Stupid Landlady Alert!

tbs624

N79 wrote: »

..... Let us know if you have any questions and don't be put off if you get a few jibs from the "down with LLs" brigade on this board, who seem to take delight in LLs misfortune. you appear to realise you have been niave and I'm afraid this is going to cost you.

N79 your patience and helpfulness are to be admired but, to my mind, this isn't about simple misfortune - misfortune is something untoward that happens despite your best efforts.

Ricky has made one error after another simply because she failed to gen up on even the very basic regs before letting her property out. No Gas safety cert, no mortgagor consent, no LL insurance,no HMRC property rental declaration........and there's probably more besides .

Her father acts as her agent and yet he presumably also didn't acquaint himself with any of the legalities?


You and Sooz have offered a huge amount of support & info and yet Ricky is back posting that about how she hasn't had time to join a LL Association due to pressure of work? She has time to post here but not to register online at the http://www.rla.org.uk/ or http://www.landlords.org.uk/index.htm:confused:

Ricky- I don't know what age you are but IMO you need to start taking some personal responsibility for what happens around you.Failing to comply with gas safety regs alone can leave you facing a criminal charge - you should be able to produce not only a current gas safety cert but also ones covering the past two years.

I hope for your tenant's sake that matters get resolved. In addition to the help you have been given above by Sooz and N79 I would also suggest that you take a look at solicitor Tessa Shepperson's LandlordLaw website: http://www.landlordlaw.co.uk/

N79

tbs624 wrote: »

to my mind, this isn't about simple misfortune - misfortune is something untoward that happens despite your best efforts.

I agree. When I made that comment we had not uncovered that the OP had failed to comply with (nearly) all of their duties as a LL. The misfortune I was refering to was in ending up with the "I want council housing" T as they always end up costing a fortune.

tbs624 wrote: »

Ricky is back posting that about how she hasn't had time to join a LL Association due to pressure of work? She has time to post here but not to register online at the http://www.rla.org.uk/ or http://www.landlords.org.uk/index.htm:confused:

I hope she made time to arrange a gas certificate. I tried to remain calm but I loath LLs that make excuses over this one, including the excuse "I know my properties are safe". If their safe then why don't you have a certificate?

Ricky33

British Gas tell me every year after the annual check that the gas and electricity in my flat are safe. They switched my cover to the LL variety yesterday afternoon - the difference lies apparently only in the name of the policy and the production of a certificate. I tell you this not to deny that I was in the wrong - purely to assure you that the safety of the tenant was never in question. That flat is my only home - I am not an uncaring, out of work LL with multiple houses who cares for little other than cold, hard cash.

There are a plethora of background facts I have not given, yet I have made no excuses. I do, however, feel the need to inform you that the original managing agent - an Estate Agent, no less - told me I had everything in place that I legally required (which did not include the annual safety checks on the gas, which I left in place out of good conscience). Stupidly, perhaps, I believed them. I paid for a service - is that 'failing to take responsibility'? I am quite simply stunned and horrified by my apparant dereliction of duty and have been doing everything in my power to resolve each issue as it arises.

I do sincerely thank you all for the constructive help and links given, they are very much appreciated.

I would though politely ask that without being in possession of the full facts, people please refrain from passing judgement.

tbs624

British Gas tell me every year after the annual check that the gas and electricity in my flat are safe.

..but that is not sufficient, as you would have known if you had properly prepared yourself for what property letting actually involves. Not having a gas safety certificate can lead to you appearing in a Magistrates Court.

..That flat is my only home - I am not an uncaring, out of work LL with multiple houses who cares for little other than cold, hard cash.

Interesting comparison there Ricky - many LLs with multiple properties run their business is a professional way, they can hardly be described as "out of work" if they *are* running a business, and they also make the effort to comply with the law: in some cases it may mainly be to cover their own backs but in doing so they properly protect the tenant too.

There are a plethora of background facts I have not given, yet I have made no excuses.

That's not how it appears to others:

....It was a very quick decision, and I didn't know at the time that I should tell my mortgage company.

...When I found out, they wanted a vast amount in fees to switch mortgages, and as I didn't have the money, I didn't change.

Re HMRC, ........ after encountering huge problems with their website, I neglected to complete tax returns. ...

. ....I don't have the LL gas certificate - but it is safe...

Ditto for the buildings insurance, it's residential - I had no clue these things were LL specific.

.... unfortunately due to excessive work commitments. Also due to this reason I've not had time to either register with the LL association yet, nor investigate LL&T act S48. ....

the original managing agent - an Estate Agent, no less - told me I had everything in place that I legally required ..

I'm not sure why you hold EAs in such awe but you have to do your own research if you are letting out property - how would you know otherwise if the LA is doing a good job? You are ultimately responsible for the Tenancy. What about your father's role- if he was "managing agent" did he not check things out either? The media has been chock full of advice for newbie LLs over the past few years and there's always google, bookshops, booklets from HMRC, Govt websites on property rentals......

I would though politely ask that without being in possession of the full facts, people please refrain from passing judgement.

People can obviously only go on what you post up but the trouble is that, on this board alone, there are so many posts from tenants who have been left in a difficult position because their LL didn't take their responsibilities and legal obligations seriously enough.

If you only want to see comment from those who will give you a virtual "there, there", then it's probably best to not to post an open forum. My first post was because I was appalled that when 2 of the board's seasoned posters were giving you so much help, although you thanked them, you then bleated that you hadn't had the time to register online at a LL association. It's good that you are finally facing up to the issues, albeit very belatedly, but unfortunately, no-one else can sort all this out *for* you - others will offer suggestions but you have to put the effort in. Hence the LL associations and Tessa's LL Law site as suggestions. It would cost you less in the long run to do things properly vis a vis your tenant's rent arrears and repossession of the property and both options provide a clear route to some form of resolution.Hopefully if your father is acting as your managing agent he can also give you some support.