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Help - Landlord threating us
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kitty_and_gucci_2008
Posts: 113 Forumite
Hi All,
We moved into a property about 6 months with our 6 month old baby and since moving in we have had nothing but bother with the house. Things go wrong and the landlady takes weeks/months to get things fixed.
We moved in and within the first 2 weeks had to get the radiator in the front room fixed as it was leaking. The bath was leaking into the sitting room so fixed this myself with sealant and the !!!! stop tap under the baht was turned off. The shower which was working fine when we moved in and stopped working 3 months ago and the landlady stated that we having running water so she won’t replace it. Since then I found out from British gas that the shower unit is to powerful for the wiring in the house and that the shower unit does not have an RCD fitted so is highly dangerous. The landlady arranged to have it fixed but I missed the electrician when he came by about 5 mins. She is unable to contact him as she can’t find the invoice with his contact number which is what she says.
We have also changed the carpets downstairs, on the stairs, landing and painted the whole house and didn’t ask for any cash off her.
Just on xmas day the pilot light turned off meaning we did not have hot water or working radiators with our baby. She has home care with British gas so arranged for them to come out but it was not until the wed this week they could come out. British gas stated I could arrange a private visit and that the invoice could be sent to bgas to pay for it. When I spoke to the landlady she said I would have to pay for the visit and then send the invoice to her, I said we don’t have the cash at the moment. The electric oven has now broken and she said she will get it fixed when she can. I sent a text back stating that if it is not fixed we would be deducting it from the rent. I then received a text stating that is not how it works and if we don’t pay she will serve us 1 months notice. I then received a from her phone call (not nice) husband stating he is taking over the house now and that we better pay the rent or it will go into arrears. He kept saying you better pay the rent. I said is that a threat, he said take it how you like. He is not even on the tenancy agreement and I reminded him of that and he said he is within his rights to take over as we threatened not to pay the rent. I stated we did not threaten only stated if it wasn’t fixed then we would do so. I asked for a new tenancy agreement to be drawn up with his name and he said it does not have to be done. I stated to him that I am recording the phone call he said I don’t care.
She rang back after her husband had been on the phone and said so when are you moving out, I said it would be in June 2011 as we have a baby to consider. But we are now stressed we have luckily now found somewhere to live and want to move out next week. I asked the landlady for a new tenancy agreement with her husband name on and she said she doesn’t have to, she could ask for a letting agency to take over and they don’t have to give a new tenancy agreement either.
What shall we do? If we left before June when the tenancy ends would we are taken to court to obtain the rest of the tenancy money? If so would this go on my credit file?
One last thing, we had to ask her for a tenancy agreement at the beginning, as she said if we want one than she would do it. It is pretty unprofessional as the person who had it last their name has been tippexed out and the dates changed.
What would you do?
Thank you.
We moved into a property about 6 months with our 6 month old baby and since moving in we have had nothing but bother with the house. Things go wrong and the landlady takes weeks/months to get things fixed.
We moved in and within the first 2 weeks had to get the radiator in the front room fixed as it was leaking. The bath was leaking into the sitting room so fixed this myself with sealant and the !!!! stop tap under the baht was turned off. The shower which was working fine when we moved in and stopped working 3 months ago and the landlady stated that we having running water so she won’t replace it. Since then I found out from British gas that the shower unit is to powerful for the wiring in the house and that the shower unit does not have an RCD fitted so is highly dangerous. The landlady arranged to have it fixed but I missed the electrician when he came by about 5 mins. She is unable to contact him as she can’t find the invoice with his contact number which is what she says.
We have also changed the carpets downstairs, on the stairs, landing and painted the whole house and didn’t ask for any cash off her.
Just on xmas day the pilot light turned off meaning we did not have hot water or working radiators with our baby. She has home care with British gas so arranged for them to come out but it was not until the wed this week they could come out. British gas stated I could arrange a private visit and that the invoice could be sent to bgas to pay for it. When I spoke to the landlady she said I would have to pay for the visit and then send the invoice to her, I said we don’t have the cash at the moment. The electric oven has now broken and she said she will get it fixed when she can. I sent a text back stating that if it is not fixed we would be deducting it from the rent. I then received a text stating that is not how it works and if we don’t pay she will serve us 1 months notice. I then received a from her phone call (not nice) husband stating he is taking over the house now and that we better pay the rent or it will go into arrears. He kept saying you better pay the rent. I said is that a threat, he said take it how you like. He is not even on the tenancy agreement and I reminded him of that and he said he is within his rights to take over as we threatened not to pay the rent. I stated we did not threaten only stated if it wasn’t fixed then we would do so. I asked for a new tenancy agreement to be drawn up with his name and he said it does not have to be done. I stated to him that I am recording the phone call he said I don’t care.
She rang back after her husband had been on the phone and said so when are you moving out, I said it would be in June 2011 as we have a baby to consider. But we are now stressed we have luckily now found somewhere to live and want to move out next week. I asked the landlady for a new tenancy agreement with her husband name on and she said she doesn’t have to, she could ask for a letting agency to take over and they don’t have to give a new tenancy agreement either.
What shall we do? If we left before June when the tenancy ends would we are taken to court to obtain the rest of the tenancy money? If so would this go on my credit file?
One last thing, we had to ask her for a tenancy agreement at the beginning, as she said if we want one than she would do it. It is pretty unprofessional as the person who had it last their name has been tippexed out and the dates changed.
What would you do?
Thank you.
0
Comments
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Contact Shelter or CAB, Shelter are your best bet.
Your landlady is a piece of work by the sounds of things.The truth may be out there, but the lies are inside your head. Terry Pratchett
http.thisisnotalink.cöm0 -
Thank you so much
Will contact them now.
Thank you0 -
0808 800 4444
Shelter helpline. fingers crossed.The truth may be out there, but the lies are inside your head. Terry Pratchett
http.thisisnotalink.cöm0 -
Here are the free number 020 7505 1100 and 020 7505 2000 for Shelter.
Best of LUck!0 -
You should *always* report repairs issues to your LL in writing and keep a copy for your own records.
From your post it sounds as though your own attitude is perhaps exacerbating matters.
Did you report the leaking radiator and bath to the LL, before attempting to fix them yourself?
Have you had the LL's written permission to redecorate/replace carpets?
If you were desperate to get the shower fixed, you could surely have made the effort to be on time for the LL's electrician?
On the boiler issue , if BG had told you to send in the invoice from another plumber, for reimbursement under the Homecare agreement, then you should have forwarded it to the LL and let her sort it out. She has a legal obligations to keep space/water heating equipment in good working order and if she can't do so fairly promptly then she should temporarily provide alternative forms of heating.
LLs have to see to repairs issues within a "reasonable time" - you say that the cooker has stopped working and that the LL has said she will get it fixed "when she can". Do you have a microwave?
You can't just deduct repairs costs immediately from your rent - there is a set procedure for this, so google Shelter's pdf in "getting repairs done" - see p16/17 IIRC.
Your LL is absolutely right that she can appoint someone, ie her OH, to act as "agent" on her behalf even though your contract remains with her as LL. She does *not* need to issue you with a new contract
If you are within a Fixed Term (until summer 2011) then you can only relinquish the tenancy with the LL's agreement: she *can* look to you to pay her reasonable costs in finding a replacement tenant. From what you have said, it may be that she will be happy to simply agree to you going.
It can be frustrating when a LL is slower off the mark than you would like them to be but trying to work towards a solution rather than locking yourself into aggressive confrontations with the LL is surely the way forward.
Seek clarification of your rights and obligations as a T, plus the obligations of your LL, from Shelter. You may want to read up on things like gas safety certs, and tenancy deposit regs in case your LL has failed to comply with the law.
Those are not free numbers. The correct number for the free Shelter Helpline was given in the post previous to this.Here are the free number 020 7505 1100 and 020 7505 2000 for Shelter.
Best of LUck!
Ring 0808 800 4444
8am-8pm Monday-Friday
8am-5pm Saturday-Sunday
Calls are free from UK landlines and main mobile networks (Virgin, Orange, 3, T-mobile, Vodafone and O2).
You will need to be persistent OP - the lines are always busy.You may also wish to contact the local Council's private sector tenancy relations officer- they can help you with all of this0 -
It sounds to me like 6 of one, half a dozen of the other.
I have never been a landlord and never wish to be one but I know from the experience of being a home owner when something brakes you will rarely get someone to come and fix it that day, it normally takes a few days before you can get an appointment.0 -
Lots of people are having problems, the very cold weather and a 4 day shut down for Christmas have not helped. Anyone would have difficulty in getting things fixed immediately, there will be so many many calls made in the morning I bet it will be a while before things get back to normal.0
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just got back from work and found a letter from the local county court from our old landlady who states that what we have said is fabricated, and that she is going to obtain 3k+ in rent which takes us up to the tenancy end month in June. She is also looking to obain £200 for damage to items in the inventory which is very strange given the fact there was no damages when we left in January 2011.
We have checked to see if we can get legal aid to defend this county court request as she is the worst landlady ever, but as our earning exceeds the threshold we won’t get legal aid.
She is also denying a conversation we had about agreeing to end the tenancy early.
Out outgoings are very high which is also causing us stress.
We have never been in this situation before so i have a number of questions......
We did not provide her with a forwarding address so wonder how she go it?
If we successfully defend the case or lose does the ccj stay on our credit file?
What will happen at court?, as I will be defending us as we cant afford to pay for legal advice and we have all the evidence.
Will we have to pay the full amount even if she rents out the property before June 2011 when the tenancy ends?
Look forward to the advice, thanks0 -
kitty_and_gucci_2008 wrote: »just got back from work and found a letter from the local county court from our old landlady who states that what we have said is fabricated, and that she is going to obtain 3k+ in rent which takes us up to the tenancy end month in June. She is also looking to obain £200 for damage to items in the inventory which is very strange given the fact there was no damages when we left in January 2011.
We have checked to see if we can get legal aid to defend this county court request as she is the worst landlady ever, but as our earning exceeds the threshold we won’t get legal aid.
She is also denying a conversation we had about agreeing to end the tenancy early.
Out outgoings are very high which is also causing us stress.
We have never been in this situation before so i have a number of questions......
We did not provide her with a forwarding address so wonder how she go it?
If we successfully defend the case or lose does the ccj stay on our credit file?
What will happen at court?, as I will be defending us as we cant afford to pay for legal advice and we have all the evidence.
Will we have to pay the full amount even if she rents out the property before June 2011 when the tenancy ends?
Look forward to the advice, thanks
Are your landlords called Wilson by any chance?0 -
My be worth looking into whether she has another tenant in place already. That would spike her claim.kitty_and_gucci_2008 wrote: »... and that she is going to obtain 3k+ in rent which takes us up to the tenancy end month in June.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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