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Help! Violent flatmate and unhelpful landlord
ms_frustrated
Posts: 15 Forumite
Can anybody give me some advice please?
I moved into a flatshare in London in January. I found the flat advertised on the intranet in work and it was advertised as a room for rent. When I viewed the flat, I was told there was already one person living in the flat and the landlord (who works at the same company as me) found a third person. I didn't meet her before he agreed she could move in. The landlord made us all sign a joint tenancy agreement for 6 months.
From day one she has displayed intimidating, abusive and threatening behaviour. The other flatmate and I were each afraid to be in the flat on our own with her. I subsequently started spending a lot of time away from the flat to avoid her. The other flatmate and I met with the Landlord and told him that we didn't want to carry on living with her. We presented him with an 18 page document detailing all the things she had done and the damages/breakages she had incurred in the flat.
The landlord advised us to go to the Police to report her harassment. He also said that we would probably have to stay in the flat until the end of the 6 month tenancy (end July) and that the three of us would have to move out for two weeks and then the other flatmate and I could move back in, getting rid of the other one in the process. He said he would also speak to his solicitor. We reported her to the Police and gave them a copy of the document.
Time went by with no word from the landlord. The other flatmate's behaviour was getting worse all the time. I informed the landlord and he still didn't address the situation. It eventually got to the point where she pinned me down and threatened me with real violence. I was scared witless and really thought she was going to hurt me. I rang the landlord, who was a bit put out as he had a friend staying and didn't want to be disturbed. Again he asked me to go to the Police.
I went to the Police again and they were going to come round the next day to speak to her about her behaviour, but it didn't get that far. The next morning she physically attacked me and I managed to dial 999. The Police came round and issued her with an Harassment Caution. She moved out at the end of that week, but not before she had spent the rest of that week intimidating me in various ways.
I had to book my two weeks off (that the Landlord said we would have to move out of the flat) months in advance to fit in with the rest of the team I work with. Although the abusive flatmate had now moved out, I couldn't change my leave in work and still had to take the two weeks. I wrote to the Landlord saying that under the circumstances, could I just pay half the rent for August as he had originally told us that we had to move out for two weeks at the end of July. I had also spent 76 nights away from the flat during the 6 month period because of the abusive flatmate. He didn't reply, so I just paid two weeks' rent into his account.
He replied two weeks later declining my suggestion and said I had to pay the full rent. I told him that in that case I would be moving out at the end of August. I feel that spending more than two months out of six away from the flat just for my own safety isn't right at all and he could have prevented it getting to the stage it did if he had done something about it when we met with him before Easter. He is now saying that it is like a marriage and he can't get involved in a marital dispute. I don't think this is right because I didn't meet her before he agreed she could move in, he didn't get any references for her and we constantly kept in touch with him throughout the 6 months keeping him up-to-date with all the goings-on in the flat. He just turned blind eye to it all.
Does anybody know if I have any rights here? Can he deduct the other half of the rent from my deposit? Can I claim back the rent I have paid but not been able to stay in the flat for fear of my safety? I have been told to sue him for the rent I have paid but not been at the flat, all the inconvenience and out-of-pocket expenses I have incurred, but have had conflicting advice. I have no idea whether I have any rights here.
I apologise for this being so long-winded. Many thanks.
I moved into a flatshare in London in January. I found the flat advertised on the intranet in work and it was advertised as a room for rent. When I viewed the flat, I was told there was already one person living in the flat and the landlord (who works at the same company as me) found a third person. I didn't meet her before he agreed she could move in. The landlord made us all sign a joint tenancy agreement for 6 months.
From day one she has displayed intimidating, abusive and threatening behaviour. The other flatmate and I were each afraid to be in the flat on our own with her. I subsequently started spending a lot of time away from the flat to avoid her. The other flatmate and I met with the Landlord and told him that we didn't want to carry on living with her. We presented him with an 18 page document detailing all the things she had done and the damages/breakages she had incurred in the flat.
The landlord advised us to go to the Police to report her harassment. He also said that we would probably have to stay in the flat until the end of the 6 month tenancy (end July) and that the three of us would have to move out for two weeks and then the other flatmate and I could move back in, getting rid of the other one in the process. He said he would also speak to his solicitor. We reported her to the Police and gave them a copy of the document.
Time went by with no word from the landlord. The other flatmate's behaviour was getting worse all the time. I informed the landlord and he still didn't address the situation. It eventually got to the point where she pinned me down and threatened me with real violence. I was scared witless and really thought she was going to hurt me. I rang the landlord, who was a bit put out as he had a friend staying and didn't want to be disturbed. Again he asked me to go to the Police.
I went to the Police again and they were going to come round the next day to speak to her about her behaviour, but it didn't get that far. The next morning she physically attacked me and I managed to dial 999. The Police came round and issued her with an Harassment Caution. She moved out at the end of that week, but not before she had spent the rest of that week intimidating me in various ways.
I had to book my two weeks off (that the Landlord said we would have to move out of the flat) months in advance to fit in with the rest of the team I work with. Although the abusive flatmate had now moved out, I couldn't change my leave in work and still had to take the two weeks. I wrote to the Landlord saying that under the circumstances, could I just pay half the rent for August as he had originally told us that we had to move out for two weeks at the end of July. I had also spent 76 nights away from the flat during the 6 month period because of the abusive flatmate. He didn't reply, so I just paid two weeks' rent into his account.
He replied two weeks later declining my suggestion and said I had to pay the full rent. I told him that in that case I would be moving out at the end of August. I feel that spending more than two months out of six away from the flat just for my own safety isn't right at all and he could have prevented it getting to the stage it did if he had done something about it when we met with him before Easter. He is now saying that it is like a marriage and he can't get involved in a marital dispute. I don't think this is right because I didn't meet her before he agreed she could move in, he didn't get any references for her and we constantly kept in touch with him throughout the 6 months keeping him up-to-date with all the goings-on in the flat. He just turned blind eye to it all.
Does anybody know if I have any rights here? Can he deduct the other half of the rent from my deposit? Can I claim back the rent I have paid but not been able to stay in the flat for fear of my safety? I have been told to sue him for the rent I have paid but not been at the flat, all the inconvenience and out-of-pocket expenses I have incurred, but have had conflicting advice. I have no idea whether I have any rights here.
I apologise for this being so long-winded. Many thanks.
0
Comments
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what a terrible situation you have been in - i hope you have recovered a little now.
because of the legal intricacies of this type of tenancy, i am going to suggest that you copy this onto www.landlordzone.co.uk (in a shorter more succinct fashion if you can) where there are a few legal eagles who are excellent on the law.
If the LL is not resident then it seems to me that he should have taken a more proactive stance when you complained - did he even talk to the abusive girl ?
LLs of tenancies which are under an AST ARE responsible for their tenants behaviour, and he could have gone to Environmental Health and asked for their support, but, he is also right in that you also had a duty to go to the police to report threats and violence before it reached the stage of 18 pages of "issues".
It is a very difficult situation - but - my opinion is that you have a very difficult case to prove to ask for getting rent back - but it does depend on what type of tenancy you have
what does it say on the front page of the Agreement
Is your deposit registered with a Tenancy Deposit Scheme ?0 -
I hope he has not registered your deposit.Then you could claim three times the deposit.Given your experiences,I think that is perfectly justified.0
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Thank you for your help. I have checked and it is an Assured Shorthold Tenancy as defined in the Housing Act 1988 for a period of 6 months.
When the other flatmate and I met with the LL in April, he said he would speak to her and even offered to write her a letter. We agreed that we wanted him to but he never did and then he denied saying it later. We went to the Police and they also phoned me a few times to follow up and give me advice. I have to say the Police were great and very understanding. They said it was upto the LL to sort it out as he has a duty of care. The LL now says he wasn't able to get involved.
The deposit is in the Deposit Protection Service.0 -
What exactly do you want from this landlord now ? What would give you "closure" as they say ?0
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I don't see what the Landlord could/should do. What is it you want?I shot a vein in my neck and coughed up a Quaalude.
Lou Reed The Last Shot0 -
I just don't want to be any more out of pocket. I have incurred considerable costs by staying away from the flat for so many nights and using up a lot of my leave entitlement from work. I also took time off work to go to the Police and, at the LL's request, get the locks changed. I don't think it is unreasonable to only pay two week's rent for August when it was the LL who originally said we would have to move out for two weeks in order to get rid of the abusive flatmate.
I wouldn't mind, but the flat is in a very poor state of disrepair. He has no gas safety certificates and furnishings etc don't meet fire regulation standards. He just doesn't want to spend any money on the flat at all.0 -
What does she look like? I could come round and sort her out for you.....0
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To the OP-Landlords have certain obligations just like tenants.If you read your tenancy agreements check what is mentioned and I am sure there are some which this particular landlord has not met.0
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Things like this happen, with violent tenants the police is your port of call. I am pretty sure the landlord didn't know this tenant was crazy and with regards to references the tenant would hardly have put down their mental health advisor would they have, how do you know the landlord never checked their references etc? when it comes down to it the law is actually on this crazy persons side. They would never have been able to sucessfully evict them in before the tenancy ran out, so it was a pretty reasonable request to say theyll get them out at the end of their tenancy. Sitiuations like this are a nightmare and the only way your Landlord would have been able to deal with it quick enough is to evict them, themselves, with a few of the lads, and trust me it is not pretty!!
However if the landlord told you, you would have to move out for two weeks and now is trying to chase you for the 2 week money then they are greedy and dishonest and I would not pay it out of principal, make them raise a small claims action then fight it all the way chances are they will give up, if you have it in writing about the two weeks you may actually win!0 -
Yes-I am sure the landlord will not want to go to court given the circumstances.0
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