant advice line for a chat. I got the assistant.

What happens if I'm still in the flat the day after my notice period ends? - I asked.

She went away from the phone to find out.

She came back some mins later and sweetly replied that it's trespass and the LL can sue me for damages and lost revenue from the tenant after me.

"But I thought it was up to the LL to have possession before agreeing a new tenant" I said.

"No, that's only if the LL gives you Notice, not when you give the LL Notice. You've given up your tenancy," came the reply.

"But if I volunteer to give rent after the Notice period to the LL how can it be trespass?" I asked

"If he doesn't agree to it, then it's Trespass, but it'd cost him to go to court so he might just take the rent anyway."

So, here we have some difference to what I'd thought before. Or is the council TLO assistant wrong?

Discuss

Trespass is not so much a law as a an means of recompense where you can take action if you suffer some cost/tort/damage as a result of the action of trespassing. You see signs saying "trespassers will be prosecuted" but what for, breaking blades of grass, the only thing you can is charge them on some kind of public order offence if you refuse to leave or in the case of agrrevated trespass you intend to harm a person on their land.

In effect if you stay beyond your contracted or authorised period you are trespassing but the LL can not charge you for the act of trespass on the losses he incures having you on his property (loss of rent, cots etc.). That said that is an expensive process, it is more likley that you are in breach of a section 21 notice.

I know you are worried about not finding a new place but most LL will negociate of the actual day you leave, after all the longer you stay the longer he has to find a new tenant

Edited July 24, 2008 by Matt Henson

[0q0]

Trespass is not so much a law as a an means of recompense where you can take action if you suffer some cost/tort/damage as a result of the action of trespassing. You see signs saying "trespassers will be prosecuted" but what for, breaking blades of grass, the only thing you can is charge them on some kind of public order offence if you refuse to leave or in the case of agrrevated trespass you intend to harm a person on their land.

In effect if you stay beyond your contracted or authorised period you are trespassing but the LL can not charge you for the act of trespass on the losses he incures having you on his property (loss of rent, cots etc.). That said that is an expensive process, it is more likley that you are in breach of a section 21 notice.

I know you are worried about not finding a new place but most LL will negociate of the actual day you leave, after all the longer you stay the longer he has to find a new tenant

Thanks Matt. I've not been sectioned yet

(nor Section 21ed)

I live in hope! Might be the only way I realistically get out of here!

Big Issue sir?

Big Issue madam?

(no don't flame me, just being a bit silly, no disrespect to the homeless!)

[JohnnyB]

Thanks Matt. I've not been sectioned yet

(nor Section 21ed)

I live in hope! Might be the only way I realistically get out of here!

Big Issue sir?

Big Issue madam?

(no don't flame me, just being a bit silly, no disrespect to the homeless!)

Have you given notice that you are leaving already?

If so then unfortunately you have dug your own hole there. You'd have been better waiting until you had a new place secured before giving notice on your current place.

[0q0]

Have you given notice that you are leaving already?

If so then unfortunately you have dug your own hole there. You'd have been better waiting until you had a new place secured before giving notice on your current place.

Long story, Johnny, had little option due to various factors including, but not limited to, problems with new tenants in adjoining flats.

Edited July 24, 2008 by The Last Bear

[renterbob]

Thanks Matt. I've not been sectioned yet

(nor Section 21ed)

I live in hope! Might be the only way I realistically get out of here!

Big Issue sir?

Big Issue madam?

(no don't flame me, just being a bit silly, no disrespect to the homeless!)

I would suggest the ladyeee on the phone has a boss who is also a BTLer and hates renting scum like us.

More fear tactics, if any LL takes a renters to court over this, they will lose, simple as that.

In fact, expect many, many cases of renters becomming squatters when they refuse to leave a place because they cannot afford to live elsewhere due to redundancy.

[DemolitionRed]

I would suggest the ladyeee on the phone has a boss who is also a BTLer and hates renting scum like us.

More fear tactics, if any LL takes a renters to court over this, they will lose, simple as that.

Oh no they wont and you should stop giving advise that could lead people into a heap of sh-t

If you really care about tenants rights then do some homework and understand that your silly suggestions could have consequences on the very people your trying to help.

[0q0]

Oh no they wont and you should stop giving advise that could lead people into a heap of sh-t

If you really care about tenants rights then do some homework and understand that your silly suggestions could have consequences on the very people your trying to help.

Actually Bob's right, they will lose, my dad's the district judge.

And my brother's a barrister (works at Starbucks!).

PS Who is the modellish lady in the avatar? She vaguely resembles an ex (I wish).

Edited July 24, 2008 by The Last Bear

[renterbob]

Oh no they wont and you should stop giving advise that could lead people into a heap of sh-t

If you really care about tenants rights then do some homework and understand that your silly suggestions could have consequences on the very people your trying to help.

are you for real?

you are an agent and landlord....why should we listen to you, and your colleagues who have been scamming renters for years.

do us a favour and go broke.....thankyou.

read this

http://www.housepricecrash.co.uk/forum/ind...showtopic=82857

and see how you agents treat us renters...

Edited July 24, 2008 by renterbob

[Planner]

Having given Notice to the LL to say bye bye in a month (a month being the correct notice if served day before payment due) I called the council's private tenant advice line for a chat. I got the assistant.

What happens if I'm still in the flat the day after my notice period ends? - I asked.

She went away from the phone to find out.

She came back some mins later and sweetly replied that it's trespass and the LL can sue me for damages and lost revenue from the tenant after me.

"But I thought it was up to the LL to have possession before agreeing a new tenant" I said.

"No, that's only if the LL gives you Notice, not when you give the LL Notice. You've given up your tenancy," came the reply.

"But if I volunteer to give rent after the Notice period to the LL how can it be trespass?" I asked

"If he doesn't agree to it, then it's Trespass, but it'd cost him to go to court so he might just take the rent anyway."

So, here we have some difference to what I'd thought before. Or is the council TLO assistant wrong?

Discuss

Ha ha ha what rubbish.

It must have been the cleaner or work experience girl that answered. I think the fact that who ever answered the phone had to go and ask someone else the answer to such a basic yet fundemental question gives an indication of the 'quality' of this particular Councils private tenant advice line!!

Edited July 24, 2008 by Planner

[0q0]

Ha ha ha what rubbish.

It must have been the cleaner or work experience girl that answered. I think the fact that who ever answered the phone had to go and ask someone else the answer to such a basic yet fundemental question gives an indication of the 'quality' of this particular Councils private tenant advice line!!

Hi Planner

Thanks for your advice before on the other thread, I appreciate it.

Bit of a long story but I've had to give notice here as things ain't good, so gotta go. Landlords have made some vague offer of a pro-rata nightly rate if I stay beyond the date I'm officially supposed to be out having given them a month's notice.

Council gal told me "You're not a tenant any more after that date as you gave notice, talk to the landlords to do a deal to continue paying rent if you're still in residence after the day of keys due back."

Part of the advice she had to go ask, but this bit she said without asking "The landlord only needs to have possession before letting it to new tenants if he has given you notice, not if you have given him notice."

Anyway, I think you sound like you know far more than she does, and in any case even if I stuck 2 fingers up and didn't pay a penny rent they still have to go to court. Given that I've not been late ever with the rent in years and years of renting and have been no trouble to anyone, I'd be surprised if a judge didn't grant me a few weeks extra to get out all things considered.

So I'm not going to worry, I will pay rent if I overstay, I'm not going to be a freeloader in any way, and I'll live in hope of getting my deposit back (my tenancy pre-dates the scheme).

So far though, can't find anywhere half decent and affordable, so not entirely peace of mindsville, but they can't kick me out without a court order which would take them 1 or 2 months anyway I believe.

And there's no way a new tenant will take it with the damp!

[Matt Henson]

No post....

Edited July 25, 2008 by Matt Henson

[DemolitionRed]

Actually Bob's right, they will lose, my dad's the district judge.

And my brother's a barrister (works at Starbucks!).

PS Who is the modellish lady in the avatar? She vaguely resembles an ex (I wish).

On a serious note The Last Bear, though Im seldom serious of late!, people from all directions should come on forums like this.

I remember the first post I ever wrote. Bobajob jumped straight on me telling me I was scum and saying 'WE' don’t want people like you round here.

If I wasn’t made of stronger stuff, which I am unfortunately for Bobajob, I would of left the forums and never written anything again.

Surely the mods on this site want to encourage all views, opinions and sometimes very possibly good advise from different angles? what’s the point of a one sided debate?

Why do they let him get away with his childish bullying campaigns?

I just wish his mum would come and collect him, slap his ar-se and tell him to grow up or shut up.

He's just a fool but I've had my fun and now he's starting to make me yawn!!!

Hmmm your Ex eh The Last Bear?!?! Did you ever work in Foxtons

[0q0]

On a serious note The Last Bear, though Im seldom serious of late!, people from all directions should come on forums like this.

I remember the first post I ever wrote. Bobajob jumped straight on me telling me I was scum and saying 'WE' don’t want people like you round here.

If I wasn’t made of stronger stuff, which I am unfortunately for Bobajob, I would of left the forums and never written anything again.

Surely the mods on this site want to encourage all views, opinions and sometimes very possibly good advise from different angles? what’s the point of a one sided debate?

Why do they let him get away with his childish bullying campaigns?

I just wish his mum would come and collect him, slap his ar-se and tell him to grow up or shut up.

He's just a fool but I've had my fun and now he's starting to make me yawn!!!

Hmmm your Ex eh The Last Bear?!?! Did you ever work in Foxtons

Hmm, whoever your squeeze was in Foxtons it wasn't me, I'm just plain old The Last Bear from Herts. I am not now and never have been a member of the communist party or an employee of Foxtons.

I think Bob and everyone would get along fine at a little drinks party, it's just that here online just as when you listen to a story on Radio 4 or read a book, people's imaginations and pent up frustrations from past stereotypes and encounters can overwhelm and cause simmering animoysity (might've spelt that wrong) to be vented at people who all would otherwise engage with much more good humour in a real life setting and dissolve all their volatility into mild disdain. (And after a few drinks probably everyone would be snoggin', especially whoever is in that avatar, not 'arf.)

Tell you what though, my real life landlord and the agents here are a right bunch of wotsits, and that's for real. I'm extremely pleasant to them as I remain my usual cool self, but inside I'm slapping them about with a large wet fish until they show some respect and humility. They all end up incontinent in an old folks' home in the end, they'd do well to remember that methinks!

[Matt Henson]

On a serious note The Last Bear, though Im seldom serious of late!, people from all directions should come on forums like this.

I remember the first post I ever wrote. Bobajob jumped straight on me telling me I was scum and saying 'WE' don’t want people like you round here.

If I wasn’t made of stronger stuff, which I am unfortunately for Bobajob, I would of left the forums and never written anything again.

Surely the mods on this site want to encourage all views, opinions and sometimes very possibly good advise from different angles? what’s the point of a one sided debate?

Why do they let him get away with his childish bullying campaigns?

I just wish his mum would come and collect him, slap his ar-se and tell him to grow up or shut up.

He's just a fool but I've had my fun and now he's starting to make me yawn!!!

Hmmm your Ex eh The Last Bear?!?! Did you ever work in Foxtons

DR I had an interesting time when I joined the board, I tend to look after the places I rent and mend the little things that LL's are rarely likely to do unless you nag them to death. I also have a horid LL who would accuse us of breaking things that broke through wear and tear (she would call the bloody spanish inquisition!) so it was less hassle just to sort them (leaking tiles in the shower for example)

I made this suggestion on a thread and had a vociferous attack from a chap call SouthSea (there is even a whole range of threads starting "Matt the cheese dick" further down, anyway we ended up playing the silly who's still at school game and then it turns out that SouthSea the poor fellow is actually quite mentaly ill at the moment and suffering quite badly. In the end we got on quite well!

Because you can't see somebody you have no way of knowing who they are and by the way Bob posts and has no proper answer when challenged would suggest to me that he is a teenager or he too has a mental illness which may explain why he has problems renting and hence how he is treated by LL/LA's

Bob which is it... teenager or medication not strong enough?

Edited July 25, 2008 by Matt Henson

[renterbob]

On a serious note The Last Bear, though Im seldom serious of late!, people from all directions should come on forums like this.

I remember the first post I ever wrote. Bobajob jumped straight on me telling me I was scum and saying 'WE' don’t want people like you round here.

If I wasn’t made of stronger stuff, which I am unfortunately for Bobajob, I would of left the forums and never written anything again.

Surely the mods on this site want to encourage all views, opinions and sometimes very possibly good advise from different angles? what’s the point of a one sided debate?

Why do they let him get away with his childish bullying campaigns?

I just wish his mum would come and collect him, slap his ar-se and tell him to grow up or shut up.

He's just a fool but I've had my fun and now he's starting to make me yawn!!!

Hmmm your Ex eh The Last Bear?!?! Did you ever work in Foxtons

You've been here 5 min and already began crying like a little baby, but you are clearly exploiting the renters in the market, and this is morally resprehensible, in my opinion.

These are familes, lives, and you and your little property empire will no doubt exploit these poor renters to the max.

I stand up for renters rights, and as your are an agent and a landlord, that is not your interest.

Your vested interest is to make money. That is your bottom line. You are here to exploit fully, any weakneses in the renters views.

Your ridiculous whining and whinging makes one think your business is not doing well.

Oh yes, the HPC is accelerating.

Long may it do so.

How many more renters here have actually sopped posting because of the likes of yourself and Matt, twisting all the legal speak into your own advantage.

Well, many will return.

RENTERS UNITE!!

[renterbob]

On a serious note The Last Bear, though Im seldom serious of late!, people from all directions should come on forums like this.

I remember the first post I ever wrote. Bobajob jumped straight on me telling me I was scum and saying 'WE' don’t want people like you round here.

If I wasn’t made of stronger stuff, which I am unfortunately for Bobajob, I would of left the forums and never written anything again.

Surely the mods on this site want to encourage all views, opinions and sometimes very possibly good advise from different angles? what’s the point of a one sided debate?

Why do they let him get away with his childish bullying campaigns?

I just wish his mum would come and collect him, slap his ar-se and tell him to grow up or shut up.

He's just a fool but I've had my fun and now he's starting to make me yawn!!!

Hmmm your Ex eh The Last Bear?!?! Did you ever work in Foxtons

You wanna slap my a** and you say I'm a bully....

So then, you're a FOXTONS girl.....welcome Foxtons girl

Excellent, fuel to the fire.

Now then, stop whinging and go to the dole, immediately.

[JohnnyB]

You've been here 5 min and already began crying like a little baby, but you are clearly exploiting the renters in the market, and this is morally resprehensible, in my opinion.

These are familes, lives, and you and your little property empire will no doubt exploit these poor renters to the max.

I stand up for renters rights, and as your are an agent and a landlord, that is not your interest.

Your vested interest is to make money. That is your bottom line. You are here to exploit fully, any weakneses in the renters views.

Your ridiculous whining and whinging makes one think your business is not doing well.

Oh yes, the HPC is accelerating.

Long may it do so.

How many more renters here have actually sopped posting because of the likes of yourself and Matt, twisting all the legal speak into your own advantage.

Well, many will return.

RENTERS UNITE!!

bob, you claim to stand up for renters rights, but in order for there to be any renters there must surely also be landlords, should there not?

I've had many a crap landlord who just wants to milk the cash while putting no work in, but i've also had good landlords who are happy to sort out problems and answer any questions or concerns we have.

I'm against the spate of recent fly-by-night landlords that the HPI has caused, people who wanted a property for their pension because they failed to save any money for a pension over the past 40 years, but there are people who have been renting out property professionally for years and treat it like a business and value their customers.

You're blinkered 'landlords are all evil' viewpoint just turns people off what you are saying, even if it happens to be a quite relative and informative point.

If you stood up for renters rights then you would surely have to act as an advocate for good landlords, at least as much as you deride bad landlords, as a good landlord is crucial to upholiding the rights of tenants, but without landlords then there are no tenants and you would be living with your parents until you could afford to buy.

Edited July 25, 2008 by JohnnyB