Tenant - Please help.

tbs624

sirhc wrote: »

.....Your deposit should be held by an independant third party i.e. The Deposit Protection Sheme and not your landlord. If not Your landlord is BEAKING THE LAW. Any disputes about deposit repayment goes through them. ..

Yes, if the agreement is for an AST in Eng/Wales,then the deposit needs to be scheme-registered by the LL within 14 days of him /her receiving it and the scheme's prescribed information passed onto the tenant , again within 14 days(applies to deposit received after 6 Apri 2007). However, this does not necessarily mean that the deposit is "held by an independent third party", as only one of the schemes is custodial, ie the LL actually pays over the deposit itself to the scheme administrators. The other two are insurance based schemes, & the LL or LA retains the deposit, subject to the scheme's rules (so not breaking the law).

LittleTinker

You asked for peoples opinions on what you should do next.....and they have answered.

You dont have a cooling off period and so are stuck with it.

You obviously wanted the flat else you wouldnt have paid a deposit etc on it.

As for the text....I personally cant see what she has said that is so rude, although it was direct. She was probably a bit put out with you texting her to be honest.....you asked her to do something, and she will. She doesnt need to have you checking up on her progress 24 hours later....and by text too.

If it were me, you wouldnt have got a reply at all as my mobile phone number is for calling me on......not sending personal texts.

It is just a difference in doing things.....i think a lot of older people dont like to conduct business by text. If you need to say something, then phone....why text?

Move into your flat......and make a nice home. Im sure it will be ok

missclairey_2

First. STOP communicating by text. Use valid email addresses or post only.

I will do. Thank you! What would you advise I do. Email her about all repairs and keep photos? What should I write in the email?

Second. Take photos of everything, an inventory of any building fabric defects should have been isued to you when you signed the contract and handed over your deposit.This report is used to determine if you are liable for any costs after your tenancy expires and you move out. No she didn't do that. We had a verbal discussion about everything whilst the old tentant was still their and as the LL didn't want to replace the carpets, thankfully the old tenant stuck up for me by saying these need replacing and that she had to have them professionally cleaned and they were still dirty. Also she had to replace the down stairs carpet as it was filthy and the LL wouldn't. Only then did the LL say ok i'll replace them. She said "I don't want to waste money on carpets, it's expensive" I then said "Yeah and so is my rent £575 per month, so i'd like them replaced" She agreed and also agreed to re-paint the walls as where her Husband has painted over parts as the tenant had reported them being dirty, he'd made a right mess of them as it was all patchy. Instead of painting the whole wall, he painted little spots. Also in the kitchen there's massive brown spots from a leak in the bathroom. The tenant reported this a month ago but still it hasn't been done and she has promised me it will be.

Third. Your deposit should be held by an independant third party i.e. The Deposit Protection Sheme and not your landlord. If not Your landlord is BEAKING THE LAW. Any disputes about deposit repayment goes through them. It is.

Fourth. If your landlord is being arsey now at the begining of your tenancy, then odds on they'll be even worse when your tenacy's up. Protect yourself. don't even put a nail in the wall to hang a picture up or they'll seek compensation for it afterward. Any improvements you undertake must be done with the written consent of the landlord, keep receipts and itemised list of works carried out....better yet, get the landlord to do it. I shall do as you have advised. Can I say you must be on my level as you understand where i'm coming from. Others don't seem to think the LL is be arsey when she is and that i'm the wrong? Read other posts. Thank you!

I've rented 4 times and left each and every property in better condition that when I moved in (carpets professionally cleaned etc) and yet 3 out of the 4 landlords i've had have thought up some bull s*^t excuse to take money out of my deposit (in one case I had to take him to court to get my cash back).

Word of advice. That is awful, I hope you won the case and got your money back. I don't know how some people can sleep at night and treat people like they do.

As friendly and amicable as you'd like your relationship to be with your landlord remember they are NOT your friend and there are a good portion of them that already consider YOUR deposit as something they can absorb into their own pocket when you move out. Keep things professional!!!!
Go to citizens advice and they'll tell you your rights and the obligations both you and your landlord are under. I'm just naturally a very friendly person. I think i need to change how I am as people seem to think this give them the right to walk all over me.

Stick to your guns honey.
Thank you very very much for your help.

God-Bless you love x
Best of luck.

[/quote]

MissMoneypenny

This is what I would do in your situation

Phone your council's tenancy relations officer (some council's call it private lettings). Tell them of your concerns about the state of the carpet and your landlords couldn't care-less behaviour. Then ask them to come and do a complete check on the property. You have a toddler and another on the way, and as the landlord has shown themselves to be untrustworthy, you need to be sure that the house is safe for your children.

Their inspection might reveal other things that the landlord should have done and they will be take action against the landlord for you.

Did the house have an EPC? A Gas Safety certificate?

Move out at the end of the fixed period. You don't need a landlord like that. Before looking for another rental, read A Tenant's Guide to Renting sticky at the top of this board.

missclairey_2

LittleTinker wrote: »

You asked for peoples opinions on what you should do next.....and they have answered.
??????????????

You dont have a cooling off period and so are stuck with it.
Ok.

You obviously wanted the flat else you wouldnt have paid a deposit etc on it.
I did

As for the text....I personally cant see what she has said that is so rude, although it was direct. She was probably a bit put out with you texting her to be honest.....you asked her to do something, and she will. She doesnt need to have you checking up on her progress 24 hours later....and by text too.

Yes she does. I need to know when stuff is being planned on done so I can sort my own stuff out. All she had to say is I plan on getting someone out on such and such date. Notget her !!!! in her hand because she annoyed at having to get it all done. I bet if she hadn't had the money yet she wouldn't have text in the manner.

If she's put out by me texting asking a cival question then she should go through an agent. I have paid alot of money and have a right to ask.

If it were me, you wouldnt have got a reply at all as my mobile phone number is for calling me on......not sending personal texts. Well it's not you and if she didn't want text she shouldn't have started sending them in the first place should she.

It is just a difference in doing things.....i think a lot of older people dont like to conduct business by text. If you need to say something, then phone....why text?

Move into your flat......and make a nice home. Im sure it will be ok

I cannot move in until the jobs are done so how can I make a nice home if i haven't a clue when things are planned to be fixed. The bathroom is leaking and has caused damaged to the celling so that needs sorting or the celling could collapse.

I must be a totally different person to most of you on here as I really cannot believe so many of you think her tone isn't rude.

I'm pregnant and have a toddler and also have serious health problems and she knows all this so i have to plan things and make sure I have someone to help me. How can I do this if I do not know when things are being done. If you read my post i didn't demand her to get things fix straight. I said no rush and I asked her to let me know once she'd booked stuff to be fix, that's all.

missclairey_2

Phone your council's tenancy relations officer (some council's call it private lettings). Tell them of your concerns about the state of the carpet and your landlords couldn't care-less behaviour. Then ask them to come and do a complete check on the property. You have a toddler and another on the way, and as the landlord has shown themselves to be untrustworthy you need to be sure that the house is safe for your children.
Thank you, thank you. I will be doing this. I glad someone understands my concerns. Thank you and god bless you.

Their inspection might reveal other things that the landlord should have done and they will be take action against the landlord for you.

Did the house have an EPC? A Gas Safety certificate?

Move out at the end of the fixed period. You don't need a landlord like that. Before looking for another rental, read A Tenant's Guide to Renting sticky at the top of this board.[/quote]

Premier_2

missclairey wrote: »

...I need to know if there is a cooling off period. ...

...What are my rights? Can I pull out now?

Is there a cooling off period? ...

No .

sirhc_2

Thanks for the correction, I've only ever dealt with custodial. Perhaps I was being a little over-zealous but the point remains, a tenant's deposit is protected by law.

sooz

TBH I don't think her text is that rude. But her general attitude is not great, & this is something you could have picked up on before you signed a contract & paid her money.

Things like - asking you for postage costs for sending you a form
& the previous tenant complaining about the state of the carpets, to you & infront of her.

Is the bathroom still leaking, or is there simply a stain from an old leak which has not been repainted? The two are very different, and the latter will not cause the celing to collapse.

If it is just stained carpets & walls that need repainting as they are patchy, or stained from an old leak, I can't honestly see the PHO/TRO at the council being too concerned, especially as you have nothing in writing confirming that this will be done. None of these things are particularly hazardous to your, or your childrens, health, just not visually very pleasing.

She just doesn't sound like a very nice person, & there is no legislation against that! Her text doesn't say she won't do the promised works, just that you are nagging her. Do as the others have said, put everything in writing, & don't communicate by text.

missclairey_2

sooz wrote: »

TBH I don't think her text is that rude. But her general attitude is not great, & this is something you could have picked up on before you signed a contract & paid her money.

I know thank you.

Things like - asking you for postage costs for sending you a form
& the previous tenant complaining about the state of the carpets, to you & infront of her.

Are wrong, I agree

Is the bathroom still leaking, or is there simply a stain from an old leak which has not been repainted? The two are very different, and the latter will not cause the celing to collapse.

The sink in the bathroom or the bath is leaking and the old tenant hasn't been able to bath or use the bathroom as it keeps leaking and they still haven't sort it out.
Also the ensuite sink is leaking and the carpet it all stained and damp.

If it is just stained carpets & walls that need repainting as they are patchy, or stained from an old leak, I can't honestly see the PHO/TRO at the council being too concerned, especially as you have nothing in writing confirming that this will be done. None of these things are particularly hazardous to your, or your childrens, health, just not visually very pleasing.


She just doesn't sound like a very nice person, & there is no legislation against that! Her text doesn't say she won't do the promised works, just that you are nagging her. Do as the others have said, put everything in writing, & don't communicate by text.

She isn't. I have done everything and anything she's wanted and gone out of my way for her but she doesnt mdo the same and I am the customer. I will put everything in writing.

What shall I write? Does anyone have a sample letter please?

Thank you again for ALL your posts and for trying to help me, agreeing or not - thank you

GOD BLESS U ALL