Legal standing regarding rent payment amid property handover delay?

Legal standing regarding rent payment amid property handover delay?

0:02 AM, 8th December 2023, About 3 months ago 4

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Hello, I have leased a one-bedroom flat to a council since 2001 but after repeated requests to pay me near market rent, I gave them 3 months notice to repossess the property.

The council acknowledged my notice stating that my property will be handed back before or after 28th November depending on when it manages to relocate the current tenant.

In my notice, I had stipulated that I would expect to be paid market rent from the handover date of 28th Nov to the actual date of completion of the handover.

My property has not been handed over to me yet, so where do I stand legally as regards to the rent?

Thanks,

Mahendra


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Comments

Graham Bowcock

9:46 AM, 8th December 2023, About 3 months ago

Read the lease.

Hopefully the lease will set out how rent is assessed and how to end the arrangement?

If not you will need to see a lawyer.

Any other answer is merely a guess.

Darren Peters

10:42 AM, 8th December 2023, About 3 months ago

Does the Lease state '3 months' notice'?

Does the 3 months' notice you gave lead to an end date of 28 November?

Is there anything in the Lease that allows the council to be flexible in over-staying the notice period?

In general if the council has made a contract with a subtenant that does not align with the notice period it agreed with you, then that is its problem, not yours. It can't create a contract with a 3rd party (its tenant) that overrides its contract with you without consequence unless you have agreed to the variation.

Get a solicitor.

David

11:09 AM, 8th December 2023, About 3 months ago

I'm surprised the Council gave you a specific date and I cant see how they can honour it given that they have to relocate/evict the occupant first and have little control over the timetable for that.

Judith Wordsworth

13:25 PM, 8th December 2023, About 3 months ago

What does your contract / tenancy agreement with the Council state as to rent and rent increases?

What does it state with regard to termination by either / both parties?

How long is the Term? How has it been renewed?

Is the rent compliant with the Local Authority's Housing Allowance.

What was their response in writing to your "I would expect to be paid market rent from the handover date of 28th Nov to the actual date of completion of the handover."? Did you formally give notice of the increase with an exact figure that the new rent would be?

Did you supply 3 Letting Agents rental valuations in your notice?

To be honest I doubt you have any legal right to charge the "market rent" as how have you determined what the market rent is.

If they paid you, even an arbitrary increase that could be tantamount to creating a new lease under the Terms of the existing agreement.

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