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Is my landlord in breach of contract???
momo1975
Posts: 161 Forumite
I am wondering if anyone can help me with this or point me in the direction of forum on the internet?
Background:
I have moved into a basement flat in clapham last month, i took the flat as it came with a garden that was up 3 steps from the back door, directly outside my door there is 3 foot wide concrete section - dead space. (listed below as a lightwell)
i moved in and after a catalogue of issues which some were and some were not resolved the next sticking point came the garden.
She said i am not allowed to use this as the garden is for the house above (where her niece lives not her) and she claims that the agent told me this. They did not.
She has the house in probate as her niece’s mother died in December and she has little/no knowledge and experience of being a landlord and has even told me she has no interest in the flat and will not get anything back so doesn’t want to spend money
I have said that the contract states:
Garden and plants
12.1
to cut the grass at the premises regularly to keep it in a neat and tidy condition
12.2
To keep the garden, borders, patios, balconies and paths if any weeded, cultivated and tidy as at the start of the tenancy
12.3
not to cut down, lop, or prune any shrub, bushes, trees or timber without the landlord’s written consent. Consent will not be unreasonably withheld.
12.4
not to replace or pay for the replacement of any annual plants or any house plants that may have died
there is no mention anywhere in the contract saying that i am not allowed to use this and she is there breaking the contract.
Her reply:
"We don't agree with your interpretation of Clauses 12.1 - 12.4. The tenancy agreement is a standard form document, apart from clauses 35 and 36 headed "Individually Negotiated Clauses". Clauses 12.1-12.4 would apply where a garden is included in the tenancy, which it is not in this case. The tenancy is described in the tenancy agreement as being in respect of "Basement Flat ******** Road, ********, London *******" with no reference to the garden. We have, however, agreed that you can use the rear light well which is on the same level as the basement flat.
She has also said she spends £100.00 pcm on a gardener so why should i benefit from this!
Secondly the flat was meant to be professionally cleaned and the inspection report states that the state was dirty and dusty yet she expects me to pay to clan the flat on my departure. Is this fair?
Her reponse:
***** (name of agent) arranged the professional cleaning that you found unsatisfactory With regard to clause 36 (cleaning) , I can confirm that we expect you to comply with this clause at the end of the tenancy
What do you think i the best course of action?
Any help would be appreciated!
Background:
I have moved into a basement flat in clapham last month, i took the flat as it came with a garden that was up 3 steps from the back door, directly outside my door there is 3 foot wide concrete section - dead space. (listed below as a lightwell)
i moved in and after a catalogue of issues which some were and some were not resolved the next sticking point came the garden.
She said i am not allowed to use this as the garden is for the house above (where her niece lives not her) and she claims that the agent told me this. They did not.
She has the house in probate as her niece’s mother died in December and she has little/no knowledge and experience of being a landlord and has even told me she has no interest in the flat and will not get anything back so doesn’t want to spend money
I have said that the contract states:
Garden and plants
12.1
to cut the grass at the premises regularly to keep it in a neat and tidy condition
12.2
To keep the garden, borders, patios, balconies and paths if any weeded, cultivated and tidy as at the start of the tenancy
12.3
not to cut down, lop, or prune any shrub, bushes, trees or timber without the landlord’s written consent. Consent will not be unreasonably withheld.
12.4
not to replace or pay for the replacement of any annual plants or any house plants that may have died
there is no mention anywhere in the contract saying that i am not allowed to use this and she is there breaking the contract.
Her reply:
"We don't agree with your interpretation of Clauses 12.1 - 12.4. The tenancy agreement is a standard form document, apart from clauses 35 and 36 headed "Individually Negotiated Clauses". Clauses 12.1-12.4 would apply where a garden is included in the tenancy, which it is not in this case. The tenancy is described in the tenancy agreement as being in respect of "Basement Flat ******** Road, ********, London *******" with no reference to the garden. We have, however, agreed that you can use the rear light well which is on the same level as the basement flat.
She has also said she spends £100.00 pcm on a gardener so why should i benefit from this!
Secondly the flat was meant to be professionally cleaned and the inspection report states that the state was dirty and dusty yet she expects me to pay to clan the flat on my departure. Is this fair?
Her reponse:
***** (name of agent) arranged the professional cleaning that you found unsatisfactory With regard to clause 36 (cleaning) , I can confirm that we expect you to comply with this clause at the end of the tenancy
What do you think i the best course of action?
Any help would be appreciated!
0
Comments
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Just use the garden. The contract makes it clear that a garden is included. If a gardener comes, fine, if not, keep it tidy!
You cannot be made to leave the property cleaner/better at the end than it was at the start. If you have a written record that at the start the property was 'dirty and dusty' then that is how you can leave it. Do not make an issue of this now - if you don't get it professionally cleaned at the end the LL will never be able to force you, or make deductions from your deposit. Your deloit is protected in a scheme isn't it? Check!Secondly the flat was meant to be professionally cleaned and the inspection report states that the state was dirty and dusty yet she expects me to pay to clan the flat on my departure. Is this fair?0 -
Just use the garden. The contract makes it clear that a garden is included. If a gardener comes, fine, if not, keep it tidy!
You cannot be made to leave the property cleaner/better at the end than it was at the start. If you have a written record that at the start the property was 'dirty and dusty' then that is how you can leave it. Do not make an issue of this now - if you don't get it professionally cleaned at the end the LL will never be able to force you, or make deductions from your deposit. Your deloit is protected in a scheme isn't it? Check!
Yes i have is secured, she put that in the contract cause i have 2 small dogs, and it was cleaned once i moved in too, thanks for your reply.0 -
do you mean the deposit is secured in a scheme?Yes i have is secured, she put that in the contract cause i have 2 small dogs, and it was cleaned once i moved in too, thanks for your reply.
Are you saying that because it is in the contract, or because you have confirmation from the scheme that the deposit is registered?
Check for ourself - do not rely on this dodgy landlord just becaus it's in the contract!!!0 -
do you mean the deposit is secured in a scheme?
Are you saying that because it is in the contract, or because you have confirmation from the scheme that the deposit is registered?
Check for ourself - do not rely on this dodgy landlord just becaus it's in the contract!!!
its through and agent and i have a letter in the post confirming they are holding the money as a deposit..... so thats a good thing0 -
The agents should NOT be holding the deposit! It needs to registered with either DPS, TDS or MyDeposits. Contact all three schemes and check whether it's been protected now0
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NOOOoo! Not enough.its through and agent and i have a letter in the post confirming they are holding the money as a deposit..... so thats a good thing
The agent may 'hold' the deposit (depending on the scheme used) BUT IT MUST BE REGISTERED WITH A SCHEME.
Check the link I gave you and make sure it is registered with one of the three official schemes. Do NOT rely on the landlord, OR the agent for this. Do NOT rely on wording in the contract, OR on a letter from the LL/agent UNLESS that letter includes a registration number from a schem (which I would check anyway!). It is YOUR money. Make sure it is protected.0 -
just to check that its one of theseits through and agent and i have a letter in the post confirming they are holding the money as a deposit..... so thats a good thing- Deposit Protection Service (DPS)
- MyDeposits
- Tenancy Deposit Scheme (TDS)
Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
Slimmer of the month February , March ,April
0 -
She cannot insist on having it back in a better state than she handed it to you. Guard your copy of the inspection report.Secondly the flat was meant to be professionally cleaned and the inspection report states that the state was dirty and dusty yet she expects me to pay to clan the flat on my departure. Is this fair?
As for the garden, plainly to me, the agent used boiler plate text on the garden conditions without consulting the LL. But tough on her, I would say you go ahead and use the garden, as it is not explicitly excluded and you have signed for responsibility for it.
And on the deposit, what the others say is correct. You could try taking her to court for a 3 times penalty, that will make her protect it very quickly. Doing this may result in you being given a section 21 notice, but perhaps this tenancy is not destined to last?Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
And on the deposit, what the others say is correct. You could try taking her to court for a 3 times penalty, that will make her protect it very quickly. Doing this may result in you being given a section 21 notice, but perhaps this tenancy is not destined to last?
I would advise you to not be too hasty there, do at least take the advice to see if the deposit is protected. If you find it's not then simply write a letter before action. That will prompt the action you need before you start spending money.
Note that it's very easy for a landlord to defeat a claim for the 3x penalty by simply protecting the money at any time right up until the court action, also if you lose the claim you could be held liable for the landlord's costs as well as your own, also these claims are never done in the 'small claims track' so the costs are considerable.0
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