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harpyemma
Posts: 9 Forumite
Hi all, i'm hoping you can help me.
I'm a Master's student who moved to a new city last Sept to begin studying. I moved into a shared house with an old friend and two of her friends (one of whom turned out to be a violent criminal obsessive who has threatened to kill us and damaged some property, but that's not exactly related to my query). I was away when they all signed the contract, and the landlord left it in the house for me to sign... and i never have. He hasn't brought it up. As with most student housing, we were also "required" to provide a guarantor. I never did; the landlord never brought it up (perhaps because my parents are the ones who pay the rent anyway, as a loan).
Since the beginning of the tenancy, there have been innumerable problems with the house. We have had a cockroach problem since Sept. that the LL refuses to deal with; we have mice; we have poor insulation so the house is always freezing; we have mould; we have surprise visits from him without any notice; the guy is a massive sexist; and, most recently, a pipe burst in our bathroom, flooding below the floor, making several holes in the ceiling below and flooding the kitchen. The landlord refused to call an emergency plumber and although the pipe in question has been fixed and replaced, i'm concerned that it is we, the tenants, who will have to foot the bill for that (and other problems with the house) through the full or partial withholding of our deposits.
On the note of deposits, i learnt a few weeks ago that the LL has not put our deposits in a deposit protection scheme. When i asked him about it, he a) treated me like an idiot because i'm a woman and b) gave the excuse that "the house is worth over a hundred thousand pounds; why would i run off with a few hundred pounds of deposits?". He also said that putting the money into a DPS would cost him money and he doesn't want to pay--so the money is in his wife's RBS savings account.
Also, i'm fairly certain (my dad is a firefighter) that the house is not adequately fireproofed for an HMO.
What my dad has suggested is that he not pay the final month's rent, as he doesn't imagine i'll see any of my deposit again. Given that i haven't signed a contract and have no guarantor, where do i/my parents stand legally? Can i walk away from the house at any time?
EDIT: we also weren't provided with an energy certificate for the property or an inventory. We also have an issue with the house's drainage system--all the waste water/etc.--from the sinks and the bath--is flowing out into the yard (rather than draining away), thence into the ginnel.
I'm a Master's student who moved to a new city last Sept to begin studying. I moved into a shared house with an old friend and two of her friends (one of whom turned out to be a violent criminal obsessive who has threatened to kill us and damaged some property, but that's not exactly related to my query). I was away when they all signed the contract, and the landlord left it in the house for me to sign... and i never have. He hasn't brought it up. As with most student housing, we were also "required" to provide a guarantor. I never did; the landlord never brought it up (perhaps because my parents are the ones who pay the rent anyway, as a loan).
Since the beginning of the tenancy, there have been innumerable problems with the house. We have had a cockroach problem since Sept. that the LL refuses to deal with; we have mice; we have poor insulation so the house is always freezing; we have mould; we have surprise visits from him without any notice; the guy is a massive sexist; and, most recently, a pipe burst in our bathroom, flooding below the floor, making several holes in the ceiling below and flooding the kitchen. The landlord refused to call an emergency plumber and although the pipe in question has been fixed and replaced, i'm concerned that it is we, the tenants, who will have to foot the bill for that (and other problems with the house) through the full or partial withholding of our deposits.
On the note of deposits, i learnt a few weeks ago that the LL has not put our deposits in a deposit protection scheme. When i asked him about it, he a) treated me like an idiot because i'm a woman and b) gave the excuse that "the house is worth over a hundred thousand pounds; why would i run off with a few hundred pounds of deposits?". He also said that putting the money into a DPS would cost him money and he doesn't want to pay--so the money is in his wife's RBS savings account.
Also, i'm fairly certain (my dad is a firefighter) that the house is not adequately fireproofed for an HMO.
What my dad has suggested is that he not pay the final month's rent, as he doesn't imagine i'll see any of my deposit again. Given that i haven't signed a contract and have no guarantor, where do i/my parents stand legally? Can i walk away from the house at any time?
EDIT: we also weren't provided with an energy certificate for the property or an inventory. We also have an issue with the house's drainage system--all the waste water/etc.--from the sinks and the bath--is flowing out into the yard (rather than draining away), thence into the ginnel.
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Comments
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If he hasn't paid the deposit into a recognised scheme, I believe you can take him to court for 3 times the deposit, as landlords have a legal obligation to abide by the rules, but as your'e not technically a tenenat (it seems), I'm not sure how it would all work.
Someone will no doubt be along later today, who will know what you should do next.
Good luck with it all - landlords like this give them all a bad name.
Lin
You can tell a lot about a woman by her hands..........for instance, if they are placed around your throat, she's probably slightly upset.
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As for not signing the contract, that makes little difference, the fact that you have paid rent means that there is a tenancy in place with the main terms defined by default, AFAICS. The only difference is that if the contract to be signed gives joint and several responsibility as tenants, I don't see that this would be binding upon you. It is an obscure point, which would need to be argued legally but you may never need to go there.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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Take him for the 3 x deposit !! at least
Seems just the sort of LL who needs reminding what his responsibilities are.
Make sure you let the uni or college know so they can put a question make against him on any accommodation list they hold0 -
Sounds exactly like the kind of landlord the DPS was created for.0
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He can put the deposit into a scheme at any point and not get penalised so from what I have read on here getting 3x deposit is very unlikely. Depending on if you need a reference I would miss the last payment as well.:jMay 2013 new beginnings:j0
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Keeping_Positive wrote: »He can put the deposit into a scheme at any point and not get penalised so from what I have read on here getting 3x deposit is very unlikely. Depending on if you need a reference I would miss the last payment as well.
There's absolutely no reason that i can access why i would need a reference from him. What would i use it for?0 -
Your next landlord may ask for references.0
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Have your parents signed anything like a deed accepting their roles as guarantors for you rent? I think you need to read that unsigned rental agreement to understand whether your are all on a "joint and several" tenancy. Your folks not paying your last month's rent could result in all of your deposits being retained as a result.
There not being an inventory at the start of the tenancy means that no legitimate deductions can be made from the deposits as the LL will have no documentary evidence of the condition of the property and it fixtures at the start of the tenancy.
I think you should consider getting the Local Authority's Environmental health bods involved if the LL won't address the issue of vermin. That drainage issue doesn't sound helpful at all.
Oh, and these "surprise visits" are unacceptable. You could consider changing the barrels of the locks of the front and back doors but doing this could result in unexpected consequences from the sounds of it which may not be helpful.0 -
BitterAndTwisted wrote: »Have your parents signed anything like a deed accepting their roles as guarantors for you rent? I think you need to read that unsigned rental agreement to understand whether your are all on a "joint and several" tenancy. Your folks not paying your last month's rent could result in all of your deposits being retained as a result.
Absolutely nothing has been signed by me or my parents. The only thing that's in place is the standing order that comes from my parents. Regarding the tenancy agreement, it definitely specifies that tenants are jointly and severally liable for rent. That being said, the document strikes me as quite bizarre. Unlike previous tenancy agreements i've signed, which have run to 5-6 pages at least (in 10 or 12-point font), this agreement covers just 3.5 sides in 14-point.There not being an inventory at the start of the tenancy means that no legitimate deductions can be made from the deposits as the LL will have no documentary evidence of the condition of the property and it fixtures at the start of the tenancy.
This bodes well for us legally, i would assume? But it doesn't sound like an easy battleOh, and these "surprise visits" are unacceptable. You could consider changing the barrels of the locks of the front and back doors but doing this could result in unexpected consequences from the sounds of it which may not be helpful.
The tenancy agreement says "the tenant will... allow the landlord access at reasonable hours of the daytime... the landlordmay need immediate access... to allow future, prospective tenants to enter and view the property". I'm guessing, though, that this doesn't mean the landlord can spring visits from on us without due (24hrs) notice--whatever the contract says?
I'm already getting the firefighters round to confirm the property doesn't comply with the law--hoping they'll lump the !!!!!!! with a hefty fine. After that, i'll see about getting environmental health on the case, too.
This guy is taking advantage of students he thinks are mugs. And he's sexist with it. I want to make things as difficult for him as possible, if i can.0
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