My landlord seems a bit 'dodgy'.

FeelinLuckyPUNK

Hey

A bit of backstory: I moved into a property at the end of April with my partner. We had been living in a different town and decided to move back to my hometown to be closer to my family.

The Landlord of the property is known to my family. He is a local businessman (actually employs my dad) and this property has been let to my sister and my brother in the past. The property came up for rent when my brother decided to move away with his girlfriend.

Anyways, as soon as my brother told the Landlord he was leaving, I told my brother that we were interested in taking on the property and he passed the message on.

I was told by the Landlord that the property was mine and I could move in. I didn't want to make any decisions without first seeing the 'Tenancy Agreement' but he assured me we'd sort it all out.

I served notice on my current landlord at the end of March, with the intention of moving into the new property at the end of April. My brother had assured me that the rent was paid until the 26th April and my landlord told me that he would give me a couple of weeks free as one of the reasons holding me back from taking the property was paying 1 months rent for 2 different properties when I didn't need to as there were other properties available. This just seemed convenient for both parties.

When I moved into the property, the Landlord dropped the 'agreement' off. He dated the agreement before I had moved in (16th April 2010), texted me to tell me I had arrears to pay and suggested a payment plan, and when I responded about the rent being paid for this period, 'it wasn't, and that whatever rent I had to pay wasn't his problem. Just pay it'. So verbal agreement out of the window, then!

When I looked at the agreement, he has labelled this property as 'fully furnished'. It's not! 95% of the items in the house belong to me and/or where left by my brother FOR ME!

As I don't agree with this, I haven't signed the Tenancy Agreement or returned it to him but I have paid the rent. I am not looking to 'get one over on him' but he is not true to his word and I don't think he does things by the book.

I actually think he has labelled the property as 'fully furnished' for tax avoidance as I don't think he has down an 'inventory check' or asked me to sign it!

Anyways, the reason for this post is, I am considering moving to a new property and since I haven't signed an agreement, do I have to give notice?

Thanks, FeelinLuckyPUNK

Leory

Any deposit paid, and if so into a scheme?

skint-student-nurse

contact shelter as they would be able to advise on your rights,etc. if you paid a deposit, if it wasnt protected within 14 days in one of the approved deposit schemes then you can claim 3x your original deposit. hth

G_M

Fully furnished makes minimal difference to tax. And how it is described makes no difference to you - it's the inventory that defines what is there.
If no inventory, when you leave he cannot prove anything is missing, or damaged, so can not charge you for anything.
Do not sign a back-dated agreement. Cross out /change the dates, initial the changes, and photocopy, then return it.

If you change your mind and move elsewhere, you can so long as you have not signed anything. He's changed the verbal agreement, so any verbal contract is a) invalid and b) un-provable.

just move on.

C_Mababejive

Just move out. This business relationship is way to close to home and fraught with possible future issues.

Leory

And all ASTs will be void if they have not protected the deposit.

also a landlord cannot claim 2 rents at the same time, so if your brother did pay to a certain date then he cant ask you for rent for the same period

GillsMan7

Leory wrote: »

And all ASTs will be void if they have not protected the deposit.

That's not true, the AST still stands even if the deposit is not protected, although you can't do certain things like serve a S21 notice.

also a landlord cannot claim 2 rents at the same time, so if your brother did pay to a certain date then he cant ask you for rent for the same period

This is very true however.

olly300

You can't just up and move to a new property. You don't need to have a written and signed tenancy agreement to have a tenancy agreement it can be just a verbal agreement. If it is then you have a minimum 6 month term.

There are reasons the landlord pre-dated your tenancy agreement - that was to ensure that you were liable for water bills and the council tax from this date.

As suggested get in touch with Shelter asap.

I presume you have your old water and council tax bills from your old property?

I would also write to the landlord telling him that you can prove that you didn't take over tenancy of the current property on 16th April and will not be signing an agreement stating that effect. Get a proof of posting from the post office proving that you sent the letter and keep a copy of the letter. Expect him to forge your signature on the agreement if the council tax department come knocking. So get in touch with every single utility company and the council tax office now.

From now on only deal with him in writing. If he refuses to write down anything he says to you and send it to him as a letter asking if he agrees with your point of view of things. Get a proof of posting each time. If he gets fed up with you sending letters he then may agree to you moving out early but again get this in writing.

Leory

GillsMan7 wrote: »

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That's not true, the AST still stands even if the deposit is not protected, although you can't do certain things like serve a S21 notice.


This is very true however.

Thanks for this, I must have been confused. I stand corrected!

theartfullodger

You already have an AST; It's just that it is not written, so it is very difficult to enforce the terms...
http://www.adviceguide.org.uk/index/your_family/home_and_neighbourhood_index_ew/renting_a_home_index_ew/renting_from_a_private_landlord.htm
&
http://england.shelter.org.uk/get_advice/renting_and_leasehold/renting_agreements#2

I strongly advise not signing anything unless you are 100% happy with it. But, write/email (keep copy) to Landlord stating that the "proposed" tenancy agreement is invalid & you do not accept it.

The landlord is obviously dodgy & I'd want to have as few dealings with him as I could. I'd 'umbly suggest that if he's that dodgy he will be also dodgy as an employer, but maybe Dad knows that...

Call Shelter, 0808 800 4444. They are a Charity, too few resources, you may have a wait.

Hope it works out

Artful (LL since 2000)