Please help - concerns about landlord..

grey_lady

By not going through an agency, both the landlady and the op save themselves quite a bit of money, lots of people don't go through agencies.

pinkstarsx

grey_lady wrote: »

By not going through an agency, both the landlady and the op save themselves quite a bit of money, lots of people don't go through agencies.

We can appreciate this we just want to make sure the landlord isn't doing anything illegal & that we still have some protection.

She has a contract drawn up which we would read with a fine toothcomb before proceeding.

Regarding an inventory, she won't be getting one done professional but is happy for us to do one with her, which affects her more if there were to be any problems/damages with the fixtures and fittings.

Jowo_2

pinkstarsx wrote: »

...

I'm now wondering whether she is registered as a landlord (does this have to be done?)

Only applies in Scotland.

bris

I don't see a downside to you renting this. I have only ever used a LA once and will never do so again so no risk there as they are useless anyway. As long as the AST is drawn up correctly then you are protected by it and if she doesn't protect the deposit then she will be the loser in the end as she can't withhold it for any reason or issue you valid S21. I don't see many down sides here. the law protects the tenant far more than the LL so go for it.

princeofpounds

From your level of knowledge, you need to first of all stop worrying about her and start to worry about your own knowledge of renting. I don't mean to be rude - no-one ever really teaches you this stuff. Parents haven't rented for years. Schools don't prepare you. Universities make a half-baked effort. Letting agents and landlords often actively deceive you.

Read this forum. Read the shelter website on private tenancies. Read landlordzone forums and website. Google tessa shepperton's website.

As for the LL...

- There is no registration requirement for E&W LLs.
- Protecting the deposit is a law. She has no choice. If she does not you canot be evicted by the normal route (S21 notice) and you can sue her for 3x the deposit plus the deposit itself unless she protects it.
- The main danger is if she defaults on her mortgage. If she doesn't have permission to let then the bank can cancel the tenancy (with some notice, so don't worry too much) and you won't be able to sue for deposit protection as she would probably be bankrupt anyway so you won't get any money even if you win. You can protect yourself about this by using the deposit for rent if you sense any trouble, but it's a messy solution.
- The more general worry is that if she doesn't understand her responsibilities in this area what else is she dodging? Gas safety certificates are the most important.
- Some of the other stuff (like repairs) you can enforce yourself if she neglects responsibility, but be prepared for a dispute.

I would not suggest you run a mile necessarily. You can probably cope if you are clued-up. But I could almost guarantee at least one argument, possibly a court visit - do you want to deal with that?

pinkstarsx

I think the risk of us possibly being evicted if her mortgage lender were to find out is a big enough reason for me & my friend to look at alternative properties. If something looks perfect usually it is too good to be true i guess!

I'm currently in a flat & have had major issues with the LL, we move out the beginning of April & i don't want to be caught in a mess again!
It was my first time renting so i'm not as clued up as others although i have done alot of research into this now.

Thank you for all your advise so far, it's nice to hear peoples opinions and stating facts i weren't aware of.

poppysarah

pinkstarsx wrote: »

I'm absolutely gutted, this place is perfect and you can tell she just genuinly wants to cover her mortgage payments. .

A professional landlord is what you need. Not some half arsed attempt to make money rather than sell a house.


You could sign up and pay her the deposit (get receipt) and then chase it up so it's in a scheme.

The rules are there to protect you against bad landlords.

Does she have permission to let? Does she have a EPC, GSC etc?

G_M

1) If she does not register the deposit, you can
a) wait till you are in the property and then insist
b) do nothing - if there are problems later you'll be able to threaten to, or actually, take her to court for 3 times the deposit
c) ignore any S21 notice to quit which is legally invalid if the deposit is not protected

2) If she has not told her mortgage lender, this only becomes an issue if she stops paying her mortgage. A risk to weigh up

3) If she does not pay income tax - not your concern (though again, a useful threat if there are problems later!)

4) If she does not have LL insurance: well, if the house burns down you'll probobly be moving out. OK insurance might pay alternative accomodation, but the tenancy is prety well over. It's smaller claims that become a problem if she's unwilling/unable to make repairs and her insurance refuses because it's domestic poolicy. A risk to weigh up

5) No EPC? So what? They are useless. No gas certificate? CHASE THAT UP AND GET ONE!

Make sure you get receipts for everything. Check she is the registered owner at the Land Registry (£4). Read the tenancy agrement carefully, but rememver many clauses that seem dodgy may well be unenfocible in law so are irrelevant - no need to worry.

This may be a perfect tenancy. Or may lead to disputes and problems.

But then as we all know, going via an agency can just as easily lead to disputes and problems!

surreybased

Think you have made a sensible decision. I've only rented on 2 occassions when we moved to a new area and my experiences were not overall positive. What would concern me is that the LL is likely to be a an accidental LL, unable to sell due to loss of equity. If the mortgage and rent are similar figures (what happens when rates go up!) she may not have sufficient funds to support house maintenance. How would she feel if the boiler needed replacing? I'm also suspicious of her claims about a previously tenant - would be interested to hear their side of the story.

I think there should be a formal register of LLs and a rating from tenants as it's a 2 way street - just as many bad LL as tenants.

tbs624

LLs cannot pick and choose which bits of law they will comply with. Deposit regs have been in place for almost 4 years now.

You would still pay the deposit direct to the LL - she either uses the free DPs, which requires her to pay over the actual deposit monies, or can use of one of two fee-incurring insurance based schemes, under which she retains the funds for the duration of the tenancy but has to pay over any disputed amount to the scheme admin folk at the end of the tenancy.

This LL sounds as though she wishes to operate "under the radar" and is unlikely to have sought (and obtained) consent to let.

Is the flat Freehold or Leasehold? She may also be required to notify the FHer that she is letting the property

A LL who is prepared to deceive her mortgage company and breach tenancy deposit regs etc may well view it as unnecessary that she complies with any of her other LL obligations on repairs etc