Landlord showing tenants around before notice period starts

StudentMoneySaver

I'm pretty giving up with this, my mum said she wants me to go back home because she's worrying how it is affecting me. I think I will do that and just dump the rent in the flat or something. It will be a struggle for a few weeks (until I get my last student loan payment) but at least I'll feel a lot better for it.

G_M

Whatever you decide do not simply 'dump the rent in the flat'. You must either get a receipt, or have other proof of payment like using a BACS bank transfer or cheque that can be traced.

Wishing you all the best.

StudentMoneySaver

Thank you. I will send it via bank transfer.

Once I have sorted out what I am going to do I can start attempting to inform as many people as possible about these people in the hope that they will be exposed and no one else will have to go through this.

Ignite

You list that you are in London. Is there a local paper that would be interested in this? Where I live, the local paper is always short of stories and would love to run something like this. Also, contact any consumer media programmes you can on tv and radio. If they have enough stories on a topic, they may pick yours to run with.

As far as the £100 goes, if you do pay it, how about the total amount in 5p pieces rather than anything bigger. Make sure the whole lot is lose in a box rather than in bank rolls or bags. Don't forget to ask for a receipt

StudentMoneySaver

I've lost all motivation in dealing with this. They've basically got what they wanted. I can only hope they eventually meet their match.

StudentMoneySaver

Hello again,

Its kicked off again about 2 weeks before I am leaving but unfortunately I have an exam tomorrow so I'm about to explode (Uni can't do anything about it as I can't get any proof this is happening). The cretinous landlord texted my Mum this morning (about 11am) to tell her that they're showing more people around the property for some or another (something to do with the people they found not being suitable). At about 1pm they turned up with people ready to show around. I didn't let them in, so they've been bombarding me and my mum with calls (including at her work) threatening to contact their solicitor.

I've contacted the council's tenant advice idiot, the guy was worse than useless. He claimed the Landlord is able to do this and can sue us for losses if I didn't let them in. He didn't offer any help (or direct me to any help) at all.

Basically, I'm sitting here the day before my exam in too much of a state to revise. I can't even leave the flat just in case they decide to come around again.

Any advice/support will be appreciated.

Thank you.

BitterAndTwisted

As you said, the Council's tenant advice person is an idiot: they CANNOT sue you for any losses: you have an absolute right to "quiet enjoyment" and you don't have to give anyone access to your home if you don't want to.

Sod 'em!

StudentMoneySaver

He kept saying something about a term that is usually in ASTs which allows the LL/LA show people around in the last month of the contract. I already allowed them to show people around when they initially pulled their "accept the rent increase or we'll use our break clause" scam (incidentally, the council jobsworth didn't see anything wrong with the LL doing that), so it's not my problem if the prospective tenant didn't meet their requirements.

They've really messed up my academic year, I missed an essay deadline due to their original shenanigans and I'm not going to do as well as I should in my exam tomorrow.

The most annoying thing is that there is nothing I can do to punish them for what they've done.

clutton_2

sorry i only just got to read this thread .. what an utterly appalling landlord.. a bullying nasty piece of work.....

You certainly are the victim of criminal harrassment - under the Protection From Eviction Act 1977 ....

What to do next depends entirely on you....

you can leave and hope he leaves you alone - but do you think he will ?

or you can fight back.......

If you want to take firm action against people like this, you will need to go to a solicitor .... i expect you will qualify for legal aid.... who will write to him and instruct him to discontinue these bullying practices

When bullies bully the vulnerable, and when a Legal expert gets involved, the bully often backs down....

i think you are probably feeling utterly powerless and helpless in all this, and no doubt a lot of tears have been shed - by you and mum probably.

As soon as you take some action which puts you back in control then you will feel better..

Re the tenancy agreement (many of the clauses quoted above will be deemed as unenforceable) the legal instrument applying to this is Unfair Terms in Consumer Contracts Regulations 1999.

No one would blame you if you walked away for peace of mind... your exams and self-worth and happiness are much more important... dont feel that you will have let ANYone down if you do that.....

If you want to fight - then a solicitor is the only way..... if you do chose this route, write down as briefly as you can the preceding issues so that you can take that with you.. it will save time - take your Agreement with you.

some solicitors offer a free half hour surgery - phone one or two to see if they do..... CAB also may know of LL&T expert solicitors who they can recommend....

No one would blame you if you walked away for peace of mind... your exams and self-worth and happiness are much more important... dont feel that you will have let ANYone down if you do that.....

best of luck

i suggest you go to mums tonight and get some cuddles and some sleep .....

xx



p.s. "The most annoying thing is that there is nothing I can do to punish them for what they've done.""

there's always the kipper in the curtain pole trick !!! - only joking....

teeni

G_M wrote: »

Excuse me barging in but a lot of rubbish has been said in this thread! Sorry!

1) Yes, an AST can be for 4 months, or indeed any period. The 6 months belief comes about because as a result of statute law a landlord CANNOT seek request possession before 6 months. So the fixed term could be 4 months and the tenant could then leave, but if tenant stays, LL cannot enforce the 4 months but must wait till 6. Consequently MOST ASTs are 6 months or more.

2) However this seems to be a 12 month fixed term.

3) During the fixed term, the rent CANNOT be raised.

4) Because of the break clause, the LL CAN seek possession at the 6 months point, provided the necessary notice is given.

5) The tenant has no break clause so can either
a) wait for 12 months
b) leave after 6 months IF the LL has used the break clause or
c) leave at ANY time if the tenant and LL AGREE (in writing just to be safe!)

6) Even if the LL uses the break clause correctly and requests the tenant leave after 6 months, the tenant can STAY. The LL would then need to seek a court order (2 months or so??)

7) If the tenant does not want ANY viewing, he can refuse. A letter should be sent to the LL/agent stating this. If the tenant is happy to allow viewings at restricted times (ie when he gets in from work) same thing. Write a letter. If the tenant does not want viewing while he is out, same thing - write a letter.

8) As there is no deposit, and hence no fear of it being held back, I see no reason to be overly worried or 'nice' about viewings.

9) If the tenant fears the LL will ignore his instructions about no viewings, he should change the lock, keep the original one, and replace it when he leaves.

10)the contract, like many, is full of illegal clauses which CANNOT be enforced - ie the locks; the repossesion after 21 days rent arrears (needs a court order); the excessive admin fees for late payments etc etc. No court would uphold these contract terms!

IGNORE THE CONTRACT AND USE THE LAW CONCERNING ASTs!

Hope this helps!

ps - it's been suggested this LL does not know what he's doing. I think he knows exactly what he's doing and is counting on his tenants not knowing! Do not take any b*llsh*t from this LL!

i agree there has been a lot of rubbish in this thread and your thread sets out the position perfectly . The only bit i would query is the fact that the landlord has a early break clause and tenant doesnt as this is not covered by housing law but basic contract law. it is unfair to have a break clause that only benefits one party and any attempt to use this could be challenged under unfair contract law.