Abuse from housemate, evil landlord!

Lazyteacher

Ok, this is a bit of a long explanation...but im hoping someone can help! I feel my girlfriend is being fleeced by her old landlord and agent. This is the situation:

She was living in a rented property for 5 months with 5 other people when a new tennant moved in. Up until this point everything was fine, however the new tennant took a disliking to my girlfriend and verbally abused her, barged into her, and acted in a physically threatening way. My girlfriend was understandably distressed over this, got in touch with the letting agent, who was on holiday and said she couldnt do anything for two weeks at least. As she didnt feel comfortable living with someone who was a physical threat she decided to move out and break her contract one month early.

Here is the problem now...

The landlord and agent met up with her today and tried to present her with a bill for over £500 saying that she owed one months rent (Even though the room was filled 4 days after she moved) also that she owes £150 for breaking the contract one month early (however the one months rent takes her to the end of her contract so i feel this was a totally fabricated charge). They also say she owes them £30 for a "communal areas charge" something that was written into the contract but not made clear when she moved in. As nothing was broken this seems to be just a general wear and tear charge, is this allowed?

They are also charging her £40 for the nights that i stayed over at £5 a night. This was written into the contract, however i question whether she should pay it now they are trying to fleece her.

As the landlord filled the room less than a week after she moved out, and is not out of pocket AT ALL, is he in his rights to make these charges? And what can she do about it?

Please help...I am SO angry at these people for doing this, it seems so underhand! Especially as she was the one who was threatened and they did nothing to help!

If anyone can help please post!!!

A hopeful boyfriend!

BitterAndTwisted

The landlord and agent met up with her today and tried to present her with a bill for over £500 saying that she owed one months rent (Even though the room was filled 4 days after she moved)

In that case she should offer them one weeks rent and tell them to whistle for the rest.

also that she owes £150 for breaking the contract one month early (however the one months rent takes her to the end of her contract so i feel this was a totally fabricated charge).

This is a fabricated charge but under normal circumstances a landlord would be able to charge for their REASONABLE costs in finding a replacement tenant.

They also say she owes them £30 for a "communal areas charge" something that was written into the contract but not made clear when she moved in. As nothing was broken this seems to be just a general wear and tear charge, is this allowed?

This sounds like another fabricated charge and even if it's in the contract I suspect that it is unenforceable.

They are also charging her £40 for the nights that i stayed over at £5 a night. This was written into the contract, however i question whether she should pay it now they are trying to fleece her.

I've never heard of such nonsense! Did you have to sign in and out or do they CCTV evidence of your visits? I think this is another unenforceable clause in the contract.

Flipping heck! It sounds like your g/f is well shot of these shysters. Does the landlord hold your g/f's deposit and is it in one of the approved schemes?

cooltt

Hello lazy teacher
Much i can't stand some letting agencies (not all are robbing b***tards) if the charges are written onto the contract then you will have to pay them. The reason for breaking the contract is irrelevant and a county court (which is where she could end up) would proberbly see it that way as well.

if you have a written contract on anything you really have to read the small print before you decide to walk away from it as most are water tight. You can try and reason with the landlord and see if he will accept a lower amount but that's about it i'm afraid.

sorry but put this down to experience and move on.

sequence

She should only pay the rent up until the new tenant was found plus reasonable advertising and agents fees.

Pay that and let them try and take you to court for the rest (which they won't win!)

Lazyteacher

Unfortunately the deposit took the form of a months rent (or near enough). So they have £350 of her money as it is. They have "deducted this from the final bill" and are still chasing her for the extra money. They have no evidence, no cctv on who stays or anything. It just seems like they are taking the micheal massively.

Im so angry about it

BitterAndTwisted

Is the deposit lodged in one of the approved schemes? This is important.

tbs624

cooltt wrote: »

Hello lazy teacher
Much i can't stand some letting agencies (not all are robbing b***tards) if the charges are written onto the contract then you will have to pay them. The reason for breaking the contract is irrelevant and a county court (which is where she could end up) would proberbly see it that way as well.

if you have a written contract on anything you really have to read the small print before you decide to walk away from it as most are water tight. You can try and reason with the landlord and see if he will accept a lower amount but that's about it i'm afraid.

sorry but put this down to experience and move on.

This is not the case. LLs can stick any clause they like in their tenancy agreement but it does not automatically follow that it will be enforceable.


OP - have you/your GF checked whether this deposit is lodged with one of the 3 tenancy deposit schemes?


LLs have to notify their Ts in writing of any potential deductions and if the T feel sthey have grounds to do so, they can dispute the deductions, via the scheme or via the small claims court. The days of a LL simply unilaterally deciding what s/he will deduct are over.

The LL cannot charge your GF rent for the remainder of the tenancy, at the same time as having a new T in situ, although he can ask your GF to pay his "reasonable" costs for advertising etc.

Lazyteacher

Unfortunately no. The deposit was just given to the letting agent directly. It wasn't in one of the approved schemes. Does this mean she has no leg to stand on?

Thanks for the help so far

RAS

Are you sure about this - just because the deposit was given to the letting agents does not mean it was not protected.

Has she checked with the three schemes to find out if the deposit is protected with them.

princeofpounds

Much i can't stand some letting agencies (not all are robbing b***tards) if the charges are written onto the contract then you will have to pay them.

Not true. Many charges are unenforceable, even if in the contract.

The landlord and agent met up with her today and tried to present her with a bill for over £500 saying that she owed one months rent (Even though the room was filled 4 days after she moved)

She is only liable for the 4 days of missing rent. It's a well-established point in law that landlords cannot have their cake and eat it by charging an absent tenant and a current tenant at the same time.

also that she owes £150 for breaking the contract one month early (however the one months rent takes her to the end of her contract so i feel this was a totally fabricated charge).

She does not owe this. She owes reasonable costs to re-let the room, but as it was filled so quickly those costs were probably quite low.

They also say she owes them £30 for a "communal areas charge" something that was written into the contract but not made clear when she moved in. As nothing was broken this seems to be just a general wear and tear charge, is this allowed?

Depends what you mean by 'in the contract', 'not made clear'. It is either one or the other. Landlord is not allowed to deduct for wear and tear from deposit but if she agreed to pay £30 at the end of the tenancy no matter what then she probably is liable.

They are also charging her £40 for the nights that i stayed over at £5 a night. This was written into the contract, however i question whether she should pay it now they are trying to fleece her.

Stupid. How are they ever going to prove that? If she is a tenant she can use the part of the property demised (rented) to her for whatever she likes, including guests. This would be an unfair clause for sure. She should not pay.

As the landlord filled the room less than a week after she moved out, and is not out of pocket AT ALL, is he in his rights to make these charges? And what can she do about it?

Weapons she can use to fight back
- was deposit protected in a scheme? was the rent under 25k? Did the landlord live in the house? When was the tenancy last started/renewed.
- did LL provide gas safety certificates (if gas present).
- is the property registered as an HMO with the local council and does it need to be?

please answer these three questions.

Basically her approach will have to be to use these levers as appropriate to force the LL to either totally back down, or to get the deposit into an environment (arbitration or court) where a fair and binding judgment can be applied.

When you give us more info, we can give you more specific directions.

princeofpounds

http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/DG_189120

Check with the 3 schemes to make sure.