Nightmare Landlady - advice needed

moneysavinmonkey

will try and explain this as best I can....

I recently moved 'down south' and started renting a room in a house from a private landlady along with two other lovely girls my age who were also new to the area.... 6 months later after a series of escapades (extensive mould appeared in bathroom, no heating+hot water for 2 weeks, cooker blew up, increasingly erratic behaviour by the landlady etc + £50 rent increase) I decided to move out and got a flat near by with my bf who had by then followed me down from Scotland.

Stayed good friends with the two girls, who decided to stay put as they really like the area + didn't really have anywhere else to go. It is nearly two months since I have moved out and they landlady hasn't replaced me yet, relations between her and the girls have broken down and now they have told me that she intends to move in TWO extra people this weekend.

At the moment the property only has 3 bedrooms but has a dining room which was used by everyone... when the rent increase was discussed the landlady did give the option of using this room as a 4th bedroom and this would negate the need for a rent increase but we told her this was unacceptable as we all used that room (for dining , studying, has only telephone/internet point, guest sofa bed) and didn't think there was enough
communal space (only one bathroom, 3 small cupboards in kitchen and small fridge - 3 shelves- with icebox). it was decided that only 3 people would live in the house and we agreed to the rent increase....we didn't get this in writing specifically but new contracts (AST) with the new rent were signed.

I'm going round to see them tomorrow and they are expecting some advice from me as I was alway the one who delt with the landlady and knew a bit about tenant rights etc... but i'm a bit out of my depth now to be honest!! What do you think I should advise them to do.

I feel the landlady is becoming increasingly unhinged- she has no idea of her rights or responsibilities and is making their life very stressfull. I think they should definately consult with CAB but that maybe they should stop paying their rent altogether and find somewhere else to live - can they do this - the landlady has broken the tenancy agreement loads of times by entering the property without agreement and has increasingly used what i would call threatening behaviour against them - is this enough for them to stop paying?
(consumer revenge!)

these are both young (+impovished) professional types and i would say they are paying market rate at the moment for their rent so i don't see why they should be squashed together with only one shared loo! - don't think they have money saved up for deposit + rent for another place to move straight away.

would appreciate everyones comments + advice, have tried to keep it brief so haven't even begun to explain half of what has gone on!

moomin-mama_2

Was this a joint tenancy which all 3 of you signed? If so, I don't believe the landlady has to find a new tenant as you're still liable for the rent as you are technically still a tenant. In order for the ll to move someone new in plus an extra person I think there has to be a new agreement.

As for the rent increase - this can't be done until the end of the tenancy agreement. How long did you all sign the agreement for? Are you still in that period or is the tenancy now periodic ie runs month to month? You need to dig out your copy of the agreement and clarify a few points.

You're also correct that the ll cannot enter the property without permission/notice as tenants are entitled to 'quiet enjoyment' by law. How do you enforce this? The worry is always that if tenants create a fuss they'll lose their deposit and their home.

Perhaps you could seek further advice either from the CAB or shelter. Shelter has a great website with all the basic information you need at https://www.shelter.org.uk. As an alternative, you could try your local authority who should have a sort of 'homelessness prevention' officer who would be able to liase with the ll re her rights and responsibilities. HTH

lynzpower

I do agree, if you are still on the tenancy, you have to pay the rent whether you choose to live there or not.

However this woman sounds dodgy as, to Id take some advice on dissolving the contract, disappearing or whatever, shelter should be best. London isnt that expensive Ive seen some super cheap rents about, theres deffo a glut around at the mo

moneysavinmonkey

moomin-mama wrote:

Was this a joint tenancy which all 3 of you signed?
no we all had seperate AST agreements... I hadn't met the other girls until I moved in.

As for the rent increase - this can't be done until the end of the tenancy agreement. How long did you all sign the agreement for? Are you still in that period or is the tenancy now periodic ie runs month to month?
We each signed a 6 month AST. About two months before this was up the landlady came round to discuss a rent increase (to begin after this 6 month period was up) - i later gave her a months notice and left at the end my contract... the other two girls each signed a new 6 month AST for the increased amount.


You're also correct that the ll cannot enter the property without permission/notice as tenants are entitled to 'quiet enjoyment' by law. How do you enforce this? The worry is always that if tenants create a fuss they'll lose their deposit and their home.
Exactly... we have tried to point it out to the landlady but this has only led to conflict.. apparently it is 'her house' and we are 'renting a room not a life' etc. etc.

Perhaps you could seek further advice either from the CAB or shelter. Shelter has a great website with all the basic information you need at https://www.shelter.org.uk. As an alternative, you could try your local authority who should have a sort of 'homelessness prevention' officer who would be able to liase with the ll re her rights and responsibilities.
Didn't know about Shelter or Homeless prevention officer.. will tell them about that too. HTH

Thanks - some great advice there. As you agree that the landlady is breaking the contract - is this justification enough to stop paying rent/move out before end of their contract?

Mrs_Optimist

sounds typical of a wannabbe landlord buying a buy-to-let at a premium and now interest rates have gone up the rent has to go up to cover the shortfall. If I were your friends I would move.

westernpromise

moneysavinmonkey wrote:

Thanks - some great advice there. As you agree that the landlady is breaking the contract - is this justification enough to stop paying rent/move out before end of their contract?

All the LL can go after you for is damage to the property and non-payment of rent. To protect yourself on those counts, you should probably document as fully as possible the condition in which you leave the place. That would include photos of mildewed walls etc, to show that the place was being insufficiently maintained.

I would then fail to pay the rent and move out a month later. This LL may well keep the deposit anyway, so if you owe her rent and she nicks the deposit in lieu (I assume it's one month's rent), at least she doesn't owe you your deposit back. This is probably a breach of the agreement by you, buy hey, possession is nine points of the law, right?

If you have kept a trail of paperwork documeting her many contract breaches and unreasonable behaviour, and if you can prove with photos the condition you left the place in, she can probably more or less whistle for any extra money she might want. You can fog the issue enough to make it risky for her to even try.

On a separate note, your buddies may want to hold off to October before signing up anywhere else. IIRC the law is changing so that deposits are no longer held by landlords, but by a quango. This quango will assume that tenants are never vandalous rent-evading !!!!!!, and will automatically give them their deposits back, meaning landlords will always have to pursue them for any damages.

This is grossly unfair on landlords, but fantastic for tenants, so if you can avoid signing up till you get that protection, it is in your interests to do so.

moneysavinmonkey

Another question...

it was verbally agreed that the extra rent increase would be paid on condition that only 3 people were to live in the house... is this legally binding?

westernpromise

moneysavinmonkey wrote:

Another question...

it was verbally agreed that the extra rent increase would be paid on condition that only 3 people were to live in the house... is this legally binding?

Sure, if all of you are prepared to swear to it. Then it's 3 people's word against hers. If the rent were £33.33 a week for 3 people, then in effect you have agreed to getting the whole house for £100 a week. If she now moves in 4 people, the 2 originals should get a rent reduction to £25 (well, a reduction of 25%, basically).

CB1979_2

whereabouts is this, just out of interest?

clutton_2

the new rent deposit scheme is not now coming in till April.

This property is already a HMO with 3 people in it, and needs to be registered with the local authority. Failure to register may incur a £20,000 fine for your landlady.

moneysavinmonkey

Mrs Optomist - you are spot on!!
She only bought the property in August '05 (for above the street ceiling price as far as i can make out)....has "refurbished" it herself (DIY Disaster) and told us that our rent increase was because she was making a loss!!! - top marks for judge of character to you! only wished i realised this all those months ago - thought she was a lovely lady back then!!!

westernpromise - interesting about rent deposit scheme... will look into that + maybe advise friends to hang on if they can - I take it you are a landlord from you 'slant' on things... personally think it is a great idea. Every property i have rented i have paid rent on time and maintained immaculately (even as a student!!) - but i've never received my deposit until at least 3 months after i moved out + had to prepare court actions twice now.