Gas Safety Check and annoyed LL (him not me)

G_M

G_M wrote: »

No deposit left? That strengthens your position.

No inventory? That strengthens it again hugely.

Have you been to B&Q yet and bought a new lock barrel? Why not? Whether your fear that he will come in is justified or is paranoia does not matter - it is a real fear so CHANGE THE LOCK!

If the LL decides you owe hime money when you leave (ie for rent arrears, or damage) he cannot simply deduct it from your deposit, he has to ask/chase you to pay it. If you disagree/refuse he has to take you to court.
If there was a deposit and he just kept it, you would have to take him to court to get your deposit back.

If he does take you to court but has no inventory, how can he prove you caused damage or took away hie eg sofa? He has no proof there ever was a sofa, or that the property was not damaged when you moved in. The onus of proof is on him and without an inventory it is very hard....

Are there 2 locks on the door? If so, dismantle one and take the barrel to locksmith/B&Q to get an identical one.

If only one lock on the door, you'll need to leave a mate at home to protect the property till you get back....

Has the LL got a backdoor key....?

GotToChange

There was no real need for an inventory as the house was utterly and completely empty when I came here. At this point I would happily walk away from it and leave all my stuff* behind. I would love the simplicity.

There is a front door that is never used and is boltable from the inside, a patio door that is lockable from inside only and a side door which is the one he would come in. It only has one lock so this is the one I have to work on I guess.






*Apart from my make-up and my cat.
(Oh and brand new mountain bike....)

BobQ

GotToChange wrote: »

@BobQ -

I agree that he was (unncessarily, no issue until now) considering the legal ramifications of the inspection. But the appliances have PASSED the inspection, the issues raised were minor and in no way would have made money for BG as they can be done by a handyman (or me even.....).

He went off his stack for no real reason.

I have gone along with the date moving forward gradually and arranging the inspection myself because it is easier - he ALWAYS acts as though I am not going to do it and was ruder than ever this year (before all this). It is my home, I am female verging on middle-aged, worked as an Executive Assistant in a global corporation - he knows that things do not go undone in my world (unless it is something that I am hoping that he will do).

I have read more of the later postings and can now see what you are having to put up with. I guess its a matter of whether he does things incorrectly because he does not know the law or because he does not care to follow it.

I agree his entry into the house without permission is unacceptable. I think in your situation I would change the lock and if he queried it then you would know he tried to enter again and could challenge this behaviour as illegal. But as you say looking for somewhere else is the best solution.

He really seems a prat. Most private LLs would be only too pleased to have a reasonable tenant that pays her rent on time and has done so for 10 years without causing him any hassle. I would drop him in it with the authorities once you have left and leave with the satisfaction of knowing that he will be very lucky to get such a good tenant next time.

G_M

GotToChange wrote: »

There was no real need for an inventory as the house was utterly and completely empty when I came here. At this point I would happily walk away from it and leave all my stuff* behind. I would love the simplicity.

There is always a need for an inventory (for the landlord). A good inventory does not just list the contents, it describes the condition (usually with photos too).

Suppose the property was totally empty at the start, but freshly painted and in pristine condition. The tenant leaves, and the wallpaper is half-ripped off the walls, the paintwork is all scratched, the ceiling is stained with... god knows what, and the kitchen door has a hole in it where someone kicked it.

The landlord will normally get quotes for repairs/redecoration and deduct this cost from the tenant's deposit.

In your case:
a) he has to take you to court as there IS no deposit and
b) he has to prove to the judge that the property was not like that when you moved in - which he can't as he has no inventory describing the property.

clutton_2

Even tho you have been living there for 10 y ears, it is my understanding from your posts that you have signed a new tenancy agreement every year. If that is true then your LL HAD to lodge your deposit with a Deposit protection scheme in 2009. IF he has not done this.. he cannot issue you with a Section 21.. you are in an amazingly good position.

I am a LL of 12 years and guys like this spoil our business horribly and give the rest of us a bad name.

If he is such a bad landlord as he sounds, he will simply not know about this deposit protection legislation, and so will not know that he cannot give you a Section 21 notice ot leave.

This means you should Not sign a new tenancy agreement, you should change the locks as soon as possible, post a cheque with proof of postage to his house for the rent, and start looking for somewhere else to live.

You do not have to let him in for any reason at all. Just don't answer the door if he starts thundering on it. If he causes you upset call the police and tell them that he is harrassing you under the 1997 Protection from Eviction Act which is a criminal offence.

If he sees the police come to question him, he will maybe think twice about bullying you.

Good luck gal... you need to get some help with this.. and you could also go to the Council and talk to an advisor from the Private Rental sector and get them to write to him about the harrassment and about the cash.

This man is a bully... and needs challenging.

AFK_Matrix

Would I also be right in thinking that as the LL hasn't put the deposit in a protection scheme that the OP can go to court to get 3x the amount? Although with the new legislation coming in the amount is upto the judge. Could make a nice amount for a deposit on your new place

clutton_2

the 3 times deposit/sue landords legislations had several horses carriages and carts driven through it with sveral barmy court judgements... its not worth considering doing this any more.

However... the new LOCALISM bill has just been given Royal Assent - and contains new protective measures for deposit protection...

GotToChange

@clutton -

So, when - IF (big if) - he produces a new TA, do I just tell him I'm not signing?
I cannot imagine the uproar if that would be what I was to do...

The fact my deposit was swallowed up by rent arrears - pre such thing as a DPS - is a worry and I don't know if I am somehow considered to be in the wrong or to have brought the loss of the deposit (in a scheme or otherwise) on myself...

Re: Inventory and state of house. I have no concerns about this - well, apart from legalities - as the house is in far better shape than when I came. The only issue is the stair carpet which has come away from it's attachements, which I mentioned to him - again, years ago - and he has done nothing about. I am not certain about whose responsibility a carpet would be (and am certainly very reluctant to get a new one now) - or even making this one safer; I have fallen down them three times (the carpet sticks out further than the edge of the tread if you understand what I mean).

clutton_2

Either dont answer the door. or tell him you are busy - shut the door - dont sign it. If he insists on giving it you, take it, shut door, lose it.... or just tell him its inconvenient.

A deposit is meant to be used for the consideration of breaches of tenancy terms at the end of a tenancy not mid-way through. He will have to prove, by way of a Rent Schedule, where these arrears came from - ie what date they were related to. I bet you £1000 he wont even know how to prepare a rent schedule.

Do you agree the rent arrears ?

Have you kept any records of how much rent you have paid and when ?

This man is a bully. You have to stand up to bullies. I know this seems scary, but, the law is on your side here.

Another suggestion.... is there a neighbourhood law centre near you where you might get a letter written to him for a fair cost, or even free ?

If he gets a solicitors letter this may well scare him into behaving like a civilised person.

My ex landlord switched off my gas, and as soon as i wrote to him quoting the 1977 Protection from Eviction Act and criminal proceedings, his wife sneaked into the boiler room and switched it on again.....

The stair carpet is another repairs hazard and another item to mention to a solicitor ..... have you any records of any injuries you suffered as a result of these falls ?

If you did not sign an inventory (on moving in and out ) alongside his signature, then he cannot prove the condition of the house 10 years ago, and in any case, there is 10 years of wear and tear to be taken into account and so i doubt he will be able to claim much in the way of deductions if there is no inventory.

Take dated photographs now of this carpet and any other repairs which need doing

GotToChange

I agree there were arrears - but it was his decision to "use" the deposit to "clear" them, which was probably just him writing in the rent book that the rent was up to date. I am quite certain that the deposit had already been spent at an antiques fair. I wanted to clear them separately - and could have done but it was no go.

Is the carpet then something that he should attend to? I have only scraped and bumped my behind/arms so not noted the injuries such as they were. I am quite afraid of the stairs now and mentioned to him that this was the case; he said he would have no issue with me removing the carpet and having bare stairs.... (this would not "suit" this house at all).

.... should I be expected to purchase a carpet (which by the way was many many many years old when I came here)? Doesn't seem right to me....but he seems to expect me to and certainly won't do anything about it.