Renting help needed urgantly!!!!

PasturesNew

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a] Probably not, but he might have a simple "permission to let" agreement in place.
b] Oh dear, naughty naughty.
c] Oh dear oh dear, naughty naughty naughty.
d] Idiot.
e] Amateur.

None of the above is good, but, you DID sign for a second term - which would have been your time to escape if it was really that bad.

Your only real way forward to be called homeless is to stop paying the rent, let him take you to court, get a full eviction on the go and wait to actually be evicted.

Jowo_2

As indicated by other posters, the landlord may be sloppy and unprofessional but it doesn't necessarily give you grounds to claim the tenancy has been frustrated and catapult you into social housing in the way that you hope.

The Shelter website is an excellent source of information seek redress for the failure to protect the protect the deposit, harassment and failure to let you have quiet enjoyment of the property.

Councils are often overstretched by the number of people present themselves as homeless and operate 'gate keeping' policies to try and keep down the number of people who expect them to be housed under the statutory obligations. This can include instructing them to stay put until the landlord has gained a court order for possession, or putting them in hostels, or if they are deemed to earn enough to rent in the private sector, providing advice and deposit guarantees.

tbs624

PN - the Ts would be classed as having made themselves "intentionally homeless" if eviction due to rent arrears.

benjamminsw

Again cheers for all the advice I think tbs624 has hit the nail on the head....


Welcome as a newbie

First of all, I agree with Silvercar, have you checked that you are claiming everything to which you are entitled, as you are on a low income?

Unfortunately,as the others have said, none of the things that you list give you the right to just up and off from the contract.

However, taking each point in turn:


Quote:

Originally Posted by benjamminsw

a) Landlord has a standard mortgage on this property, he has all his post still sent to this address daily and has all his belongings and furniture stored in the garage (which is supposed to be rented to us), while he works abroad as a surf coach, coming back every few months. He does not have a Buy to Let Mortgage, is he allowed to be renting the property to us????///

He does not necessarily have to have a BTL mortgage, but he should have his lender's consent to let the property. If all his post is sent to the property then it sounds as though he perhaps hasn't.

How do you pay your rent to him? Has he appointed someone (ie the Gf ) to act as an agent for him, and deal with any issues that arise if he is away from the UK for extended periods? If he has not given you an address "for the service of notices" then he cannot lawfully collect rent until such time as he does.

Unless it was agreed, in writing, between you and the LL that his stuff should be stored in the garage you have every right to insist that it's removed & put into storage.

BJ: Yes ALL his belongings and furniture is in the garage, and he also asked us not to redirect his post as this would confuse his mortgage company - !!!!!! lol

He hasnt appointed anyone to act as an agent, his gf is with him, there is no permanent address, just a mate of his should we have a problem. We pay rent into his account.


Quote:
Originally Posted by benjamminsw

b) Our deposit has not been put into a Trusted Rent Deposit Scheme as is ment to be by law

Have you got written confirmation from each of the 3 schemes that this is the case?

Has the LL provided you with a gas safety certificate btw?

BJ: Luckily for him there is no gas, we have expensive electric heater and he told us we couldnt use our calor gas heater due to mould on ceilings lol


Quote:
Originally Posted by benjamminsw

c) His girlfriend has entered our property without our permision while we were out...

d) he harrased us loads by phone to get us to let him to look at something in the loft while we were away.

She is not allowed to enter your home without your permission. The LL ( or someone acting on his behalf) has a right to inspect the condition of the property now and again, and they have to give you a minimum 24 hours notice, but you may refuse even that visit , unless the LL obtains a court order. Are you saying that the has LL more stuff of his own stored up in the loft?

If necessary, you *can* change the barrel on the lock (keep the old one safe to replace when you leave)

BJ: No stuff in loft, was insulation thing he said, but he couldnt help but have a look in other rooms that had doors closed


Quote:
Originally Posted by benjamminsw

e) He has also harrased us over being behind a months rent, every other day he calls saying he wants it.

BJ: As someone said there are official ways to go about getting rent owed and ringing me 30 times in 3 days isnt one of them, plus you have to be 2 months in arrears to take eviction route.

I disagree G-M. If the LL reneges on his mortgage payments and does not have a BTL or CTL then the lender does not have to recognise the tenancy.


BJ: This is what worries us and if this is the case surely doesnt seem a suitable tenancy for us as a family.

Maybe the way foward would to be to find out who his mortgage is with and tip them off.


As for Rent Deposit Scheme, Shelter + CAB have said even if he has put it in a deposit scheme just by not telling us who with, even when we requested it he is breaking the law. So obviously cards are in my hand if we do decide to leave and he chases us for money as I can play the hand of.....mate if you go down that route then I will go down the route of taking you to court and being awarded 3 times my deposit etc. Hopefully he would see sense and let it go

franklee

benjamminsw wrote: »

while he works abroad as a surf coach, coming back every few months.

If you pay the rent directly to the landlord have a look at the following post:

http://forums.moneysavingexpert.com/showpost.html?p=22817035&postcount=219

benjamminsw

Anyone know more on this 'paying him rent when he doesnt have an address of residence in the UK or agent. He has put his mothers address on the tenancy agreement but it is fact he doesnt live their, as when he is back in UK he rents a flat in town with girlfriend and when hes abroad all his furniture + belongings are in our garage. We also recently had a letter from him giving an address in Guernsey...hhmmmmmmmmmm

Jowo_2

"Section 48 Landlord and Tenant Act 1987 - requires that the tenant must be given an address in England where notices can be served on the landlord – the address does not have to be that of the landlord."

http://www.landlordzone.co.uk/landlord's_address.htm

From another site, the following info is given

Section 47, Landlord and Tenant Act 1987

This legislation requires that every demand for rent carries the address of the landlord and if that address is outside England and Wales the demand for rent must also carry an address in England and Wales where notices in proceedings can be served on the landlord.

Failure to comply with section 47 means that any portion of the rent which is attributable to service charge is not lawfully due. The address of the landlord on such a written demand could be the landlord’s office address, rather than home address.

Section 48 Landlord and Tenant Act 1987

This requirement is very similar to section 47 but with a subtle difference – it requires that the tenant must be given an address in England where notice of proceedings can be served on the landlord – it follows that this address does not have to be that of the landlord.

Until section 48 of the Landlord and Tenant Act 1987 is complied with rent is not lawfully due.

A tax guide tenants who have overseas landlords is given here at the following HMRC link

http://www.hmrc.gov.uk/cnr/nrl_guide_notes.pdf

chewmylegoff

benjamminsw wrote: »

As for Rent Deposit Scheme, Shelter + CAB have said even if he has put it in a deposit scheme just by not telling us who with, even when we requested it he is breaking the law. So obviously cards are in my hand if we do decide to leave and he chases us for money as I can play the hand of.....mate if you go down that route then I will go down the route of taking you to court and being awarded 3 times my deposit etc. Hopefully he would see sense and let it go

well, the cards aren't really in your hand, because in order to get the 3x deposit, you have to take court action, and if he protects your deposit before the court hearing, then the court isn't going to award you anything, from what i understand.

you seem determined to try to find some way to get out of the contract, if so then you are better off seeking legal advice than posting here, but i really doubt that you have a winnable case - after all, he may be in breach of some clauses of the contract, but so are you - you haven't paid the rent.

benjamminsw

I have been told that even if he protects it now its too late, he has still broken the law and we could take him to court.

As for breach of tenancy, so if i breach the agreement (ie ren arrears) he can apply for eviction...HE brakes the agreement by unlawful entry, not protecting our deposit we cant end the agreemnt due to breach....seems unfair

TTMCMschine

I think you need to seperate the two issues. It's no good trying to come up with reasons why he's a bad LL. As someone else pointed out, you signed a second term. Whether he is a good or bad LL, you need to look how you can pay the rent. As others have said check if you are entitled to help. Then you can point the finger at him as much as you want.

You remind me of a girl I know who owned a shop, when she decided she'd got bored of an employee, she think of reasons why they weren't good at their job. Having watched these girls when working they were doing no different to day one.
Good luck.