could someone advise me on what to do please.

lovecrafting

I will try to post everything that is reinvent, i'm a little emotional at the moment so please excuse me if i haven't posted everything you need.

I moved into a 3 bed house on 28/11/2009 and i have a short assured tenancy (in scotland and the first part of my tenancy sais i hereby acknowledge receipt of appropriate AT5 notices prior to receipt of this lease)

my rent is to be taken into the owners garage each month and a receipt will be issued.
however a receipt has never been issued, he writes it down on a bit of paper but never gives a receipt.

My repairs are just a joke, the bathroom wich is an extention has now had a crack in the wall for 2 winters, its absoloutley freezing, holes in the walls are still there after sincere promises of it being fixed. garden gate not fixed etc. im not overly bothered about the gate and have learned to live with the freezing, we just be as quick as we can in the bathroom and make sure the door is closed at all times.

I have always paid my rent on time with no issues other than being refused a receipt each time i asked for one, apart from one month, where my daughter was in hospital and i gave a part payment and the landlord agreed i could pay extra each month to pay it up (i have £5 to go and will be paying it out of februray's rent)

so i received a call this afternoon asking me where januarys payment was and can i nip it into the garage now. I said, i have paid january and you will be getting febuary's when i get paid (it just so happens to be monday comming but thats irrelivent) I replied politley and didnt make a scene or issue. He told me, no 28th january my payment was last due and i also owe him £80 for the shortfall in the month i didnt pay it all) I have told him i have payed him and i will go in to see him monday.

Thing is, i know i have paid him and know my next payment isnt due for another 2 weeks, i just cant prove it. I really dont know what to do, i cant afford to move, if i could i would have left after the six months was up but if i stay is he going to keep making me pay twice each month.


Please can someone advise me on what i could possibly do to rectify this issue because i am going spare.

princeofpounds

You handed over cash without a receipt? Are you an idiot? NEVER do that.

You need to get whatever evidence you can of the payments you have made. Seeing that the rent book is the only evidence, I would suggest that you get hold of a copy somehow. Maybe a surreptitious photo? Maybe take an independent witness with you on your next visit so you can ask for a copy and see your request get denied? Maybe trick him into emailing or texting you with any implied admission of payment? I'm trying to be creative here, and you need to be too.

Then you need to write to your landlord and ask for a rental statement, so you get a written record of his side of the story.

Once you have done that, you need to see how strong your case is. If there is a fair chance that you can establish your payment record in some way then you can just tell your landlord to sue you if he wants to as you know he is lying. You might win, or he might win and then you will have some court costs but no lawyer's costs as it will only be small claims court. Or he might back off.

If you have zero chance, then you might need to settle by paying again, or paying an agreed amount to meet in the middle. Always get a receipt and written confirmation that any settlement is full and final.

Or again you can refuse and see if he goes to court. You might lose, there will be some extra cost and you could end up with a CCJ if you don't pay shortly afterwards. But you could also spin out enforcement of the judgement so he never gets the money or at such a slow rate it's not worth it.

Finally, you could also try to frighten the landlord off and agree mutually to 'splitting up' if he has made mistakes in his obligation to you. Did you get/need a gas safety certificate? Did you get an EPC? Was your deposit protected? You can also threaten to call in environmental health for an inspection of hazards like cold, mould and so on, which could lead to expensive repairing orders for him.

All this is up to you really.

The repairs is a separate issue, that is not dependent on rent. Write, if they don't happen in a reasonable amount of time use the procedure outlined in Lee Parker vs Izzet 1971 to get it done yourself and deduct from future rent.

princeofpounds

Oh, and you can't be made homeless (under what we call a 'section 8' route) unless you miss a second rental payment.

If he tries to harrass or illegally evict you (i.e. cutting off utilities, forcing you out, changing locks) these are criminal offences, call the police.

RAS

Is he a registered landlord?

lovecrafting

Thanks for the advice.

He is registered with the council (we checked) our deposit will not be protected i assume as we wasnt told about any protection when we signed the tenancy.

I have asked him in front of witnesses before, one instance being (this was the landlords property manager not the landlord, who is no longer employed by the landlord) we went into the chip shop (owned by the landlord) and was told in no un certain terms that "the fact you have a fu****g roof over your head is proof you have paid" and "i dont have to sort out your fu****g repairs as long as the hopuse is wind and water tight" we explained it isnt and was told to "fu** off"

I asked the landlord directly every month since we moved in for a receipt and was told "aye thatl be chocolate too"

on 24th november i spoke to shelter scotland and asked for advice as i was concerned about something like thisd happeneing and was told to download a copy of a rent book from there website. I did this and the landlord has refused to sign it.

The only evidence i have is my bank statment showing e withdrawing £520 on the same day each month. other than that i only have my word for it.

What really frightens me is i have heard stories of him making peoples lives living nightmares until they move out and pay up. I could understand if i owed him the money but i don't.

I know it may sound a little silly but i am really begining to get nervous and worry that i will answer the door to people demanding i leave and/or using scare tactics on my kids (wich i have heard he does) i wish i could just move, but A) i cant just leave and why should i be bullied into it.

RAS

have you spoken to Shelter again? And have you spoken to the Council?

artfulodger who posts here is a Scottish LL and may well be able to help you.

lovecrafting

I havent spoken to them again as the number i have is from 9am until 5pm, he called me at 25 mins to five.

I havent spoken to the council because i dont have anything saying i will be evicted just him saying i havent paid, i assume they will only help me if i am being evicted?

princeofpounds

Ah you are in Scotland. That changes a lot, didn't spot it. You need a Scottish specialist and some of my post will not apply. Speak to shelter for sure, can't help much more.

lovecrafting

Thanks Princeofpounds. no problem, i will speak to someone as soon as they are open. I appreciate you trying to help thank you

perthperson

Shelter are very good for advice phone them again. Go to your local council for advice as well as Shelter. You may not be eligible to apply as threatened with homelessness at this stage but they have a duty to give you advice and assistance and you should tell them everything about the way you have been treated. They will also have a landlord registration officer who will be interested in the way he is administering his tenancy. Do you know if he has any other properties - they may already have other complaints about him.

There isn't a deposit protection scheme in Scotland - though I believe the government is introducing one very soon.

Although your tenancy agreement says you acknowledge receipt of an AT5, did you actually sign one? Often landlords like this use mickey mouse leases that aren't actually legal.

Of course, you always have to weigh up the consequences of complaining about a landlord - he sounds like a very unpleasant man and I understand you could be worried about what he might do.

He could of course issue you with a Notice to Quit. Sounds like getting out of there if you can would be the best option if that's possible. Even if he serves a notice to quit (and he's done it properly, which Shelter or the Council would be able to check for you) he has to give you 2 months notice.

When he can give you notice will also depend on whether he's set up the Short Assured Tenancy properly but I won't fry your brain with more details just now - Shelter or the Council can look into that and explain to you!


Ask the Council about any advice or assistance they can give for finding another private let and/or applying as homeless. If you're not on the Council Waiting List apply now also to any relevant Housing Associations. You may have little or no chance of getting a Council/Housing Association House in your present position but if you get a Notice to Quit you want to be on the Waiting List.

Don't leave voluntarily without taking advice first, you don't want to make yourself intentionally homeless.

If the landlord gets nasty (or should I say nastier) tell the Council immediately (if anything at all alarming call the police)

Easy to say with hindsight that you should have got receipts, I know it's difficult when you're dealing with a bully like this and you're worried about the roof over your head.

(He should have the gas inspected every year too and give you a gas certificate)

lovecrafting

The only thing i have signed is the tenancy agreement and i signed for a letter the other day (to all tennants) saying if rents were not paid by the 28th of the month we would be receiving a £50 penalty) and if rent goes into arrears for 2 months eviction procedings will begin.

he has quite a few properties in this village, its a small mining village with lots of housing benefit tenants a chemist a shop a chippy and a post office. I know of 18 houses he owns. as well as the garage and the chip shop

I will speak to shelter as soon as i can, and before i pay him again. The worst thing is if i wasnt paying his rent i would have a deposit, but i dont want to be one of those tenants that leave owing money, its just not right. altho at the moment i dont owe him anything. I have had a look on gumtree and in the paper for something else as soon as i find something within budget we will move out


sorry the post is a bit strange. I didnt sleep a wink last night worrying.