Landlord showing tenants around before notice period starts

franklee

I haven't read this contract but just looking at one page this stood out:

7. Deposit £Nil
The Landlord has not taken a deposit from the tenant.
The Tenant has paid £200.00 retention to the landlord.

What the heck is a retention? I thought taking any kind of deposit regardless of what it's called meant it had to be registered?

StudentMoneySaver

kmmr wrote: »

Take some time to think about it. Be confident when you deal with the LL. G_M is right, the reality is this LL relies on you not knowing your rights to make money from students.

What is your ideal solution here? Do you want to stay or go? Do you want to get money from the LL, name and shame him, or just get away?

I'm set on getting out of here ASAP, if worst comes to worst I'll move out and leave it empty for the rest of the contract. Once I've reread what everyone has posted, I may have a better idea about what to do. But I have essay deadlines, which I may have to get extended due to the worry I've been experiencing.

As he's taking advantage of students I want to name and shame too. I don't really want any money from him, I don't think I'm entitled to any anyway.

G_M

StudentMoneySaver wrote: »

Do you think it will be ok if I handed this over in an assortment of 10p, 20p, 50p and £1 coins?

When you leave, clean everything thoroughly. Get an independant witness who can verify it is clean. Take photos.

Then do not pay the £100. It is only necessary for the LL to clean if you leave it dirty!

If the LL came after you in court for the £100, you would produce your witness, show your photos, and the court would tell the LL to ..... well OK they don't use language like that in court but you get my drift!

StudentMoneySaver

Thanks for that. Judging by the condition the flat was in when I moved in, the landlord has absolutely no intention of cleaning the property with the money. Aside from the enormous dust balls and the rubbish on the floor, I was welcomed to the bed by an item of ladies underwear.

They did an 'annual inspection' yesterday, apparently sanctioned in the contract but I've been unable to find a reference to it and despite the tenancy only being an 5 and half months. Apparently the flat was 'filthy' by the landlord (to my Mum, who I've requested represent me after I lost it on the phone with him last week, contemptuous would probably describe his tone), despite the check being basically in and out (no notes were taken and they didn't actually give a verdict) and him not actually being there.

These people are annoyingly crooked. If I didn't want to move out so much, I would make their life extremely awkward.

Fire_Fox

StudentMoneySaver wrote: »

Thanks for that. Judging by the condition the flat was in when I moved in, the landlord has absolutely no intention of cleaning the property with the money. Aside from the enormous dust balls and the rubbish on the floor, I was welcomed to the bed by an item of ladies underwear.

They did an 'annual inspection' yesterday, apparently sanctioned in the contract but I've been unable to find a reference to it and despite the tenancy only being an 5 and half months. Apparently the flat was 'filthy' by the landlord (to my Mum, who I've requested represent me after I lost it on the phone with him last week, contemptuous would probably describe his tone), despite the check being basically in and out (no notes were taken and they didn't actually give a verdict) and him not actually being there.

These people are annoyingly crooked. If I didn't want to move out so much, I would make their life extremely awkward.

Inspection is in section 7 (a) - it is NONE of the landlord's business how you live and they are NOT allowed to critique your cleanliness unless it is causing pest control issues. You have a responsibility to return the property in the condition you received it and to behave in a 'tenant-like manner' in the interim. Obviously I would not suggest actually returning it dust bunnies and all!! Sounds to me like that inspection was because you had a row, throwing his weight around. Did you complain in writing about the ladies underwear and rubbish on the floor?

StudentMoneySaver

I think they inspected every flat in the building but the timing is strange. I didn't complain at all about it, I now realise I should have been at them about every little thing.

Could anyone suggest a next move? I basically want to leave which suggests I should hope that someone takes the flat, which is looking unlikely considering 2 people have turned their nose up at it in less than a minute of entering. Wasted my time cleaning it from top to bottom which is massively annoying.

StudentMoneySaver

I was thinking last night and I remembered what the LL said last week. He said I don't have security, I think when I said I did I meant 'quite enjoyment'. Also, hevsaid he would claim any losses from my mum if I didn't let anyone in to view the property.

I'm thinking he's talking nonsense and attempting to intimidate me. Would this be correct?

G_M

StudentMoneySaver wrote: »

I'm thinking he's talking nonsense and attempting to intimidate me. Would this be correct?

Yes it is.

StudentMoneySaver

Thanks. So, I think I may send a letter saying they can only show people around on a certain day of the week at a certain time. I'll do that after the person visits this Thursday, assuming they don't want to move in.

I may do a slow drip of information to them (starting with asserting the right of 'quiet enjoyment' as above), ultimately telling them that their attempt at a rent increase is illegal - possibly serving notice based on the Protection from Eviction Act 1977 (would this be possible?), also citing all the unfair/illegal clauses in the contract you guys have pointed out.

scrummy_mummy_2

One can write what they want into a contract, but for it to be upheld in a court it needs to be.
1. Lawful...ie: it cannot attempt to overwrite or supercede statute.
2. Reasonable...this addresses punitive and ridiculous financial penalties
3. Enforceable...speaks for itself, must be ordered by a court.

Bullying tactics by LL shouldd not be tolerated...any monies taken as (insert your own definition, reparations/restitutions/holding/security) at the start of a tenancy are a deposit and are legally required to be protected.

I draw your attention back to my point about his EPC...if he hasn't got one and given sight of it to any prospective new tenants BEFORE they decide whether or not to take the accommodation, and thus before granting a new tenancy you can report him to trading standards and he'll be fined....keep that one in your back pocket in case he gives you bother.