Help Required Complicated Issue

hudson101_2

Moved into a ground floor flat on the 11/05/08 Tenancy agreement was fixed for 6 months on an “Assured Short hold Tenancy Agreement under part 1 of the Housing Act 1988 as amended by the Housing Act 1996
Agreed Rent was for £425.00 plus a deposit of £425.00 which was to be placed into DPS scheme.
Points I made at the time of moving in were as follows:
1. Tenancy Agreement said about an inventory but as yet I have never been given a signed Inventory and the goods that belong to the LL have still not been removed from the Garage as promised.
2. Notice that the Tenancy Agreement Stated “Title and power to enter this agreement and has obtained all consents necessary to enable the landlord to enter the agreement including consent of lender “I asked if this was all above board and could she supply details. This was promised but nothing has ever arrived.
3. In the Tenancy Agreement there was a clause saying I had to abide by the head lease but no details were given even though I had asked for them.
3 months into the tenancy agreement I was advised by the LL that a letter had been received by the management company demanding a payment of £375.00 for “Service Charges” The land lady explained to me that in the Terms of my contract it states “to pay all outgoings charged or imposed on, or payable in respect of the property or charged or imposed on, or payable by the owner or occupier of the property; and

The cost of all electricity, water, gas and oil consumed and cost of all telephone calls made at the property during the tenancy together with any rental or standing charges levied by the appropriate authorities and the television licence fee and the maintenance/support charges, cable and satellite charges where applicable"
I argued with her and quoted from the Tenancy Agreement where it states LL Obligations “to pay all rates and taxes assessments and other outgoings which now and hereafter become payable in respect of the property except those that are the responsibility of the tenant"
The basic answer I was given (because the LL has a Law Degree) I had accepted “legally in writing to accept all charges in relation to the property and as I was enjoying the use of “communal areas” it is only right that I pay. I could always end the tenancy if I was not happy but I would have to pay for the full 6 months that I had agreed.
Anyway I had to put up and shut up till the end of the 6 months. I got a letter “Amendment 2 enclosed extending the Tenancy agreement to sign and return (never got a copy back) everything went quiet and I just continued paying making sure the place was spotless for her inspections every 3 months. Then I lost my Job in November we had a meeting and she advised that she did not wish people on DSS living in the property and that she would use my deposit to pay for 1 months rent to give me time to look for a job in the mean time she would renew my agreement on a monthly basis which never happened
I did find a job so everything went back to normal I got a letter of “Amendment 2" Dated 20/05/10 and it was to backdate my agreement to 21/03/10 to 21/09/2010 which I have not signed because in the letter she has stated that as her service charge has double so to must the rent and now the rent is £510 to include service charge”
I complained about repairs not been completed the outside lights are not working the intercom system is not working the doors keep jamming and she will not respond to my complaints not surprising as she has not paid the fees.
3 weeks ago I had to leave work due to ill health the wonderful “Big C” has been kicking around my body and I have been told that I may have to go through chemo told landlady that I have made a claim for housing benefit and they will only pay the rent not the service charges as they have said I should not be paying them. I rang up the management company who were not aware the property was been rented out now it appears the mortgage company don’t either as the land lady told me she is not on a buy to let and that’s why she is not happy about me claiming benefits.
Because of all this I am afraid I will become homeless and there seems to be very little help or advice available what I am want anyone out there to do is give me some sound advice about what I should do and what action if any I can take what I seem to realise is that I have been stung and very little chance of getting my money back. I also have the management company knocking on the door demanding £1500 for non payment of service charge but when I tell them that I have paid the landlord they have told me they have got nothing from her and they are writing to her lender.
I’m so bloody confused and just need point in the right direction sorry for taking all the space up just want to get as many facts down as possible especially with dates not adding up and someone telling me because of the gap I am actually on a periodic tenancy agreement
I have wrote to her asking for a statement detailing the charges what they are for and what I have paid but someone has advised me that it’s none of my bloody business it’s up to her if she pays the money or not. I always thought that if you gave money to someone for something specific if they spent it then it was theft but I could be wrong
So ladies and gentleman any help would be really appreciated right now
Thanks in advance

LisaLou1982

OP, Ive tried to move your post into more readable paragraphs so that its easier to reply.....


Moved into a ground floor flat on the 11/05/08 Tenancy agreement was fixed for 6 months on an “Assured Short hold Tenancy Agreement under part 1 of the Housing Act 1988 as amended by the Housing Act 1996

Agreed Rent was for £425.00 plus a deposit of £425.00 which was to be placed into DPS scheme.

Points I made at the time of moving in were as follows:
1. Tenancy Agreement said about an inventory but as yet I have never been given a signed Inventory and the goods that belong to the LL have still not been removed from the Garage as promised.
2. Notice that the Tenancy Agreement Stated “Title and power to enter this agreement and has obtained all consents necessary to enable the landlord to enter the agreement including consent of lender “I asked if this was all above board and could she supply details. This was promised but nothing has ever arrived.
3. In the Tenancy Agreement there was a clause saying I had to abide by the head lease but no details were given even though I had asked for them.

3 months into the tenancy agreement I was advised by the LL that a letter had been received by the management company demanding a payment of £375.00 for “Service Charges”. The land lady explained to me that in the Terms of my contract it states “to pay all outgoings charged or imposed on, or payable in respect of the property or charged or imposed on, or payable by the owner or occupier of the property; and

The cost of all electricity, water, gas and oil consumed and cost of all telephone calls made at the property during the tenancy together with any rental or standing charges levied by the appropriate authorities and the television licence fee and the maintenance/support charges, cable and satellite charges where applicable"

I argued with her and quoted from the Tenancy Agreement where it states LL Obligations “to pay all rates and taxes assessments and other outgoings which now and hereafter become payable in respect of the property except those that are the responsibility of the tenant"

As far as im aware, the landlord is not allowed to pass on the service charges of a building to the tenant to pay. Someone might come along and correct me though if im wrong....

The basic answer I was given (because the LL has a Law Degree) I had accepted “legally in writing to accept all charges in relation to the property and as I was enjoying the use of “communal areas” it is only right that I pay. I could always end the tenancy if I was not happy but I would have to pay for the full 6 months that I had agreed.

Anyway I had to put up and shut up till the end of the 6 months. I got a letter “Amendment 2 enclosed extending the Tenancy agreement to sign and return (never got a copy back) everything went quiet and I just continued paying making sure the place was spotless for her inspections every 3 months.

What was the amendment for?

Then I lost my Job in November we had a meeting and she advised that she did not wish people on DSS living in the property and that she would use my deposit to pay for 1 months rent to give me time to look for a job in the mean time she would renew my agreement on a monthly basis which never happened

She cant use your deposit to pay your rent. Was it registered with the DPS?

I did find a job so everything went back to normal I got a letter of “Amendment 2" Dated 20/05/10 and it was to backdate my agreement to 21/03/10 to 21/09/2010 which I have not signed because in the letter she has stated that as her service charge has double so to must the rent and now the rent is £510 to include service charge”

Not sure if this only applies to long term tenants under protected tenancy, but i thought you could only put the rent up by a "reasonable" amount which i understood to be 10%

I complained about repairs not been completed the outside lights are not working the intercom system is not working the doors keep jamming and she will not respond to my complaints not surprising as she has not paid the fees.

Send a letter to her outlining all of your queries and send it recorded delivery. Do you have an agent or is it a private let?

3 weeks ago I had to leave work due to ill health the wonderful “Big C” has been kicking around my body and I have been told that I may have to go through chemo told landlady that I have made a claim for housing benefit and they will only pay the rent not the service charges as they have said I should not be paying them.

I rang up the management company who were not aware the property was been rented out now it appears the mortgage company don’t either as the land lady told me she is not on a buy to let and that’s why she is not happy about me claiming benefits.

Because of all this I am afraid I will become homeless and there seems to be very little help or advice available what I am want anyone out there to do is give me some sound advice about what I should do and what action if any I can take what I seem to realise is that I have been stung and very little chance of getting my money back. I also have the management company knocking on the door demanding £1500 for non payment of service charge but when I tell them that I have paid the landlord they have told me they have got nothing from her and they are writing to her lender.

I’m so bloody confused and just need point in the right direction sorry for taking all the space up just want to get as many facts down as possible especially with dates not adding up and someone telling me because of the gap I am actually on a periodic tenancy agreement

I have wrote to her asking for a statement detailing the charges what they are for and what I have paid but someone has advised me that it’s none of my bloody business it’s up to her if she pays the money or not.

I always thought that if you gave money to someone for something specific if they spent it then it was theft but I could be wrong. So ladies and gentleman any help would be really appreciated right now

Thanks in advance

Ive tried to help a little with the bits in bold.....someone will be along soon that has a lot more knowledge than me no doubt!

Do you rent through the landlord directly or through an agency? The service charges are nothing to do with you as a tenant and if the landlady hasnt paid them then they will take it up with her directly. Forward on any letters to her.

If the landlady wants to give you notice, she can do so at any time by serving you with the relevant notice. Likewise, if you want to leave, you need to give her 4 weeks notice (or whatever your contract stipulates)

Are you happy in the flat? It sounds to me like the landlady is causing you more hassle than you need, esp if you are going through health issues at the min. Could you find anything similar for the same sort of price close by?

bitsandpieces

It does sound complicated. Worth getting advice from CAB, Shelter (you can phone them) or a charity like Macmillan who support people with Cancer.

Don't panic. I'm assuming you're in England, not Scotland, given your location. As long as you pay the rent, you're almost certainly safe until the end of the fixed term of the tenancy or for the 2 months notice the landlady has to give you (whichever is furthest away). Not sure what the situation is if you pay the rent but not service charge - but even if you stopped paying the rent (which you shouldn't do) it would still take quite a long time before you were evicted. Once the fixed term contract/2 months notice are up, your landlady would need to go to court to evict you (taking more time) and then - when the court say you have to leave (the judge may give you a bit more time if your circumstances demand sympathy) - she would need to employ bailiffs (taking more time).

The short version is that you won't be evicted especially quickly (assuming you can't convince your landlady to let you stay). It's horrible if you're forced to move and don't want to, but you will have time to find another place. The important thing is to get the treatment and support you need to get better - while dealing sensibly with landlady etc. at the same time.

hudson101_2

LisaLou1982 wrote: »

OP, Ive tried to move your post into more readable paragraphs so that its easier to reply.....

Thanks for your reply and making it easier to read not sure what I'm doing with sort of thing but by god i'm having to lern and quick. I was told that there is a lot of good people on here who know what advice to give.


Moved into a ground floor flat on the 11/05/08 Tenancy agreement was fixed for 6 months on an “Assured Short hold Tenancy Agreement under part 1 of the Housing Act 1988 as amended by the Housing Act 1996

Agreed Rent was for £425.00 plus a deposit of £425.00 which was to be placed into DPS scheme.

Points I made at the time of moving in were as follows:
1. Tenancy Agreement said about an inventory but as yet I have never been given a signed Inventory and the goods that belong to the LL have still not been removed from the Garage as promised.
2. Notice that the Tenancy Agreement Stated “Title and power to enter this agreement and has obtained all consents necessary to enable the landlord to enter the agreement including consent of lender “I asked if this was all above board and could she supply details. This was promised but nothing has ever arrived.
3. In the Tenancy Agreement there was a clause saying I had to abide by the head lease but no details were given even though I had asked for them.

3 months into the tenancy agreement I was advised by the LL that a letter had been received by the management company demanding a payment of £375.00 for “Service Charges”. The land lady explained to me that in the Terms of my contract it states “to pay all outgoings charged or imposed on, or payable in respect of the property or charged or imposed on, or payable by the owner or occupier of the property; and

The cost of all electricity, water, gas and oil consumed and cost of all telephone calls made at the property during the tenancy together with any rental or standing charges levied by the appropriate authorities and the television licence fee and the maintenance/support charges, cable and satellite charges where applicable"

I argued with her and quoted from the Tenancy Agreement where it states LL Obligations “to pay all rates and taxes assessments and other outgoings which now and hereafter become payable in respect of the property except those that are the responsibility of the tenant"

As far as im aware, the landlord is not allowed to pass on the service charges of a building to the tenant to pay. Someone might come along and correct me though if im wrong....

The basic answer I was given (because the LL has a Law Degree) I had accepted “legally in writing to accept all charges in relation to the property and as I was enjoying the use of “communal areas” it is only right that I pay. I could always end the tenancy if I was not happy but I would have to pay for the full 6 months that I had agreed.

Anyway I had to put up and shut up till the end of the 6 months. I got a letter “Amendment 2 enclosed extending the Tenancy agreement to sign and return (never got a copy back) everything went quiet and I just continued paying making sure the place was spotless for her inspections every 3 months.

What was the amendment for?

Every time the tenancy agreement was due to end she would send a letter titled "Amendment 2" this replaces Tenancy agreement dated xx/xx/xxx and will now expire 6 months later

The only time this changed was last november when I lost my job by been made redundant she said she would issue a new agreement each month this didn't happen and she just sent one on the 20/05/10 to backdated to the 20/03/10 which meant from 10/11/2009 - 20/05/10 ( the date I recived but have NOT signed yet) I had no tenancy agreement I was told this could have gone into some sort of "Periodic" Tenanacy

Then I lost my Job in November we had a meeting and she advised that she did not wish people on DSS living in the property and that she would use my deposit to pay for 1 months rent to give me time to look for a job in the mean time she would renew my agreement on a monthly basis which never happened

She cant use your deposit to pay your rent. Was it registered with the DPS?

I had to agree for her to release the deposit to pay the months rent that was required she contacted DPS they asked me if the Tenancy had expired and she got the money. her intention was to get it back off me but as yet she has not got round to sorting it out. So there is no deposit at the moment not sure if she is allowed to do that or if it works in my favour or not?

I did find a job so everything went back to normal I got a letter of “Amendment 2" Dated 20/05/10 and it was to backdate my agreement to 21/03/10 to 21/09/2010 which I have not signed because in the letter she has stated that as her service charge has double so to must the rent and now the rent is £510 to include service charge”

Not sure if this only applies to long term tenants under protected tenancy, but i thought you could only put the rent up by a "reasonable" amount which i understood to be 10%

As far as I understand because it's a private landlord she can charge what she likes I have pointed out that the flat above me is been advertised at £425 per month "No Service Charges" but they do not accept DSS. So I'm stuck that way.

I complained about repairs not been completed the outside lights are not working the intercom system is not working the doors keep jamming and she will not respond to my complaints not surprising as she has not paid the fees.

Send a letter to her outlining all of your queries and send it recorded delivery. Do you have an agent or is it a private let?

Sent two letters already asking her for a statement asking for a statement showing the amounts I have paid for the service charge and what the charges cover but as yet she is refusing to put anything in writing. She has asked to come round and chat providing I am on my own.

3 weeks ago I had to leave work due to ill health the wonderful “Big C” has been kicking around my body and I have been told that I may have to go through chemo told landlady that I have made a claim for housing benefit and they will only pay the rent not the service charges as they have said I should not be paying them.

I rang up the management company who were not aware the property was been rented out now it appears the mortgage company don’t either as the land lady told me she is not on a buy to let and that’s why she is not happy about me claiming benefits.

Because of all this I am afraid I will become homeless and there seems to be very little help or advice available what I am want anyone out there to do is give me some sound advice about what I should do and what action if any I can take what I seem to realise is that I have been stung and very little chance of getting my money back. I also have the management company knocking on the door demanding £1500 for non payment of service charge but when I tell them that I have paid the landlord they have told me they have got nothing from her and they are writing to her lender.

I’m so bloody confused and just need point in the right direction sorry for taking all the space up just want to get as many facts down as possible especially with dates not adding up and someone telling me because of the gap I am actually on a periodic tenancy agreement

I have wrote to her asking for a statement detailing the charges what they are for and what I have paid but someone has advised me that it’s none of my bloody business it’s up to her if she pays the money or not.

I always thought that if you gave money to someone for something specific if they spent it then it was theft but I could be wrong. So ladies and gentleman any help would be really appreciated right now

Thanks in advance

Ive tried to help a little with the bits in bold.....someone will be along soon that has a lot more knowledge than me no doubt!

Much appreciate good that there are some out there that do care and not out to make a fast buck

Do you rent through the landlord directly or through an agency? The service charges are nothing to do with you as a tenant and if the landlady hasnt paid them then they will take it up with her directly. Forward on any letters to her.

Rent from Lanlord direct she didn't want to go through an agent because she knew me from work so was happy to take two references from my boss and she said it would save her loosing a months rent in the fees she would have to pay

If the landlady wants to give you notice, she can do so at any time by serving you with the relevant notice. Likewise, if you want to leave, you need to give her 4 weeks notice (or whatever your contract stipulates)

Are you happy in the flat? It sounds to me like the landlady is causing you more hassle than you need, esp if you are going through health issues at the min. Could you find anything similar for the same sort of price close by?

I was happy in the flat but now I feel at risk if she has not declared it to her mortgage company or the management company and the lease holder then they could force me out becaise it looks like i am in a loose loose situation.

tbs624

hudson101 wrote: »

1. Tenancy Agreement said about an inventory but as yet I have never been given a signed Inventory and the goods that belong to the LL have still not been removed from the Garage as promised.

Lack of an inventory more of an issue for your LL than for you as the T

hudson101 wrote: »

2. Notice that the Tenancy Agreement Stated “Title and power to enter this agreement and has obtained all consents necessary to enable the landlord to enter the agreement including consent of lender “I asked if this was all above board and could she supply details. This was promised but nothing has ever arrived.

If your “law degree” LL signed this and she did not have consent then she has fraudulently misrepresented the facts to you

hudson101 wrote: »

3. In the Tenancy Agreement there was a clause saying I had to abide by the head lease but no details were given even though I had asked for them.

It is unreasonable to expect a T to agree to something about which he has no information. The OFT have described such clauses (usually relating to the LLs insurance policy) as potentially unenforceable, if the T has not been provided with the full details.

hudson101 wrote: »

[FONT=&quot]………. the end of the 6 months. I got a letter “Amendment 2 enclosed extending the Tenancy agreement to sign and return (never got a copy back) everything went quiet and I just continued paying making sure the place was spotless for her inspections every 3 months. [/FONT]

[FONT=&quot]Did you not take your own photocopy? What form did this "extension" take? Was it a new Fixed Term AST? [/FONT]

hudson101 wrote: »

Then I lost my Job in November we had a meeting and she advised that she did not wish people on DSS living in the property and that she would use my deposit to pay for 1 months rent to give me time to look for a job in the mean time she would renew my agreement on a monthly basis which never happened [/QUOTE]

You and she both appear confused. The law allows for what is called a statutory periodic tenancy to arise at the end of a Fixed Term - all the terms from the previous FT contract apply, except for “determination”, ie when the tenancy will end. It can be ended by you giving the LL one month’s notice but the LL has to give you 2 months (assuming your rent is paid monthly)

hudson101 wrote: »

I did find a job so everything went back to normal I got a letter of “Amendment 2" Dated 20/05/10 and it was to backdate my agreement to 21/03/10 to 21/09/2010 which I have not signed because in the letter she has stated that as her service charge has double so to must the rent and now the rent is £510 to include service charge”

Rent increases have to be properly notified to Ts and Ts can take the proposed increase to a local Rent Assessment Panel and ask for their decision. Never sign a back-dated agreement. Did your LL get a third class law degree from a second rate Uni?

hudson101 wrote: »

I complained about repairs not been completed the outside lights are not working the intercom system is not working the doors keep jamming and she will not respond to my complaints not surprising as she has not paid the fees.

Always, always report repairs issue in writing and keep copies of the letters for your own records

hudson101 wrote: »

3 weeks ago I had to leave work due to ill health the wonderful “Big C” has been kicking around my body and I have been told that I may have to go through chemo told landlady that I have made a claim for housing benefit and they will only pay the rent not the service charges as they have said I should not be paying them.

Will your LHA cover the full rent? If you are under 25 and single you will only qualify for the “shared room rate”. Be aware that if your claim is taking a long time to get sorted out you can ask for an interim payment to be made.

hudson101 wrote: »

I rang up the management company who were not aware the property was been rented out now it appears the mortgage company don’t either as the land lady told me she is not on a buy to let and that’s why she is not happy about me claiming benefits.

Even if her mortgage was a BTL, many lenders stipulate no DSS tenants, (which is a difficult one to comply with as people do sometimes lose their jobs midway through a tenancy) but obviously your LL was concerned that your claim would highlight her lack of lender consent.She is also unlikely to declaring her rental income to HMRC.

hudson101 wrote: »

Because of all this I am afraid I will become homeless and there seems to be very little help or advice available what I am want anyone out there to do is give me some sound advice about what I should do and what action if any I can take what I seem to realise is that I have been stung and very little chance of getting my money back.

You obviously have more than your fair share of life stresses at the moment and I hope that you have good support from your GP, HV, and cancer support agencies. On the tenancy issues , first check for yourself whether your tenancy deposit has been scheme registered - google DPS, mydeposits, TDS and get written confirmation from each. You can pursue your LL for your deposit return, plus costs plus a penalty payment of 3x the original deposit amount if she has failed to comply with the Tenancy Deposit regs.

hudson101 wrote: »

I’m so bloody confused and just need point in the right direction sorry for taking all the space up just want to get as many facts down as possible especially with dates not adding up and someone telling me because of the gap I am actually on a periodic tenancy agreement
I have wrote to her asking for a statement detailing the charges what they are for and what I have paid but someone has advised me that it’s none of my bloody business it’s up to her if she pays the money or not.

Have you not kept your own records - bank statements etc - showing exactly what you have paid and when?

Your local Council has a Private Sector Rentals section , within which lurks a TRO (tenancy relations officer) S/he can help you with this and it won’t cost you anything. Gather all your paperwork together and make an appointment - tell them that its urgent and that you may lose your home. Shelter can also help 0808 800 444 and you may qualify for free legal advice - see here

hudson101_2

tbs624 wrote: »

Lack of an inventory more of an issue for your LL than for you as the T


If your “law degree” LL signed this and she did not have consent then she has fraudulently misrepresented the facts to you

This is what I have been trying to explain. I only entered into this agreement as she had stated that she had all consents and I knew with that she must have be legitimate and that it was all above board. If I had known that she had not got permissions then I would not have signed the contract. My issue now is how can I prove she did not have permission and how do I go about sorting this fraud out? Should I ask her to prove she has permission? Do I take her to Court? will she have to pay any damages and will the agreement still be legal?

It is unreasonable to expect a T to agree to something about which he has no information. The OFT have described such clauses (usually relating to the LLs insurance policy) as potentially unenforceable, if the T has not been provided with the full details.

[FONT=&quot]Did you not take your own photocopy? What form did this "extension" take? Was it a new Fixed Term AST? [/FONT]

The new form was just in a letter format really and yes it was as a new fixed term.

hudson101 wrote: »

Then I lost my Job in November we had a meeting and she advised that she did not wish people on DSS living in the property and that she would use my deposit to pay for 1 months rent to give me time to look for a job in the mean time she would renew my agreement on a monthly basis which never happened [/QUOTE]

You and she both appear confused. The law allows for what is called a statutory periodic tenancy to arise at the end of a Fixed Term - all the terms from the previous FT contract apply, except for “determination”, ie when the tenancy will end. It can be ended by you giving the LL one month’s notice but the LL has to give you 2 months (assuming your rent is paid monthly)
Rent increases have to be properly notified to Ts and Ts can take the proposed increase to a local Rent Assessment Panel and ask for their decision. Never sign a back-dated agreement. Did your LL get a third class law degree from a second rate Uni? Always, always report repairs issue in writing and keep copies of the letters for your own records
Will your LHA cover the full rent? If you are under 25 and single you will only qualify for the “shared room rate”. Be aware that if your claim is taking a long time to get sorted out you can ask for an interim payment to be made.
Even if her mortgage was a BTL, many lenders stipulate no DSS tenants, (which is a difficult one to comply with as people do sometimes lose their jobs midway through a tenancy) but obviously your LL was concerned that your claim would highlight her lack of lender consent.She is also unlikely to declaring her rental income to HMRC.

You obviously have more than your fair share of life stresses at the moment and I hope that you have good support from your GP, HV, and cancer support agencies. On the tenancy issues , first check for yourself whether your tenancy deposit has been scheme registered - google DPS, mydeposits, TDS and get written confirmation from each. You can pursue your LL for your deposit return, plus costs plus a penalty payment of 3x the original deposit amount if she has failed to comply with the Tenancy Deposit regs.
Have you not kept your own records - bank statements etc - showing exactly what you have paid and when?

Yes I have copies of everything the land registry documents where here address is still listed as her been here. All communication from her all my bank statements the lot

Your local Council has a Private Sector Rentals section , within which lurks a TRO (tenancy relations officer) S/he can help you with this and it won’t cost you anything. Gather all your paperwork together and make an appointment - tell them that its urgent and that you may lose your home. Shelter can also help 0808 800 444 and you may qualify for free legal advice

Thanks for your advise you really seem to know your stuff

clutton_2

This LL thinks she knows what she is donig... but she does not.... tenants dont pay service charges normally.. and the freeholders have no business at all asking you for it.. refer them in writing to the LL... i assume you have her address.. if you dont you must get it now - ask for it in writing if you dont have it - as you will need it if you plan to sue her in the future....

This woman is "playing " at lawyers...

Re her have/not having permission to let .. this is not anything you can take her to court for now .. as you have (as yet anyway) suffered no financial loss because she has no permission

Forcing you to tell DPS that the tenancy had ended when it had not is, i suspect, Fraud and possibly harrassment...

As others have said.. contact your local council private rental sector officer.. but do be prepared for her to give you notice to quit..

hudson101_2

clutton wrote: »

This LL thinks she knows what she is donig... but she does not.... tenants dont pay service charges normally.. and the freeholders have no business at all asking you for it.. refer them in writing to the LL... i assume you have her address.. if you dont you must get it now - ask for it in writing if you dont have it - as you will need it if you plan to sue her in the future....

This woman is "playing " at lawyers...

Re her have/not having permission to let .. this is not anything you can take her to court for now .. as you have (as yet anyway) suffered no financial loss because she has no permission

Forcing you to tell DPS that the tenancy had ended when it had not is, i suspect, Fraud and possibly harrassment...

As others have said.. contact your local council private rental sector officer.. but do be prepared for her to give you notice to quit..

Thanks for advice have just come from the Council however there is not a lot they can do especially with Private LL it appears they are a law to themselves and as I was told "there is some very good genuine ones but then there are some real bad ones"

They have put me on a waiting list I should get priority with been in but they have advised me to sit tight.

One thing they did say was that if the agreement was signed on the knowlege that no permission had been gained then tech the agreement could be deemed to be invalid. Don't know if he had much experience but he was sort of saying that tech I owed no rent and under the law of "Tort" i could try and claim the rent back but don't know how true this is.

Apparently the law is very complicated in this field as far as the £1125 I have paid in "Service Charges" already he was suggesting that I not pay any rent for 3 months to recover my money and as there is no deposit I could always just leave but again not sure if this is good sound advise?