Aggressive lawyer landlord

macmonkey

I've got a situation which is slowly driving me and my wife mad.

In a nutshell, I vacated my rented accommodation before the expiry of the six-month contract, but have continued to pay the rent. I have also maintained the garden as per my responsibilities. The contract is due to expire at the end of the month, which is when I had hoped to recieve my deposit back.

However, on a visit to the property yesterday, I discover that there are tenants in the house that I'm still officially renting! :eek: The new tenants have been in a week and thought everything was hunky dory.

The landlord had previously agreed to inform me when/if the property was re-let, so that any rent paid could be re-imbursed, and my deposit refunded (minus cleaning costs, etc. which would be minimal as I left the property after less than three months)

There is a little more background to this story but that is the gist of it.
Where do I stand with regards to A) getting my rent returned - three weeks worth. It was, unfortunately a verbal agreement.
and , getting my deposit back?
Talking with the landlord is a nightmare - she blows hot and cold (just like Eager Learners landlady!) and is a lawyer to boot. My wife and I have been reasonable throughout, but she is prickly and aggressive as an angry cactus whenever we contact her. She's threatened to sue us in court if we break our contract - not that we would.

I surrendered the keys to the property months ago, despite this she would not return our deposit then because the property was still in my care and she would "have to get the cleaners in and have the holes repaired" (I put up a coathook which left two holes in a cupboard).

But surely she has done all this seeing as new tenants have moved in?
I am tempted to contact her straightaway but just wanted to know where I stood on the return of the three weeks worth of rent before I state my case.

Any advice appreciated

Mandles

I have no legal advise sorry. Just wanted to say that your situation sounded awful. Did she get the boiler checked each year as she is required by law(hopefully she didnt so maybe you could mention that to her and does she decalre the earnings she gets from the property(totally unsure but does she have to pay tax on rent recieved, but again might mention that to her if things get desperate?? )
I have learnt in the past from people that sometimes you can get money or goods that are owing to you by if at first the nice polite does not work hassling them daily at home, i would ring her at work and maybe leave a message about what she has done(nicely & non aggressivly) with the receptionist where she works.
I would make myself such a pain in the neck that she returns deposit just to get rid of you!

Alan_M_2

Put it in writing, in a reasonable letter.

Write it in chronological order almost like a diary and stick to facts only.

Make it clear what you expect, i.e. rent renturned for the epriod which it had been re rented, refer to your verbal agreement, and the return of your deposit.

Do not threaten anything at this stage, see what response you get.

If you get a whole lot of nonsence, don't mess around issue immediately via small claims, be very clear in writing what you are claiming, and again stick to facts.

Be aware that Solicitors (I don't like the term Lawyer, its another Americanism !!!!!!!ising our Language) tend to use the threat of litigation quite freely as it scares the average joe, they daren't go against a solicitor who knows what they are doing! Don't be scared, if you are right and know you are right, but more importantly can prove it, you'll be surprised how quickly they'll fold.

whambamboo

macmonkey wrote:

I've got a situation which is slowly driving me and my wife mad.

In a nutshell, I vacated my rented accommodation before the expiry of the six-month contract, but have continued to pay the rent. I have also maintained the garden as per my responsibilities. The contract is due to expire at the end of the month, which is when I had hoped to recieve my deposit back.

However, on a visit to the property yesterday, I discover that there are tenants in the house that I'm still officially renting! :eek: The new tenants have been in a week and thought everything was hunky dory.

The landlord had previously agreed to inform me when/if the property was re-let, so that any rent paid could be re-imbursed, and my deposit refunded (minus cleaning costs, etc. which would be minimal as I left the property after less than three months)

There is a little more background to this story but that is the gist of it.
Where do I stand with regards to A) getting my rent returned - three weeks worth. It was, unfortunately a verbal agreement.
and , getting my deposit back?
Talking with the landlord is a nightmare - she blows hot and cold (just like Eager Learners landlady!) and is a lawyer to boot. My wife and I have been reasonable throughout, but she is prickly and aggressive as an angry cactus whenever we contact her. She's threatened to sue us in court if we break our contract - not that we would.

I surrendered the keys to the property months ago, despite this she would not return our deposit then because the property was still in my care and she would "have to get the cleaners in and have the holes repaired" (I put up a coathook which left two holes in a cupboard).

But surely she has done all this seeing as new tenants have moved in?
I am tempted to contact her straightaway but just wanted to know where I stood on the return of the three weeks worth of rent before I state my case.

Any advice appreciated

You need to take the evil cow to court.

If you are paying the rent, the house is yours and she is not allowed in it without your permission. She is in breach of contract by allowing other people in it while it was still under contract to you.

Did you keep the keys when you moved out, or did she insist that you gave them back? If she did, she broke the contract then as well, and personally I would try to get the back rent back as well.

You really need to sue her, it's easy, and the judge won't be interested in this woman's attempts at bullying, as the small claims track is not adversarial because there is rarely counsel acting, and the judge will intervene to find out the truth.

Worth looking at Shelter.
http://england.shelter.org.uk/advice/advice-2916.cfm

And also read:
http://www.oft.gov.uk/NR/rdonlyres/DAAEFE58-1AAB-422A-AFED-BDE6C654A4EE/0/oft356.pdf

Hubert_Dalrymple

She has no right to install another tenant while your contract is still ongoing unless she admits that the tenancy has been terminated and relieved you of all further obligations. I would also suggest that, as she accepted return of the key two months ago, she had in effect terminated the contract and you should not have had to pay anything more. She cannot both have the possession of the property AND continue to exercise her rights as if you still have posession. I would write a stiff chronological letter as suggested above, demanding immediate refund of the rent for the last two months and your deposit. She can also no longer say that the flat needs cleaning if she has been able to move other people in.

If she won't play ball, then issue a claim against her in the County Court as stated above. Her behaviour is absolutely unacceptable.

whambamboo

the cleaning requirement is not really valid anyway - you are only required to return the house in the same condition as you received it, and allowing for fair wear and tear - they can't make you pay for professional cleaners if you cleaned it adequately yourself.

prudryden

As per Hubert's post - that just about sums it up!! If and when it comes time for the court battle - come back. Lots of tips available. Nothing to worry about.

macmonkey

Alan_M wrote:

Put it in writing, in a reasonable letter.
Be aware that Solicitors (I don't like the term Lawyer, its another Americanism !!!!!!!ising our Language) tend to use the threat of litigation quite freely as it scares the average joe,

I get the impression that she'll use all the tricks her profession has armed her with. Which makes negotiation with her all the more difficult

macmonkey

whambamboo wrote:

You need to take the evil cow to court.

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I love that quote!
She asked for the keys back - I obliged, to show good faith. Naively, in hindsight. I did keep one key tho, so I could wash my hands after mowing the lawn!
Cheers for the links

prudryden

whambamboo wrote:

the cleaning requirement is not really valid anyway - you are only required to return the house in the same condition as you received it, and allowing for fair wear and tear - they can't make you pay for professional cleaners if you cleaned it adequately yourself.

Sorry - off topic a bit!
Ref: professional cleaners - Do you happen to have a source e.g. a web link or case law that I can look up??
Many thanks

Somerset

macmonkey

It sounds like you've behaved impeccably and been a model tenant.

Ok, the property's been re-let so you are only responsible up to the re-let point. You would be stuck with the balance of the 6 months if it had remained void, but it hasn't. As you seem to know, you are entitled to a refund of any rent monies already paid in respect of the post re-let period. I know you said it was verbally agreed but it's also standard letting practice.

Rent Deposit - she may argue about the cost of cleaning/holes etc and deduct those costs and refund the balance. I'd personally let a few pounds go but disagree about a large deduction.

Biggest point - the way I read your post, is that you anticipate arguments and problems getting your money back. It also sounds like no agent was involved. I'd contact her by telephone to 'amicably' let her know that you're pleased to hear that the property has been re-let, that you need to know when to expect her cheque for £xx.xx made up of rent refunded £xx and deposit of £xx and get a reaction. Follow that up immediately in writing ( reg post ) whether she accepts or disagrees. Set a deadline in letter for cheque. If you get the impression she's going to mess you about, after the deadline write to inform her you'll sue. Use the small claims court ( Moneyclaim ). Knock a bit off the rent/deposit to cover 'fair' cleaning/repairs. i can't see any reason, given the details in your post, why you would not win. I wouldn't think any lawyer would welcome a CCJ ( Law Socirty etc )