Landlord / experienced tenant opinion please!**UPDATE-LL ENTERED HOUSE ILLEGALLY?**

emsywoo123

Hi:D
I have been renting my property with DD (just turned 5) for 2.5 years on an AST. I have been having problems with the loo (do not insert your own jokes here!) and I called my LL today to advise him of the problem.
Now I have not seen him since I signed the original tenancy. And I have spoken to him once, as there was a problem with a door lock. He let me call a locksmith and he picked up the bill. So I assumed he would just send a plumber. Lovely
But no..........
He is going to "pop over" on Monday and sort it. I explained I would be at work, but he said "I've got a key, will let myself in":eek:
I was compeltely thrown off guard and agreed. Luckily, my mum will come over and look after DD here instead of her house, so at least she will be here, but I assume he will have a look about.
Now, I have nothing to hide (I hope!!) but DD has put stickers round the house, adn tehre are scuff marks etc on paintwork. There is no massive damage, holes in walls or anything, but what will his reaction likely be? freak at the stickers? Boot us out? I am ridiculously paranoid, as this house is perfect in lcoation, price and everything.
So basically, (cutting the waffle) what would cause a LL concern at this little "pop round?"
Many thanks in advance from a worried emsywoo!:o

**UPDATE**
Went out today, popped round to my parents, LL called while I was there to tell me he had been at mine today, let himself in, fixed loo. Wants me to call him. I am furious, feel completely violated. No doubt some will think this is over the top, but what is I had been in the bath? Changing DD? He did not make any effort to call me to tell me he was coming toady instead of tomorrow.
Please can I have some advice?
Thanks.

huntersc

He's unlikely to kick you out, that would be going too far, He has a deposit and I'm sure will give you a chance to put things right at the end of the tenancy. You have a 5 year old, of course there's going to be collateral damage to the property If he's a long term landlord then trust me, he's seen a LOT worse than anything your or your LO could do.

emsywoo123

huntersc wrote: »

He's unlikely to kick you out, that would be going too far, He has a deposit and I'm sure will give you a chance to put things right at the end of the tenancy. You have a 5 year old, of course there's going to be collateral damage to the property If he's a long term landlord then trust me, he's seen a LOT worse than anything your or your LO could do.

Thank you, he has a substantial deposit, which is not in a scheme, not sure if it needs to be.............
He has rented the house out since the 80s i do believe........

Lavendyr

If you haven't signed a new agreement since April 07 then it does not need to be registered in a scheme. If you have, however, then it should be protected.

With regards to him seeing the situation of the property, personally I would just tidy up as much as I could, but not go overboard - it's not an inspection, he is not there to check out the rest of the house, he is there to fix a problem you are having. If he starts fussing about stickers and scuffs in spite of the sizeable deposit you say he holds, then he is far from being a decent landlord. Unfortunately if you are on a statutory periodic tenancy, he can give you notice to leave for any reason, but a sensible landlord wouldn't want to risk a void by doing so, especially if he holds a deposit against damage.

For future reference, it doesn't matter whether or not he has a key and can let you in - if it's not an emergency, his visits should be by mutual arrangement. If the time on Monday was not convenient to you then he should suggest an alternative time, not simply say "it's OK, I have a key to let myself in". I understand that you agreed to it in this instance but it's just something to bear in mind should this happen again.

emsywoo123

Lavendyr wrote: »

If you haven't signed a new agreement since April 07 then it does not need to be registered in a scheme. If you have, however, then it should be protected.My first AST was signed MAy 06, then another May 07 , and nothing since then.

With regards to him seeing the situation of the property, personally I would just tidy up as much as I could, but not go overboard - it's not an inspection, he is not there to check out the rest of the house, he is there to fix a problem you are having. If he starts fussing about stickers and scuffs in spite of the sizeable deposit you say he holds, then he is far from being a decent landlord. Unfortunately if you are on a statutory periodic tenancy, he can give you notice to leave for any reason, how much notice does he have to give?but a sensible landlord wouldn't want to risk a void by doing so, especially if he holds a deposit against damage.He has a 6 week deposit.

For future reference, it doesn't matter whether or not he has a key and can let you in - if it's not an emergency, his visits should be by mutual arrangement. If the time on Monday was not convenient to you then he should suggest an alternative time, I did try, by explaining I was a t work and so he could not, that is whn he said he would let himself in, unless I had something to hide? not simply say "it's OK, I have a key to let myself in". I understand that you agreed to it in this instance but it's just something to bear in mind should this happen again.

Thank you for your reply, I have my fingers crossed. I simply couldn't afford to live anywhere else at the moment.:o

sooz

Did you sign a 12 month contract in May 07?

Then your deposit must be protected, & you should have been given info about it within 14 days.

If you did not sign another new contract in May 08, then you are on a statutory periodic tenancy, & he must give you 2 months' notice to leave, which will end the day before a rent day (well the form will say AFTER, but it means on )

Has he not been into the property since you moved in? I don't like the particular way he phrased it (something to hide) but you have asked him to fix something, & he's a) trying, and b) has given you over 24 hours notice

I'd tidy up a bit - scuff marks are to be expected after that length of time, children or not. However, I can't stand stickers (have 2 kids and a third on the way )... and wouldn't let my kids stick them to the walls. Are they just in her room (just about acceptable) or everywhere? Close the bedroom doors, & get your mum to let him into the bathroom.

emsywoo123

sooz wrote: »

Did you sign a 12 month contract in May 07?yes

Then your deposit must be protected, & you should have been given info about it within 14 days. nothing recived, and i did contact the 3 schemes as i thought thismight be the case, but they do not have it.

If you did not sign another new contract in May 08, then you are on a statutory periodic tenancy, & he must give you 2 months' notice to leave, which will end the day before a rent day (well the form will say AFTER, but it means on )

Has he not been into the property since you moved in? I don't like the particular way he phrased itI thought that, but maybe thought it was his idea of a joke>?! (something to hide) but you have asked him to fix something, & he's a) trying, and b) has given you over 24 hours notice

I'd tidy up a bit - scuff marks are to be expected after that length of time, children or not. However, I can't stand stickers (have 2 kids and a third on the way )... and wouldn't let my kids stick them to the walls. Are they just in her roomyes, although posters with blue tack in other rooms. (just about acceptable) or everywhere? Close the bedroom doors, & get your mum to let him into the bathroom.

I am planning to restore the house (i.e paintwork and cleaning ) before I leave, but have just been pootling along quietly for 2 and a half years, and have been caught unprepared!

sooz

Don't worry about it too much then. TBH I'd expect a kids room to be a bl88dy mess until you leave. Mine always are (can't see the walls for the unsorted boxes of toys/posters etc)

Shut her door, & let him get on with looking at the loo.

If he hasn't registered the deposit, he cannot get you out with a section 21 at the moment anyway (the 2 month's notice for no reason). He could try one of the discretionary grounds, but extremely unlikely to win that. Only other way to give you valid notice would be if you were 2 month's late with the rent.

Keep quiet about the deposit scheme now, & bring it up when you leave, if he causes any problems with the return of your deposit. If you really want him to protect it, then ask, but once it is he could give you a valid 2 month's notice.

Other's on here might argue that you can take him to court for 3 times the deposit, but it's even more unlikely as your original contract started before the deposit scheme did (and the law is p*ss poorly written)


ps. when you eventually do take the blue tacked posters down, warm the blue tack spots gently with a hairdryer first, which should help you not to take a lump of paper/plaster off too

emsywoo123

sooz wrote: »

Don't worry about it too much then. TBH I'd expect a kids room to be a bl88dy mess until you leave. Mine always are (can't see the walls for the unsorted boxes of toys/posters etc)

Shut her door, & let him get on with looking at the loo.

If he hasn't registered the deposit, he cannot get you out with a section 21 at the moment anyway (the 2 month's notice for no reason). He could try one of the discretionary grounds, but extremely unlikely to win that. Only other way to give you valid notice would be if you were 2 month's late with the rent. I have always been spot on with a direct debit for my rent, so no problems there!:D

Keep quiet about the deposit scheme now, & bring it up when you leave, if he causes any problems with the return of your deposit. If you really want him to protect it, then ask, but once it is he could give you a valid 2 month's notice.wouldnt want to take the risk, that is why I have not mentioned it, but I know that I could possibly use it if I need to when I leave if he starts getting funny!

Other's on here might argue that you can take him to court for 3 times the deposit, but it's even more unlikely as your original contract started before the deposit scheme did (and the law is p*ss poorly written):rotfl:


ps. when you eventually do take the blue tacked posters down, warm the blue tack spots gently with a hairdryer first, which should help you not to take a lump of paper/plaster off too

thank you!

I think I need to stop panicking!

clutton_2

""Keep quiet about the deposit scheme now, & bring it up when you leave, if he causes any problems with the return of your deposit""

that is exactly what i would advise also.

right now - your problem is with the loo - he is coming round very quickly to sort it out - that is what a good landlord should do.

with regards to the deposit - i know a few landlords who just have one house and have had long term tenants in them. they simply did not know about the scheme - and yes i know they should have - but didn't - and now they do know - they lodge their deposits for the latest tenants.

this is all about communication.

get your loo sorted first.

i f you want things sorted out sooner re the deposit - you could write a polite letter to him about the deposit scheme - you could put a draft up on here for some help with wording

bw

emsywoo123

bumpety bump