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  • FIRST POST
    • happyraveruk
    • By happyraveruk 15th Apr 17, 6:46 PM
    • 2Posts
    • 0Thanks
    happyraveruk
    Trouble with landlord
    • #1
    • 15th Apr 17, 6:46 PM
    Trouble with landlord 15th Apr 17 at 6:46 PM
    Hi newb here

    We have been renting from a private landlord for just over 7 years. No problems during that time, rent paid on time, bills paid etc. At the point of moving in landlord said he was happy for us to redecorate etc. Which we have but very neutrally. The house came supplied with freezer, dishwasher and cooker. All have which have broken and been replaced at full cost by myself, we're leaving the replacements when we go. I also paid him £250 last year to repaint the hallway due to wear and tear.
    Last year the landlord decided to sell, he met with the estate agents for the pics etc. and told the agents how delighted he was with the state of the house and what great tenants we'd been. He was totally happy with the state of the house.
    We made ourself available for every viewing and ensured the house was immaculate.

    Fast forward to April 2017. I get a call while Im off sick from work saying the landlord would be round in 1 hour to do a viewing, I quickly tidy up but dozed off on the sofa just before he arrived which meant he was knocking on the door for 5 minutes. Everything changed.......

    He came back an hour later and served me 60 days notice to be out by 17/5. Fair enough, up to him, the couple put an offer in anyway so moot point.

    We started looking and immediately hit a brick wall, he refused a reference - no biggy, agents knew him and weren't surprised so accepted bank statements.
    He has repeatedly stated that the house must be precisely as it was when we moved in - he clearly has desires on my £950 deposit !

    Onto my point

    He hasn't put a money in a TDP, claims it was in his own companies scheme but is now in his safe - I have this in writing.
    I have now served notice as we found somewhere to go but he is stating that we must pay for the full month as we have decided to move out. His notice to us was for 17/5, ours was for 15/5. He states that it is in our tenancy. It's not, in fact the tenancy states 'rent will be prorated if the tenancy doesn't start on the first day of the month or for any other partial month of the term.
    I intend to pay for my 15/31 days on the 1/5. At that point he will likely kick right off.
    I'm worried to find I'll come home one day to find my belongs on the front lawn !

    Anyone got any advice ? I've already mailed him stating about the partial rent/TDP.

    Rich
Page 1
    • newbie1980
    • By newbie1980 15th Apr 17, 6:55 PM
    • 1,807 Posts
    • 22,412 Thanks
    newbie1980
    • #2
    • 15th Apr 17, 6:55 PM
    • #2
    • 15th Apr 17, 6:55 PM
    first thing buy couple of cheap locks and change yours until you leave

    most can be brought for £10 or so

    he has no right to enter your property at all
    • anselld
    • By anselld 15th Apr 17, 7:04 PM
    • 5,162 Posts
    • 4,709 Thanks
    anselld
    • #3
    • 15th Apr 17, 7:04 PM
    • #3
    • 15th Apr 17, 7:04 PM
    Read the agreement again as far as notice and termination are concerned because the bit you mentioned was about pro-Rata rent at the start of the tenancy not the end.

    However, L is still in the wrong in that ..
    (1) He cannot demand return condition as it was 7 years ago. He must allow fair W&T which fairly much rules out a claim for decorating.
    (2) He has failed to protect deposit so you can sue for up to 3x deposit plus return.
    • happyraveruk
    • By happyraveruk 15th Apr 17, 7:37 PM
    • 2 Posts
    • 0 Thanks
    happyraveruk
    • #4
    • 15th Apr 17, 7:37 PM
    • #4
    • 15th Apr 17, 7:37 PM
    Anselled, thanks for replying.

    That is the only mention of rent, I read it as 'or any other partial term'.

    That said, he served us notice to be out on the 17/5 - surely he couldn't demand that we pay the full month ?
    We then served notice to leave on the 15th, we are only going cos he served notice.

    Should I pay up until the 17th or am I liable for the full amount. There is no reference to rent when leaving in the tenancy.

    Rich
    • Arleen
    • By Arleen 15th Apr 17, 7:51 PM
    • 838 Posts
    • 611 Thanks
    Arleen
    • #5
    • 15th Apr 17, 7:51 PM
    • #5
    • 15th Apr 17, 7:51 PM
    Inform the landlord that by not protecting your deposit he has no right to serve you a notice and is liable for up to three times the amount. Add that you will gladly let it go for the prompt return of said deposit and letting you go at whatever date you pick, paying only pro-rated rent.

    Put it in nice terms and explain how it benefits both of you - he gets his property when he wanted, and you are free to move on with your life too. Add that you understand that he may have just put the deposit in safe by mistake, it happens, but the way to fix is now is to simply return it to you now, in full, and let bygones be bygones.

    And change the locks until swapping them back when you vacate the property.
    • saajan_12
    • By saajan_12 18th Apr 17, 2:42 PM
    • 461 Posts
    • 288 Thanks
    saajan_12
    • #6
    • 18th Apr 17, 2:42 PM
    • #6
    • 18th Apr 17, 2:42 PM
    Hi newb here

    We have been renting from a private landlord for just over 7 years. No problems during that time, rent paid on time, bills paid etc. At the point of moving in landlord said he was happy for us to redecorate etc. Which we have but very neutrally. The house came supplied with freezer, dishwasher and cooker. All have which have broken and been replaced at full cost by myself, we're leaving the replacements when we go. I also paid him £250 last year to repaint the hallway due to wear and tear. - good.
    Last year the landlord decided to sell, he met with the estate agents for the pics etc. and told the agents how delighted he was with the state of the house and what great tenants we'd been. He was totally happy with the state of the house.
    We made ourself available for every viewing and ensured the house was immaculate. - good

    Fast forward to April 2017. I get a call while Im off sick from work saying the landlord would be round in 1 hour to do a viewing, I quickly tidy up but dozed off on the sofa just before he arrived which meant he was knocking on the door for 5 minutes. Everything changed.......You may have gone over and above, but while its a shame the positive relationship isn't continuing, it doesn't help your current situation.

    He came back an hour later and served me 60 days notice to be out by 17/5. Fair enough, up to him, the couple put an offer in anyway so moot point.- I assume you mean a Section 21 notice giving 2 months notice that the LL may go to court.. you don't have to leave when the notice expires.

    We started looking and immediately hit a brick wall, he refused a reference - no biggy, agents knew him and weren't surprised so accepted bank statements.
    He has repeatedly stated that the house must be precisely as it was when we moved in - he clearly has desires on my £950 deposit ! - ignore him. Leave the house in the same condition less fair wear and tear (so make good any damage/unauthorised changes, remove all posessions and leave it in the same level of cleanliness as the inventory)

    Onto my point

    He hasn't put a money in a TDP, claims it was in his own companies scheme but is now in his safe - I have this in writing.- ahh so check all three schemes to be sure, but the Section 21 notice is likely invalid. Also you are entitled to 1-3x the initial deposit as a penalty if you sue him for this (on top of any deposit to be returned).
    I have now served notice as we found somewhere to go but he is stating that we must pay for the full month as we have decided to move out. - Was this a contractual periodic tenancy (terms outlined in your original contract) or a Statutory Periodic Tenancy? If SPT, your notice should have aligned with tenancy periods. Sounds like this means it should expire on 31/5 so the LL would be right. His notice to us was for 17/5, ours was for 15/5. He states that it is in our tenancy. It's not, in fact the tenancy states 'rent will be prorated if the tenancy doesn't start on the first day of the month or for any other partial month of the term. So rent should be prorated IF the tenancy ends part way through a month, but what isn't clear is whether your notice can validly end part way through a month. Reread and quote any clauses the tenancy becoming periodic and about notice in your original agreement. If there's no mention of periodic, you will likely be on a SPT in which case your notice can only expire on 30.5 at the earliest anyway, so there would be nothing to prorate.
    I intend to pay for my 15/31 days on the 1/5. At that point he will likely kick right off.- ok. Note the rules about notice so he may be right, in which case the remaining rent may be legitimately deducted from your deposit.
    I'm worried to find I'll come home one day to find my belongs on the front lawn ! - That would be illegal eviction which has harsh concequences for the LL, making it unlikely they would go that far. If you are worried about that, change the locks (and change back when you leave).

    Anyone got any advice ? I've already mailed him stating about the partial rent/TDP.

    Rich
    Originally posted by happyraveruk
    Reread your initial tenancy agreement about any mention of it becoming periodic and any clauses about notice. Given the deposit return / deposit protection / both potentially invalid notice issues, I would try to come up with a mutual agreement with the LL to terminate the tenancy on a certain date, paying rent pro rata and receive back your full deposit in return for not pursuing the deposit protection compensation, or whatever you agree. No point both parties elongating the tenancy more than needed or going to court for compensation or dealing with the deposit scheme for deposit return.
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