Scumbag Developer LL's and Lettings Agents

Kaminari_2

I had a similar case.

We found a nice big semi detacted with a garage (we needed it for storage), paid the deposit and signed the paperwork. We were just waiting to move in when we found out that the LL started the process of turning the garage into a bedsit. Against planning laws but this LL was a law unto himself.

We quickly informed the EA that we signed contacts for the WHOLE of the property and were not prepared to share it with anyone.

The EA (Foxtons) saw the point and quick reversed the process.

If you have signed the contract for the whole of the property then you are entitled to it. Even the garage if it make no mention otherwise in the contract. If the LL is developing the property and the contract forces him to wait it will only be for the min time (6 months?). Do you move in now knowing you will be moving again in 6 months or do you end it all now?

I would be 100% certain of the LL intentions before you decide. Good Luck.

Gorgeous_George

clutton and Olly300 may be wrong

This guide for landlords states that the landlord has a right to access the property for certain reasons (that can be written in the tenancy agreement). The LL needs to give 24 hours notice in writing. Refusal by the tenant would necessitate the LL seeking legal advice.



GG

http://www.communities.gov.uk/pub/899/AssuredandassuredshortholdtenanciesAguideforlandlords_id1151899.pdf

jyonda

Just spoke to the LL direct who was a nice fellah. He's agreed to return our deposit and rent on the basis we were misled by the agent who had been fully briefed apparently. Their intention is to begin building in February!

Unbelievable deceit by the agent. Now I have to see if I can get my credit check and finders fees back from them.

And we now need to start looking for somewhere else to live too, very quickly.

The agent is a national chain that sounds a bit like Sour Move.

olly300

Kaminari wrote:

I had a similar case.

We found a nice big semi detacted with a garage (we needed it for storage), paid the deposit and signed the paperwork. We were just waiting to move in when we found out that the LL started the process of turning the garage into a bedsit. Against planning laws but this LL was a law unto himself.

Lots of people, LL and normal house owners, put in extensions and convert properties (normally into flats) without planning permission. They try and get retrospective planning permission with the risk they may be told to tear the place down.

In this case the LL has asked for planning permission, therefore I would talk to the LL before doing anything. If the LL refuses to talk and indicate their intentions then you need to either get out, or start investigating your legal options if you have already moved in. No LL wants to end up with court judgements against them.

I've had LLs in the past who have started works before getting planning permission. One stopped when he realised he was making life difficult for himself i.e. fire regulations on adding a flat to a large multi-floored house, the other was just extending two properties by adding a new room and knew how he could get around the regulations. Both times the LL talked about their intentions.

Gorgeous_George

jyonda

Good luck with the house hunting. I'm pleased that the matter has been resoved to your satisfaction and I hope Sour Move return your monies.



GG

clutton_2

jyonda - i am glad you have been able to get some satisfaction - all that stress !!!!

Re landlords and "quiet enjoyment" - there is another thread on here at present in which i have outlined why tenants do not have to allow anyone into their property unless they have a court order in their hand (unless in extreme emergencies like gas leak, water leak). These are court judgments. But, most reasonable people will want to establish good relationships with their landlord, and allow access for the landlord/builder at the tenants convenience.

Just because something is in an AST does not make it legal.

Gorgeous_George

clutton wrote:

Just because something is in an AST does not make it legal.

That is true but the link I gave at Post #53 is to a Government website. I'm sure a judge would decide what is reasonable.

Either.

Landlord who owns the house wanting to access his property for a valid reason.

or

Tenant wanting to be difficult with no valid reason.



GG

Gorgeous_George

clutton wrote:

Just because something is in an AST does not make it legal.

That is true but the link I gave at Post #53 is to a Government website. I'm sure a judge would decide what is reasonable.

Either.

Landlord who owns the house wanting to access his property for a valid reason.

or

Tenant wanting to be difficult with no valid reason.



GG

Gorgeous_George

clutton wrote:

Just because something is in an AST does not make it legal.

That is true but the link I gave at Post #53 is to a Government website. I'm sure a judge would decide what is reasonable.

Either.

Landlord who owns the house wanting to access his property for a valid reason.

or

Tenant wanting to be difficult with no valid reason.



GG

clutton_2

the legal concept of "quiet enjoyment" has many books written about it - it is a highly complex matter. "Government" advice lines are just that - advisory - they do not necessarily state what the law says.

An AST is a simple contract for a tenant to pay rent and a landlord to provide a house. All other clauses are negotiable as far as i am concerned, and i have often deleted or added clauses to an agreement depending on the tenants. "Quiet enjoyment" is always included in any AST i have seen, as one of the tenants' irrevocable rights.

"Quiet enjoyment" is often used as a defence when harrassing landlords are taken to court by tenants who have had utilities cut off, where landlords have sent "heavies" round, and all the rest of the violent stuff, which, thank goodness, is a lot less frequenlty seen these days.

But, courts decidesd that "quiet enjoyment" was just that - you rent a house, and you have the legal right to quietly enjoy it. This was tested in a case where a tenant refused the landlord right of entry to do the gas Corgi landlords safety inspection. The landlord took the tenant to court and lost. The judge ruled that a landlord could only forcibly gain entry to a house in severe emergecy such as gas leak which could cause injury and/or damage.

The "englishmans home is his castle" and all that, has been enshrined in British Law for a long time.

Having said all that - the whole landlord/tenant business, like any other business, only works when good relationships and trust are present - so communication is the key for me. I talk to some of my tenants fairly frequently, and get their repairs done as quickly as i can, and send them christmas cards and a small gift, and i have never been refused access ever.

Other tenants i never hear from. You have to be flexible and work with the individuals.

IF one of my tenants refused me access for repairs - i would now know they are up to no good, as i know them so well !!!!