| Archive for Downsizer For an ethical approach to consumption |
| LynneA |
Urgent: Landlord / Tenant advice neededWe have to move out of our current home by 30th June (other tenants moved out in April, so Landlord gave us notice, saying he was going to do it up to sell)He's now hassling us as to when we're going, as he says he's not earning enough money from the house with just us here. He says he needs to decorate the other rooms and do up the bathroom starting this week, and wants to come over in the evenings. Howard has said absolutely not, but the landlord has no concept of consideration of others. His family think that because they own the house, they can do what they like with it. We'd love to move out, but haven't found anywhere yet. There's been so much dishonesty from the landlord and his family (claiming he'd had a break-in and wanting rent in cash, then the apparently stolen car returning a few weeks later, saying he's selling one day, then wanting to do it up for tenants the next). I'm frightened to go in the bathroom, for fear I step out to a landing full of builders... And obviously, there's no way we trust him to give a reference or give our deposit back. |
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| Chez |
Do you have a contract or tenancy agreement? I think I am right in saying that if you *don't*, you are automatically on an assured shorthold, which means that he is legally within his rights to give you notice as he has done :/.
I don't think he *is* allowed to come in without your permission - but it's so difficult to stop, and it sounds to me like he's trying to make you leave early by being unreasonable. Do you still pay in cash? And if so, does he declare it? If he doesn't, you may have something to negotiate with there. Personally, I would delay paying the last month's rent until the last possible minute and then flit and let him keep the deposit ... but I am a cynical person who has had too much experience with dodgy landlords  .
Good luck - I empathise, it's horrible, feeling so unsettled. |
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| Jonnyboy |
If you don't trust him then hang on to the deposit. Did the other tenants get theirs back? | ||
| Mary-Jane |
Not my area of law I'm afraid Lynne - but this may help a bit.
Entry The property may be the tenant’s home, but the landlord retains certain rights of entry. This does not mean he or she can pop in unannounced whenever desired but, with at least 24 hours' notice, the landlord may visit at his or her discretion. Where repairs are necessary, the landlord has a right to ‘reasonable access’. What ‘reasonable access’ means depends on why they need to gain access. For example, in an emergency, the landlord is entitled to immediate access to carry out work, but he or she does not have a right to enter without notice in any other circumstances, unless a court order has been obtained. Repair Tenants have a right to live in accommodation that has been kept in a reasonable state of repair, but they are also under an obligation to look after the property themselves. A tenant’s responsibilities for repairs should be outlined in the tenancy agreement, as should the landlord’s. By law, the landlord has a duty to maintain the property, no matter what is written in the tenancy agreement. This applies to: The structure and exterior of the premises (walls, floors, roof, window frames, etc) and drains, gutters and external pipes. It also includes garden paths and steps. The water and gas pipes and electrical wiring. The basins, sinks, baths and toilets. Fixed heaters and water heaters, but not gas or electric cookers. Safety The landlord is responsible for ensuring that any electrical appliances supplied meet safety standards. If a tenant is concerned that an appliance is not safe and the landlord will not cooperate, then he or she should contact the trading standards department of the local council. The landlord is also responsible for having gas appliances checked at least every 12 months. The inspection must be carried out by a CORGI-approved engineer. Tenants are entitled to see the record. If the landlord does not arrange for checks or refuses to show the record, the tenant should contact the local Health and Safety Executive office. Landlord harassment If tenants are unsure about their rights they should always seek legal advice or contact the local Citizens Advice Bureau, who will offer an independent, professional service. However, it is an offence for a landlord to: Repeatedly disturb tenants late at night or with noise. Obstruct access to the home. Disconnect supplies of water, gas or electricity that result in the tenant leaving or being unable to assert their rights. Deposits If a tenant has paid a security deposit to the landlord at the start of a tenancy, this should be returned if the property is left in good condition and there are no arrears. If the landlord refuses to return the deposit or makes deductions, the tenant should check the terms of the tenancy agreement to see what the deposit was supposed to cover. In cases of damage to property, it is often cheaper for the tenant to make good the damage before the landlord comes to inspect the property. The small claims procedure in the county court may be the only way to get the deposit back if a landlord continues to refuse to reimburse it. If you have any further worries I would strongly recommend seeing a solicitor who specialises in Landlord and Tenant Law - I know enough to appreciate that it's an absolute minefield and I would hate for you to be 'caught out' in any way for the price of a fixed fee consultation. |
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| dpack |
if he is keen for you to move soon ask for the next month free of rent to speed the process by giving you the deposit for the next place
check your paperwork with a l and l specalist be careful and suspicious search for new acc but try not to be out of the pan into the fire private renting is vile usually . |
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| woodsprite |
You have my sympathies Lynne, we have privately rented for a long time now and the law is defo on the side of the landlord. Our last one doubled the rent and we didn't have a leg to stand on.
I dream of a place of our own but in reality in ain't gonna happen. |
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| bernie-woman |
Mary-Jane is right that he can access the house to do maintenance, repairs or decoration but it has to be 'reasonable'. I would say that there needs to be some negotiation on what that is and if you need a reference for your next property then use that as a bargaining tool.
Regarding when you leave - as far as your landlord is concerned he can only expect you to be gone by 30th June legally but again this could be a bit of a bargaining tool if needed. Do pop to your local CAB if you have any other quesries - they will have a housing caseworker (usually) who you can talk to or ring Shelter - they have a freephone number where you can get advice re: your rights and responsibilities and getting re-housed http://england.shelter.org.uk/home/index.cfm |
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| LynneA |
Went to the borough CAB this morning, but they can only see 8 cases a day, so got info on the nearest Law Centre, which opens for phone advice Wenesday lunchtime.
We're going to see a place tomorrow night. It's with the same agency that the other tenants found their place from, and as they signed contracts and got the keys before telling our corrent landlord they were going, there doesn't seem to be a need for references. Just have to wait and see if he tries to troop his family over tonight. I'm planning to wander round in my dressing gown, hinting I was about to have a bath if they do turn up.... 
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| Chez |
Good for you. Try wandering around naked if they *do* actually arrive. Years ago I accidentally flashed the postman and from then on our parcels *always* got delivered to next door  .
Good luck with the place you are looking at tomorrow. |