Worried About Landlord Problems at End of Tenancy

singingsister

Hiya all,

Hubby and mine's tenancy is up in August (couldn't come too soon!) and we can't wait to move out.

We've had a multitude of problems since we moved in 2 years ago and it turns out the landlord has moved to India and the property is now being "looked after" by the landlord's uncle. Any problems we've had with the property, the uncle just sends a "friend" out. For example, the pipe under the sink in the kitchen was leaking so this "friend" attempted to fix that. He also looked at the leaky cold tap in the sink - 1 day later...the cold water tap didn't work...and hasn't done since! It's such a hassle trying to get anything fixed - the landlord's uncle hasn't got a clue what he's doing! Also really wound me up when we he came round and openly told us they don't need the money they are getting from the rental of this property!!! Should have asked him to reduce the rent then!

When we moved in 2 long years ago, there was no inventory done, previous tenants had left the house in a state - children's stickers all over the walls, crayon in the carpet etc. But the worst one was the previous tenants had taken their food out the freezer and just turned the freezer off! Didn't clean it out or anything! The day we moved in, when my husband opened the freezer door he threw up from the smell! It was mouldy and horrible in there.

We couldn't get hold of the landlord to talk about this issue on the day we moved in, but could not use the freezer so had to go and buy one out of our own money. I'm still not sure what to do about the freezer when we move out. In my eyes, the freezer is ours!

When we move out, what proof is there that the sofa's in there that were there when we moved in are not ours? Same goes for the dining table?!! etc?

By the same token, as there was no inventory done, I presume we cannot be held liable for anything that's broken? As in, there was a mirror on the wall in the spare room when we moved in, I knocked against it too hard one day and the plug thing holding it into the wall has come out leaving a hole. Hubby doesn't think we should start filling the holes in etc.

We did try sending a letter to the landlord but it came back "not known at this address". The landlord's uncle said it was because the landlord is in India!

What do people think we should do?

princessamy86

Sounds like a nightmare! I'm assuming you have a tenancy agreement, is there anything in there about leaving the property in it's original state? If not, I think it's really their loss they didn't do an inventory because there's nothing either of you can do to prove you have made it look any worse (it sounds like you've made it nicer actually!) I really don't think you should take anything that's not yours (eg sofas, table) but definitely take the freezer, you paid for it so keep it! Have you kept the old horrible freezer? You should leave that. It doesn't sound like your LL is at all bothered, so I would be surprised if there was any legal comeback about you removing things that he won't be able to prove aren't yours, however always wise to cover your back-replace the mirror, take anything that belongs to you and leave it clean. You should also get your deposit back if you leave it in a good state.

gorgeouslatinrose

Sorry i cant be much help about the main issue, but I do know that any inventory is good and will be of help. Of course its better to do at the begining of the tenancy, but even doing one now will benefit your cause as it would still stand. Have you got any photos of the state of the house before you moved in? If you have none, it may be worth taking photos now to back up your case, Its better to have it late than never, if your money is in the safe deposit goverment scheme, then both the inventory and photos will help you in assisting to get your deposit back.

singingsister

Princessamy86 - yes a real nightmare! We can't wait to move! Lots more horrible things happened to our push bikes and cars whilst we've been living there too...broken into, stolen etc. Just don't feel "safe" there.

I'm not saying we will take the sofa etc - but with no inventory done - I'm not sure how things stand legally.

Yes we have a tenancy agreement through a letting agent. (a really well known one in the area too!)

We didn't keep the freezer. Not only did it stink, but we have nowhere to store it and also, we stuck it outside the house whilst we moved in, went to Tesco - came back and it had been nicked!!!!!

Agree with you over the mirror. Feel like I've been to hell and back in this property...no wonder the landlord offered to reduce the rent if we signed for 2 years!

singingsister

gorgeouslatinrose wrote: »

Sorry i cant be much help about the main issue, but I do know that any inventory is good and will be of help. Of course its better to do at the begining of the tenancy, but even doing one now will benefit your cause as it would still stand. Have you got any photos of the state of the house before you moved in? If you have none, it may be worth taking photos now to back up your case, Its better to have it late than never, if your money is in the safe deposit goverment scheme, then both the inventory and photos will help you in assisting to get your deposit back.

Hubby took pictures of the state of the house when we moved in. I don't know if our deposit is in the safe deposit government scheme. How can I find out?

Planner

Sounds like your deposit should be protected in one of the TDS schemes.... I assume it isnt? - they would arbitrate if there was problems at the end.

No inventory doesnt automatically = no deductions, any arbitration/court will look at the case on the balance of probabilites.

I wouldnt normally suggest this, but given the LL is abroad, you have numerous problems and will likley have very little comeback if they keep the entire deposit, would you consider witholding your last months rent and telling them to use the deposit to cover it?

princessamy86

The letting agent should have details of where your deposit is being stored, assuming you paid it to them in the first instance. Do any of the pics show sofa etc or the freezer? I think with the LL leaving a freezer in the property, he would expect there to still be one when you moved out. Assuming you can get hold of him (or the mad uncle!) you could ask him to buy it off you on the grounds that you have replaced an old disgusting one, or you could just take it and hope he doesn't come after you! Without an inventory to prove he left the freezer, I don't think he would get far in a court, he would have to pursue it through small claims (I think) and tbh it sounds like he couldn't care less. Hubby's pics should prove you haven't made it any worse in there, so I don't see any comeback over that. Hope you find somewhere nicer!

singingsister

Planner wrote: »

Sounds like your deposit should be protected in one of the TDS schemes.... I assume it isnt? - they would arbitrate if there was problems at the end.

No inventory doesnt automatically = no deductions, any arbitration/court will look at the case on the balance of probabilites.

I wouldnt normally suggest this, but given the LL is abroad, you have numerous problems and will likley have very little comeback if they keep the entire deposit, would you consider witholding your last months rent and telling them to use the deposit to cover it?

Yes I would happily do that - in fact my husband wants to. Just don't know where that leaves us legally.

princessamy86

I think good idea Planner, just leave him your deposit and don't pay rent. Not always best course of action but in this case might be a good option.