landlord using my address for registration of road tax, insurance and driving license

ktleanne

hi,
i've lived in my property for 4 and a half years and all the time i've been here my landlord has been using my address to register her car for everything as she says its cheaper at my property than where she lives(she also just lets herself into my property as and when she feels like it). i'm pretty sure this is illegal. i rang the police for advice but they just gave me an address to write to, i rang the dvla and they just did the same. is there any other way i can get this sorted without writing to someone? i wanted it delt with asap. can anybody help? thanks.

i also gave notice that i wanted to move out recently as my landlord doesn't do any maintenance to the property (the boiler is so old it should b condemmed, it hasn't been checked since i moved in) and i don't feel safe here. i found a new house for me and my 2 kids and put down a holding fee of £300, all that was needed was a reference from my current landlord. she gave me a terrible reference and i lost the house and my holding fee which she now says i won't get back.

for some reason my landlord can't sell her house untill 2014, i'm on housing bebefit which gets paid directly to her, i think shes trying to trap me here untill 2014

she doesn't have landlords insurance either - don't know if this is an issue or not though?

WeegieWumman

Do yourself a BIG favour and contact 'Shelter' on this matter and they'll give you all the advice you require.

BitterAndTwisted

The lack of landlords insurance sounds like she hasn't got consent-to-let from her lender. Pray to God that she doesn't default on the mortgage or you'll be out of there well before 2014

Start pressing for a gas-safety check. if she's not willing to have it carried out arrange it yourself.

Change the barrel of one of the locks to prevent your landlady from waltzing in without prior notification or consent.

Thrugelmir

Just return her mail to the sender, marked "does not live at this address".

Change the door locks as well.

G_M

You're being used.

1) Using the address (car etc) when she doesn't live there is fraud - OK, not your fault, but in your place I'd put ALL her mail back in the postbox marked "Not known at this address - Return to Sender"

2) No boiler inspection. VERY dangerous (for you!) and illegal (her). Write asking for a gas safety certificate within 7 days. If she doesn't comply, report here. HSE (Gas Safety Certificate rules)

3) Write asking her to contact you for your agreement if she wants to visit in future. To ensure she does this, change the lock - keep the old one to replace when you leave. You have a right to 'quiet enjoyment' ie NO unannounced visits.

4) No insurance is her problem. If the property is 'uninhabitable (eg there's a flood form the water tank) she has pay to re-house you somewhere. Without insurance it comes out of her pocket.

5) No, you can't control what reference she writes, or get the holding fee back from her.

6) If/when you give notice next time, make sure you have the next place confirmed first, and give her the proper notice period (it can be complicated so ask us here first)

7) if there are other repairs needed, list them and put them in writing to her. Sounds like you need to do a single letter with all this stuff to start making her act like a landlady!

8) Shelter has advice here on repairs.

And just to stress - these matters need to be done by letter, in writing, to the address she should have given you on your tenancy agreement. You do have an address fo her yes? Do not phone, use email, or text. Write.

Werdnal

Sounds as if she may be fiddling the fact that she is letting by not changing all her official docs. She possibly hasn't got consent to let from her mortgage provider, and is also not declaring her income from your rent to the HMRC. Do you pay the council tax? Are you on the electoral roll? Do you get any other mail for her - mortgage statements, bank letters etc?

The nest step would be to put your issues over the boiler repairs/lack of boiler inspection to her in writing. I assume it is gas - If so, remind her that it is a legal requirement to have an annual gas safety certificate in any letting property and ask her to address this asap. If you have any other repairs required, also list these and ask her to confirm to you within 14 days when she will attend to this otherwise you will be taking further advice from the Environmental Health Department regarding her breach of the gas safety regulations.

Also in the letter, remind her that she is breaching your legal right to "Quiet enjoyment" of the property, by entering without your permission and you request that should she require entry to the property, she makes an appointment with you at a mutually agreeable time.

I would also agree that you are perfectly within your rights to change the locks, so long as you replace them or provide the LL with a key at the end of the tenancy.

She has cost you money by being an a£$e over the reference, so time to take the official route to sort out your repair grievances.

princeofpounds

What is your problem with writing? It's the best way to get many legal things resolved.

- Change the lock barrel, retaining the originals to restore on exit. This is your right as a tenant. Access problems solved.
- Return all mail to sender with 'not at this address'. If the police and DVLA give you an address to write to, do it.
- Request in writing a copy of your gas safety certificate.
- Request in writing all the repairs you require. If it does not happen within a reasonable amount of time, either invoke the procedure set down in Lee Parker vs Izzet 1971 (basically do it yourself and deduct from future rent) or call in the environmental health officer. Shelter can advise you on all this.
- If the reference she gave was libellous consider threatening legal action.
-Download the title deed on the land registry (£4) and see if there is a mortgage on the property. Contact the mortgage company to ask if she has permission to let.
- If there is any sign that she might not be declaring the rental income for tax, speak to HMRC.

Now, you don't have to actually do all these things, they are just options. But the fact that you know you can do them will give you some negotiating leverage. Many landlords will agree to end a tenancy and give a reference to avoid getting an environmental health inspection for instance.

missile

I would not be concerned if LL was using my address. I would not be concerned if LL was not declaring tax and had no insurance. I would be concerned to get the boiler inspected and repairs carried out promptly.

If you are leaving, why make a fuss? Just leave on amicable terms.

Why is rent paid direct to LL? Have you defaulted in the past? Is that why you were given a "terrible" reference? As a housing benefit tenant you may find it difficult to find another property without a reference.

mynameisdave

missile wrote: »

I would not be concerned if LL was using my address.

I would, it sounds as if they are doing everything on the cheap, and do not have insurance. Any cash flow problem and with no consent to let your out on the street. Still without reference, still on HB and with no time to save for a deposit.

dodger1

[QUOTE=G_M;483917792)_No_boiler_inspection._VERY_dangerous_(for_you!)_and_illegal_(her)._Write asking for a gas safety certificate within 7 days. If she doesn't comply, report here. HSE (Gas Safety Certificate rules)[/QUOTE]

Are there any rules covering electric boilers?

missile

mynameisdave wrote: »

I would, it sounds as if they are doing everything on the cheap, and do not have insurance. Any cash flow problem and with no consent to let your out on the street. Still without reference, still on HB and with no time to save for a deposit.

There are many LL doing things on the cheap and whilst I agree it is not right. You are being a bit OTT, the OP is unlikely to

end up on the street

unless she dobs the LL in to the council, gas provider, tax man etc.