having probs with landlord - questions?

mummy_dumpling

We are renting and our 12m tenancy ends on 23 May. Landlord is !!!!!! at us cos we not buying his house. We are in process of buying another house but not sure if we are able to move out before tenancy ends - might be shortly after - don't have completion date yet.

So where do we stand when our contract ends on 23 May? Can we be evicted? There are no break clauses etc and we've not had a S21.

Are they then entitled to up the rent? Is there a limit by how much? Does it have to be a reasonable amount? (ie can they just double it?)

We've been told they want the house back in the same condition as when we moved in - freshly redecorated and done up to sell. We've lived here for a year with 6 small children so everything isn't immaculate but "gently lived in"

Do we have to redecorate the house before we move out? The walls are all fancy papered so its not just a case of a quick coat of paint. Can they come back at us for more money to do any decorating they deem necessary? Or is that covered by the deposit? (which we're not planning on getting back as they will be looking for excuses to keep it)

What about damp/mildew patches on the walls? (living room and one of the bedrooms) And screw holes in walls where tall bookcases have been secured?

The only thing thats been damaged is that a bit of the cheap plastic bath panel has broken off as one of the kids must have sat on the corner of the bath and the panels move (its not secured properly or supported at all in that corner) - the bathroom was newly fitted when we moved in.

Are we liable for any of these? What is the worst the LL can do if he's not happy?

thanks

N79

So where do we stand when our contract ends on 23 May? Can we be evicted? There are no break clauses etc and we've not had a S21.

No - you can only be evicted by a court, after the 2 months notice has been given.

Are they then entitled to up the rent? Is there a limit by how much? Does it have to be a reasonable amount? (ie can they just double it?)

LL can increase the rent once per year after giving you 1 months notice (a S13 notice). You can refer the rent increase to a rent tribunal if you feel it is unfair.

We've been told they want the house back in the same condition as when we moved in - freshly redecorated and done up to sell. We've lived here for a year with 6 small children so everything isn't immaculate but "gently lived in"

Same condition minus fair wear and tear. Having children does not change the definition of fair wear and tear.

Do we have to redecorate the house before we move out?

No, unless you have marked the walls with more than 1 years discolouration (eg if kids have drawn on them then yes, you need to get them clean).

The walls are all fancy papered so its not just a case of a quick coat of paint. Can they come back at us for more money to do any decorating they deem necessary? Or is that covered by the deposit? (which we're not planning on getting back as they will be looking for excuses to keep it)

Deposit should be registered in a scheme. All deductions will be subject to independent arbitration.

What about damp/mildew patches on the walls? (living room and one of the bedrooms)
Always difficult - have you reported them to the LL?

And screw holes in walls where tall bookcases have been secured?

If you made the holes you must fill and paint over (ie put the wall back to the condition it was in before you made holes in it).

The only thing thats been damaged is that a bit of the cheap plastic bath panel has broken off as one of the kids must have sat on the corner of the bath and the panels move (its not secured properly or supported at all in that corner) - the bathroom was newly fitted when we moved in.

You are probably liable for this. You are definately liable if you never reported it to the LL and it has gotten worse over time

EliteHeat

As far as I am aware (and I am no expert) without an S21 you will automatically go onto a rolling tenancy whereby you have to give one months notice to quit but your landlord must give you two.

You should return the property in the same condition that you received it in, less normal fair wear and tear. I doubt if many people redecorate their properties every 12 months so you should be fine.

If you have caused any material damage, such as drilled holes in the walls then I would imagine that you are responsible for making good, including redecorating the damaged area.

The bath panel comes down to the sort of usage you subjected it to I would think. If it is considered normal to sit on the edge of a bath then the panels should not have moved or broken. If they did, then you have not been afforded the sort of use expected of this item and you should not be liable.

I expect someone will be along soon to tell you that I am wrong though!

DawnW

Not an expert (though a LL) but did not want your post to disappear. If you haven't had S21, you cannot be evicted in May, as the LL needs to give you 2 months notice from a rent day. Make sure it was not served when you took on the tenancy though - double check all paperwork. Not sure about rent increases, but seems daft if they put it at way above local going rate for that type of property, because you can simply move out at the end of your contract and go somewhere cheaper. The LL would then have a void, and the hassle of finding new tenants before s/he needs to.

Is your deposit protected? LL has to allow for fair wear and tear on the property, but this would not include damage such as the broken bath panel, torn wallpaper or dirt if the place was clean when you moved in.

mummy_dumpling

thanks for your replies - we've never rented before so all this is new to us.

the deposit hasn't been protected (that we're aware of) well it hadn't been back in Jan/Feb when we checked - where does that leave us?

what does the deposit actually cover then? can they take our deposit and then bill us for more money?

we've not reported the mildew or the broken bath panel to the LL cos they've been so off with us since we told them we weren't buying this house. also when we mentioned other problems earlier in the tennancy we just got fobbed off, so igured it wasn't worth the hassle. the bath panel hasn't got any worse since it happened as my DH put some tape over the crack to stop the panels moving so much and we've tried not to let the kids sit on it anymore.

so we will need to completely re-paper the walls that have had bookcases attached to them? or can we just fill the holes neatly?

we will be spring cleaning the house when we leave so that its clean but we're worried about any comeback.

we have had a threatening phone call from the LLs 2nd in command this morning saying that he will come and see us personally and that no one crosses him. he says that as soon as we move out he will be coming to inspect the property for damage. what if he causes more damage after we move out and we get the blame? wouldn't put it past him

debtfreein4years

I would take photos when you leave so that you have proof of the condition that you left the property in. I would also consider getting a professional cleaning company in to do a clean before you hand the keys back so that if it isnt up to the landlords standard then you have some comeback from using a professional company.

with the bath panel, i would replace it before any inspection so that they cant say anything. its not that difficult to replace a bath panel.

also write to the landlord and ask for the information on the deposit being protected as it is law, be nice about it and just point out that you would hate for him to be possibly liable for 3x the amount due to not having protected it.

good luck

gxx

N79

thanks for your replies - we've never rented before so all this is new to us.

No problem.

the deposit hasn't been protected (that we're aware of) well it hadn't been back in Jan/Feb when we checked - where does that leave us?

Check with the three deposit protection services. If non of them hold the deposit then send the LL a letter giving them 1 week to repay or protect the deposit. If they do not - off to court you go.

what does the deposit actually cover then? can they take our deposit and then bill us for more money?

Deposit covers you failing to fulfil your obligations. Yes LL can bill T for more money than the deposit but only a court can enforce payment.

we've not reported the mildew or the broken bath panel to the LL cos they've been so off with us since we told them we weren't buying this house. also when we mentioned other problems earlier in the tennancy we just got fobbed off, so igured it wasn't worth the hassle. the bath panel hasn't got any worse since it happened as my DH put some tape over the crack to stop the panels moving so much and we've tried not to let the kids sit on it anymore.

If you have not mentioned it then you have broken your obligations under the tenancy and stopped your LL taking early restorative action. You will be liable for any additional damage caused because the LL was unaware that there was a problem.

so we will need to completely re-paper the walls that have had bookcases attached to them? or can we just fill the holes neatly?

You need to return the walls to the same state less fair wear and tear. Fair wear and tear is natural fading and aging, not dirt or screw holes.

we will be spring cleaning the house when we leave so that its clean but we're worried about any comeback.

we have had a threatening phone call from the LLs 2nd in command this morning saying that he will come and see us personally and that no one crosses him. he says that as soon as we move out he will be coming to inspect the property for damage. what if he causes more damage after we move out and we get the blame? wouldn't put it past him

Ask them to do the checkout inspection with yourself present at the moment you had over the keys. If the LL makes any threats report them to the police.

If the LL has not protected the deposit stop worrying - they are unable to serve a S21 and they will fail to sucessfully withold any money but it may take some time before a court orders the money returned.

caljoemor

I agree with N79 - ask them to do a checkout inspection with you present on the day you move out and ask for a copy to be provided so that you can take it with you.

Also if the deposit is not protected the landlord has broken the law, you need to query this with him and ask him to pay it into a scheme and provide you notice of this.

mlz1413

totally agree with N79 and caljoemor, just wanted to add there isn't a second in command, your LL is the one named on your rental agreement and you report to them unless they have a managing agent or letting agent.

I assume the 2nd in command is a relative that is being pompous and not professional. I would write to the LL asking them to meet you at the property before you move out to discuss the move out and hand over, I know they have been difficult towards you but try and be business like, ask how they would like the screw holes to be treated, ask if you should replace the bath panel or pay for a new one so they can fit it, discuss the damp and what action should be taken.

If the LL is rude then end the meeting, its still your home currently, then write to him recorded delivery setting out the problems and the action or costs you consider for each item.

When you do move out do the hand over when the house is in the state you are leaving it in, take photos and meter readings, meet the LL at the property and get them to sign for the keys and a copy of the original inventory after having walked around with them.

If the LL trys to charge you for unreasonable costs then you can discuss the deposit not being protected and hopefully come to an amicable agreement.

mummy_dumpling

thanks for all your replies

the LL owns a building company and rents houses as 2 seperate businesses from the same office - the bloke who called us was the foreman of the building company (next in line to the LL)

found out today that my LL is away for 10 days and this man is in charge until he returns.

on speaking to our solicitor today it seems that we are looking to exchange contracts next week and hopefully complete by 8 May so should be out of here before the tenancy ends :j

how do we go about ending our tenancy? do we do it in writing? can they insist we return the keys before the tenancy ends once we have moved out? (was hoping to move out then come back later/ next day to spring clean & tidy the house etc before handing keys over) they told us they wanted us out as soon as possible once we told them we weren't buying the house

thanks

Wickedkitten

You have to give notice a month in advance of you leaving so if your tenancy ends on the 23rd of May, you would have had to give them written notice on the 23rd of April.