Landlord Issues

G_M

Wrighty87 wrote: »

- Get down to B&Q and pick up the necessary locks that will make unauthorised entry impossible for them. We can achieve is by fitting x2 Slide Bolts to the front door and a padlock on the rear entry. I know this isn't as secure as changing the barrels but it still leaves forced entry as their only option.
Don't start screwing new locks/bolts etc on the doors. You'll be charged for repairs when you leave.

Change the barrels of the existing locks. It costs about £5 and takes 5 minutes with a screwdriver. See here.

Leaving a key in the lock on the inside sometimes makes it impossible to insert a key from outside - try the backdoor? Half turn the key so it cannot be pushed out from the other side.

- Avoid all direct contact with them and communicate only by letter. With our working schedules it shouldn't be difficult. Due to the layout of the house it would be very easy to appear as not being home when we actually are. We plan to just not answer the door if we catch them arriving unnanounced. All of our planned visitors call ahead first so we will know when there is an unexpected knock on the door.
Correct.
WRITE now, listing all repairs needed.

Also we will be bolting down the front door / padlocking the rear entry before work every day so unauthorised entry should be impossible without forcing.
Good
- We are none-stop house hunting. My Wife has viewed two properties today already and we have several more planned for the evenings / weekend. We have the money in the bank to get the ball rolling immediatley on the new house, when we find it.

- When we have a new house confirmed we will send the landlords our notice via recorded delivery. Do not hand in notice till new place CONFIRMED. Even if it means an overlap which costs a bit extra.In this I will include every detail (sticking to the facts and keeping it formal) why we are vacting the property and I will also include and highlight the relevant segments of the 'Protection from Harassment Act 1997' and 'Eviction Act 1977' for their reference (as pointed out by Yorkie1, thank you!). I will be going through it myself but if anyone knows any applicable sections that I need to highlight, I would be grateful!
Pointless. The time to stress your rights etc is while you live there, to ensure you get them, NOT when you are leaving. Adding antagonism just before asking for your deposit is pointless. I know it will make you feel good, but it's better just to leave with as little argument as possible.

- I have been told that we are currently on a month-rolling contract. We initially signed and agreed a 12 month contract. We have seen this through and not signed anything since. I heard under these circumstances they go to month-rolling by default? Also the Landlord told me it was month-rolling a few months ago.
Yes - you must give 1 full months notice coinciding with rent periods, so if you are a day late giving notice it could be almost 2 months.
The LL has to give YOU 2 months (or nearly 3 depending on timing)

I have a couple more quieries and if anyone can help I would greatly appreciate it.

- Is the necessary notice period on a month-rolling contract just one month? We fully intend to pay what we owe and leave no wrong-doings on our part. Unfortunatly (despite asking) they have never produced our copy of this contract. The 12 month is the only one I possess.
You do not need a new written contract. The terms of your original 12 month contract still apply EXCEPT for the notice period (above)
- Whilst our payments dates run monthly (6th of each month) if I was to hand our notice in on say the 25th, could I then calculate what I would owe to the 25th of the following month and only pay that as the last months rent? We pay rent in advance.
No.
Forget payment dates, you need the Tenancy dates (which may/may not be the same). If your original 12 month contract ended on 5th of month, then your tenancy dates run 6th to 5th of each month.
Hand in notice on the 25th, and your months notice starts on the following 6th to end on the 5th after that. (so about 6-7 weeks).

- By handing the notice in on this place the day we pick up the keys for the new place we will end up holding the keys for a month that we don't live here. Although this isn't ideal financially, we can manage it and it illiminates any risk of not having a new property by the deadline. I intend to include in the notice that the property will remain locked up for this time and I will hand back the keys on the required day.
Yes, you have the right to occupation whether you are living there or not - and the LL still has no right of entry, except in an emergency, without your consent. He can ask for access to show new tenants round - you can agree or refuse.

You can of course, jointly agree to end the tenancy early. If you do, get it in writing and clearly agree the date you cease paying rent.

I'm hoping I have everything covered here. The deposit issues will be sorted out when our notice is complete. Thanks for pointing out that the lack of an inventory and deposit protection will serve as ammunition for us should they attempt any absurb deposit deductions.

Apologies for the wall of text! Thanks again and we really apprecaite the advice.

Hope that helps.

Please check your tenancy dates carefully to get the notice right. People often think the start/end date is the same. Did your 12 month tenancy start on the 6th or end on the 6th??

Wrighty87

Point taken on the locks. I was thinking that a slide bolt would be the cheaper option. I hadn't thought about the deposit consequences. I will change the barrel... the added benefit here is that I won't need to leave the house through the garage every day to ensure the front door is bolted... as was the plan. I'm going to B&Q on my way home from work today, their keys will be useless as of tonight.

Thanks for the clarity on the notice period. With that in mind (and assuming we manage to secure a house within the next three weeks...) we will be handing the notice in on the 5th September and handing the keys back on the 6th October. Three weeks doesn't seem like a lot of time to secure a new home but it is our target. We will re-evaluate if this doesn't happen.

We are going to read through the tenancy agreement tonight to ensure we are doing everything by the contract.

Last night my wife told me of their visit in more detail. The LL has arranged for a painter to paint the guttering and window frames. Said painter turned up at the house whilst the LL was still there. The LL then tried to tell us that we have to give him (the painter we've never met before) a key to the house so he can access the rear of the property when we are not in. I can't believe they thought this was acceptable. Fortunately my wife had her wits about her and outright refused, which resulted in them becoming angrier but give it up when the painter joined in to side with us, saying something along the lines of "They don't want to give me a key to their home for the same reason I wouldn't want give them a key for my home".

Also, they left the property sternly saying "We will be back soon". No goodbyes, just "We will be back soon" and shut the door. Us not painting the decking and fencing has seriously angered them and given that it isn't our responsibility, clearly points out they haven't a clue what their doing. They lease at least six other properties that I'm aware of. How can you be a private LL to that level and still not understand the boundaries. They could be well aware that their in the wrong here but attempting to take advantage of us because we are young and in their judgement, not smart enough to fight them on it.

Sorry I'm just ranting again.

Once again thank you for the advice. This post has completely changed our stance and we are now trying to act the correct way!

00ec25

Wrighty87 wrote: »

Thanks for the clarity on the notice period. With that in mind (and assuming we manage to secure a house within the next three weeks...) we will be handing the notice in on the 5th September and handing the keys back on the 6th October.

I assume that as your rent payment date is 6th of the month, that represents the first day of the tenancy and so the tenancy started on the 6th of the month it would therefore ended on the 5th of the month 12 months later.
(of course it is very possible that the rent payment date is not the same as the tenancy start date hence everyone is emphasising that you must check this to the contract)

Your periodic tenancy therefore runs from 6th - 5th of each month . So you must vacate the property on the 5th of the month not on the 6th, and your notice must be handed in on or before 6th Sept with a termination on the 5th Oct.

calliopeviolet

I'm really sorry to hear that you're having such problems. We're having very similar; my partner wants to change the locks to stop our LL gaining access so it's encouraging to hear that we can do that. Or change the barrels at least.

We've been in touch with the TRO at the council and they have been super-helpful, not least in reassuring me that what the LL is doing is unlawful.

I hope you get it sorted out soon; all the hassle we've had is making me ill and this really is no way to live, so you have my sympathies.

BornAtTheRightTime

00ec25 wrote: »

I assume that as your rent payment date is 6th of the month, that represents the first day of the tenancy and so the tenancy started on the 6th of the month it would therefore ended on the 5th of the month 12 months later.
(of course it is very possible that the rent payment date is not the same as the tenancy start date hence everyone is emphasising that you must check this to the contract)

Your periodic tenancy therefore runs from 6th - 5th of each month . So you must vacate the property on the 5th of the month not on the 6th, and your notice must be handed in on or before 6th Sept with a termination on the 5th Oct.

Sorry if this comes across as patronising but in addition to the sound advice above, I just wanted to make sure that you realise that as well as vacating on or by the 5th Oct you must also hand the keys back on or by the 5th Oct.

G_M

Oh dear - yet more emphatic advice:....

Remember whatever date you end up having to give you notice by (6th? 5th?), it must be received by that date. Not good enough to date a letter that date and put it in the post....

Hand delivery is fine on the day, otherwise it must go in the post 2 working days in advance, 1st class.

jjlandlord

BornAtTheRightTime wrote: »

I just wanted to make sure that you realise that as well as vacating on or by the 5th Oct you must also hand the keys back on or by the 5th Oct.

Not really. Handing the keys is not a necessary condition, it just adds to the elements proving that T have in fact vacated.

Wrighty87

Yeah I just got the dates a bit mixed up. Should everything go as planned we will be vacting / vacated the property within a week of handing the notice in anyway. If we are unable to secure a property by the start of september then we will have to drag things out another month. Given the measures we're taking to surpress their harassment I doubt this will be too difficult. I am way past trying to compromise and work with them at this point. From now it is strictly contractual and I will be holding them to what the law permits.

As for the notice recieved date. Again, if things go to plan I will be sending the notice recorded delivery several days before it needs to be recieved. I know that there is a chance that the letter could end up back at the post office due to nobody being present to sign. I can see this via the tracking service and if it is the case I will print a second copy and deliver it by hand, before the 6th.

Wrighty87

calliopeviolet wrote: »

I'm really sorry to hear that you're having such problems. We're having very similar; my partner wants to change the locks to stop our LL gaining access so it's encouraging to hear that we can do that. Or change the barrels at least.

We've been in touch with the TRO at the council and they have been super-helpful, not least in reassuring me that what the LL is doing is unlawful.

I hope you get it sorted out soon; all the hassle we've had is making me ill and this really is no way to live, so you have my sympathies.

Hey thanks for the supportive post. I hope things work out for you guys as well. I am really trying to adopt a gloves-off approach to the situation now. This time last week I felt intimidated and tried my best to just keep them happy, regardless of how we were feeling.

The incidents over the last few days have really pushed us over the edge. Their nothing but school ground bullies to us now and my experience of them is that they run away with their tail between their legs once they realise you pack the harder punch... metaphorically speaking of course!

Yorkie1

Do not send it recorded delivery. Send two copies from two separate post offices, keeping proof of posting. Saves you having to actually confront them.