renting; viewings; rent

jojodz

need a bit of advice here please guys

im currently renting a flat at the moment that is full of mold and damp, with a broken cooker which my landlady is not bothered about as she is selling it.

we do veiwings for her when we can and out of estate agents time.
i have just recieved a text message of her telling me that the estate agents now have a key to the property im living in and have my belongings in and that they are doing a viewing tomorrow 2pm tomorrow, this would be okay but me nor my partner are going to be in, so they are going to be letting themselves in.
the estate agents are now closed so i cant get hold of them to tell them its not suitable; but are they within in the landlords rights and my rights allowed to enter without any of us being in and with less then 24 hours notice aswell?

also when i moved in on the 5th july 2010 i paid upfront £435 for a deposit and £435 for rent in advanced. after numerous of conversations with the estate agents i rented from and my landlady herself they are now saying that is not the case and that i did infact pay for something else with that money yet on my contract it clearly states that i did. confused.com
so when i do move out; (this is just to clarify and get other peoples opinions and answers) do i have to pay my rent on the 5th august if im moving out on the 5th september because surely iv already paid up until that month to live within that property????

thanks

climbgirl

You are within your rights to refuse viewings without you being present and they are NOT allowed to enter the flat without your permission (unless it's an emergency - a viewing is not an emergency!).

Regarding your deposit - the landlord has to protect your deposit with one of the three deposit schemes, they have to do this by law. You should have been given documentation to show this had been done shortly after you moved in. If you have not received this, ask both the agent and landlord why this hasn't been done.

G_M

You can refuse viewings. you have a right to 'quiet enjoyment' of the property (ie undisturbed).
Put your refusal in writing.
As they are threatening to let themselves in, change the lock. It costs £5 or so and is easy to DIY. Keep the old one to replace when you leave.

Do you have receipts for the deposit/rent? Does your contract state you pay the deposit? And rent in advance? If so, your last rent payment will be on 5 Aug which will cover the period to 5th Sept.
They should then return your deposit which should have been protected in a scheme.

Just as an aside, what contract do you have and what notice did you give? If you had a 12 month contract starting 5th July 2010, your contract would end on 4th of July 2011. So
a) did you give a full months notice (what date did the LL/agent receive your notice?) and
b) you should be leaving on the 4th of the month, not 5th.

Unless, of course, the LL has agreed in writing to your leaving date of 5th Sept.

Yorkie1

Further to climbgirl's post, make sure you contact the EA immediately it opens tomorrow morning, saying that you do not permit any viewings to take place without you / partner are present and only at a time which is convenient to you. Follow that up in writing - preferably by letter, although a text or better an email in the meantime would suffice.

I'd also suggest that you put something in place so that you will be able to tell if they have been in without your permission; if you know your neighbours, can they look out for you? Or put something behind the door which will move if door is opened?

Yes you should have been told which scheme your deposit is protected in but again in the meantime, you can check online with the 3 deposit schemes whether your deposit has been protected. If your contract says that you paid the deposit, stick to that. It should have been protected within 14 days of the start of the tenancy. Don't forget that while you are still in contract, you can sue them for 3x the deposit for failure to protect it (although in practice it's not a great idea, the thread may be useful negotiating leverage if things get so bad that you need to use it).

jojodz

I have been told that because my contract has been terminated it is within there right to enter the property regardless of me being here or not or if I want them too....

The landlady has also resorted to blackmail to try to get us out of the flat earlier then the date in which we should be movving out which she choose herself

Also another question; iv lived within this property over a year and have all electric throughout the flat, we have a cooker that trips out (which was here when we moved in) and she refuses to get anyone to come out and look at it and a boiler that bangs so loud our neighbours can hear it, does it need to be checked every year? If the answer is yes how can I think about doing this because she simply doesn't care?!?!

The lights also haven't even been earthed properly and are just earthed to a metal plate....

I need some mega advice hear haha! As I'm being told I could sue for no boiler checks or seeing her certificates when I moved in and all sorts

Yorkie1

jojodz wrote: »

I have been told that because my contract has been terminated it is within there right to enter the property regardless of me being here or not or if I want them too....

They're talking absolute rubbish. As stated, you have a right to quiet enjoyment until the actual end of your tenancy.

The landlady has also resorted to blackmail to try to get us out of the flat earlier then the date in which we should be movving out which she choose herself.

This is potentially harassment under the Protection from Eviction Act 1977 - a criminal offence for which imprisonment is a possible penalty.

Also another question; iv lived within this property over a year and have all electric throughout the flat, we have a cooker that trips out (which was here when we moved in) and she refuses to get anyone to come out and look at it and a boiler that bangs so loud our neighbours can hear it, does it need to be checked every year? If the answer is yes how can I think about doing this because she simply doesn't care?!?!

The lights also haven't even been earthed properly and are just earthed to a metal plate....

I need some mega advice hear haha! As I'm being told I could sue for no boiler checks or seeing her certificates when I moved in and all sorts

There is no obligation for the LL to get an electrical certificate but she must ensure the electrics are safe. Any gas appliance must be safety checked annually and a certificate issued. Were you shown one before you moved in and since you have been there? She can be prosecuted by the HSE (I think) for lack of gas certificate and receive a fine. You can't personally sue her for the electrical / gas issues.

I suggest that you contact Shelter for advice.

Depending on how you want to play things, you could consider a letter which outlines all of the issues mentioned in this thread which are relevant, i.e. right to quiet enjoyment, potential offences under the PEA, absence of gas safety certificate, electrical hazards, failure to protect deposit.

You have been more than forbearing by agreeing to conduct viewings, this is presumably the final straw and you won't do this any more.

Particularly if you do start to play hard ball, this will probably result in a poor reference so decide what is most important to you. By ramping up the issues you also run the risk of diluting the most important issues.

If she continues to harass you, contact the police. They will probably try to fob you off by saying it is a civil matter but they are wrong.

You could also contact your environmental health office at the council and ask for an assessment as the property is not safe.

G_M

jojodz wrote: »

I have been told that because my contract has been terminatedthe contract ends when you move out - not before it is within there right to enter the property regardless of me being here or not or if I want them too....rubbish. Change the locks.

The landlady has also resorted to blackmail to try to get us out of the flat earlier then the date in which we should be movving out which she choose herself blackmail how? what does she know that you don't want her to tell.......??!!

Also another question; iv lived within this property over a year and have all electric throughout the flat, we have a cooker that trips out (which was here when we moved in) and she refuses to get anyone to come out and look at it and a boiler that bangs so loud our neighbours can hear it, does it need to be checked every year?if it is not gas, no. If the answer is yes how can I think about doing this because she simply doesn't care?!?!

The lights also haven't even been earthed properly and are just earthed to a metal plate....frankly - there is a lot you could have done about these faults, but 12 months ago was the time to do it - not now just as you are leaving.

I need some mega advice hear haha! As I'm being told I could sue for no boiler checks or seeing her certificates when I moved in and all sorts

Only gas certificates are needed. Since you say the property is all electric..........

jojodz

the problems were told to the landlady once they started to happen and she just couldnt be bothered;

we had our windows smashed in october 2010 which was shortly after we found that drug dealer used to live within the flat we are in now and was still dealing outside our front door... that messed up our carpet and door and were waiting for that to be replaced and wasted our time on fake bookings she arranged for this to be told that she will replace when we moved out.

the plaster in the flat has all blown and weve been told that that is all our fault?

she is black mailing us; this is the text i recieved off of her

if you move out on the 5th august i will write you a good reference if you dont move out by then i wont even bother to write you one; so its your choose aint it love!

hmmm... so our boiler doesnt need to be serviced every year?

Yorkie1

Is the boiler a gas boiler? If so then yes it requires an annual gas safety check. If it isn't gas then no.

Unless you've behaved in an untenant-like manner then she hasn't a leg to stand on re the blown plaster.

She sounds like a thoroughly unprofessional LL who will say anything irrespective of the law.

G_M asked a number of questions (I've numbered them for ease of reference). Please answer them so we can offer more detailed opinions to help you.

G_M wrote: »

1. Do you have receipts for the deposit/rent?

2. Does your contract state you pay the deposit?

3. And rent in advance?

If so, your last rent payment will be on 5 Aug which will cover the period to 5th Sept.
They should then return your deposit which should have been protected in a scheme.

4. Just as an aside, what contract do you have and what notice did you give? If you had a 12 month contract starting 5th July 2010, your contract would end on 4th of July 2011. So
a) did you give a full months notice (what date did the LL/agent receive your notice?) and
b) you should be leaving on the 4th of the month, not 5th.

Unless, of course, the LL has agreed in writing to your leaving date of 5th Sept.