Landlord showing tenants around before notice period starts

Fire_Fox

StudentMoneySaver wrote: »

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.

If it were me, I'd write and say I have taken advice from the CAB or Shelter (if you read the website that is almost true) - in which case you would know about all the unfair and unlawful clauses at once. I reckon a letter with the whole lot in would put the wind right up him and stop all that intimidation.

StudentMoneySaver

I will do that then. I may call the CAB (I haven't been able to get through to Shelter) just to go through the motions, so I can unambiguously say that I have taken advice.

Would it be recommended to demand that the contract be terminated due to these issues?

I'm going to get all this information sorted in my head then I'll commit it to paper and send it by recorded delivery.

They've informed us that they're showing two people around tomorrow - it is beginning to get very irritating. I will let them in on the off chance they will take it but after that I will prevent them from coming in.

scrummy mummy - thanks for that one, I wasn't given an EPC before I decided to take up the tenancy (or after in fact) so I'll keep that in mind.

Fire_Fox

However dodgy this landlord is and however dodgy his AST is, you did sign that contract and you are bound by any terms and conditions that are lawful. Chalk this up to experience, you have had a crash course in housing law and will be able to help other students in trouble. In the future read everything you sign, if you don't understand find someone who does (like us!!). TBH the landlord has given you a lucky escape by serving notice to quit or you'd probably have been bound for fourteen months.

StudentMoneySaver

That makes sense. So my best hope is that they find a new tenant, if not I'll just leave at the end of May and they can sit on an empty property.

I'll still send the letter outlining what is wrong with the contract anyway, just to see what they do - I'll also get them to limit the time and days they bring people around because it doesn't feel comfortable living here while they're bring (mostly uninterested) people to view.

olly300

From experience a lot of landlords and letting agents will ignore you if you just give them a list of what is wrong with a contract or how they do repairs.

However if you threaten to report them to an appropriate agency, police or take them to court then actually do one of the those when they step out of line again they will actually listen to you after that.

StudentMoneySaver wrote: »

I will do that then. I may call the CAB (I haven't been able to get through to Shelter) just to go through the motions, so I can unambiguously say that I have taken advice.

You don't need to take advice as it's all on the web.

StudentMoneySaver wrote: »

Would it be recommended to demand that the contract be terminated due to these issues?

Legally you can't get contract to be terminated due to these issues without the landlord's permission. And if he agrees at the moment he will charge you as much as he can get away with i.e. £100 cleaning charge.

However if you cause enough trouble for both the landlord and letting agent first by contacting every agency involved in private lettings you an think off and giving them their names and a copy of the contract - university accommodation office, private renting officer of the local council and the local trading standards plus ensure he gets a copy of the student paper - when you ask the landlord whether the contract can be terminated by mutual agreement without any fees he is more likely to let you.

In fact he will probably help you pack.

StudentMoneySaver wrote: »

They've informed us that they're showing two people around tomorrow - it is beginning to get very irritating. I will let them in on the off chance they will take it but after that I will prevent them from coming in.

Don't prevent them completely just state when you want them to come and be reasonable about it as it would work in your favour if there is any legal dispute. State in the letter which you should send a copy to both the landlord and letting agent that if they view outside these times it's without your permission, you consider that harassment and will go to the police if they do that.

If they argue with you in person call the local police up then and there. If they threaten you on the phone then cut them off and if they ignore you wishes and enter when you are out then go to the local police station and get a crime reference number and in any future correspondence quote this.

StudentMoneySaver

I called Consumer Direct, who are passing it on to Trading Standards. I didn't get very far with the housing advice people at the local council. The man said the rent increase and the notice are two separate issues, so the landlord can use the break clause to get me out for whatever reason (even though its obviously related to the rejection of the rent increase).

StudentMoneySaver

Shocking news - someone has taken the place which means I can leave early (arranging when tomorrow). Unfortunate person.

So anything I do now would just to be causing trouble for them.

G_M

Congratulations!
Have you got something in writing to say they agree to early termination of the contract? If not, I'd recommend it to cover yourself from future arguements. This LL is likely to be awkward about the deposit and the cleaning fee - don't give him the option of suddenly saying he never agreed and you owe him ongoing rent....

StudentMoneySaver

Not so good news, they said the tenant isn't moving in until June 1st so I have to stay until then. They didn't provide anything in writing about early termination and have said that I still have to pay rent until the end (which is true I suppose). They threatened bankruptcy if I don't.

They've been advised that they've been reported to environmental health (and I've reported them to Trading Standards earlier) and my Mum is checking out what we can do about the attempt at an illegal rent increase.

Sidenote, I'm pretty depressed about all of this, uni work has suffered because I don't feel at all comfortable here. The landlord has acted appallingly since they attempted to increase the rent and are still acting appalling now (threatening behaviour etc). I really feel helpless and am thinking of moving out, dumping all the money at them and hope they never contact me again. Awful people.

Fire_Fox

((((hugs)))) Speak to your tutors at college, take a printout of this thread and your AST so they can see what you are up against. Can you go into college every day to study, is your library/ computer suite nice and peaceful? Housing is sooooo important, I am sure your lecturers will understand if you can provide evidence. I am surprised we haven't had Clutton on the thread - she is a professional landlord who get very mad when she sees this sort of carry-on in her industry. You should write the article for the student newspaper, would look great on your CV and might be rather cathartic!!