Moving out of our rental property , landlord issues

Reece_

We currently are in a strange situation regarding our rental property.
Basically our landlord, divorced a few years back, wife at the time decided she didn't want anything...now she does. Hence beginning of next month she will own our property.
she has told us that she planned to move in herself in March, so seeing as our tenancy was coming to an end in August anyway we have decided to leave.

Problems / questions we have;

When we started renting , I took over the tenancy from my brother hence things were done too casually really and there was no inventory taken. In terms of damages to the house, how do we stand on not losing our deposit considering these damages were incurred during my brother renting here?

The soon to be landlady, recently has been demanding access to the house , before it being signed over to her. So far we have told her to do one.
She most recently has text me saying that her solicitor is expecting me to forward on copies of our utility bills?? I don't see the need in this, in her words " so there's no discrepancy" what discrepancy?? what use are our old bills to her? final bills to prove we have no arrears on the property yes but we won't have those for another month.
And also she wants a copy of the gas safety certificate which I think we have although I have no idea where, but again why?

We're very much stuck in the middle at the moment between the two of them and just like some advice on where we stand on how to deal with her, and how to make sure we don't lose our deposit.

Yorkie1

1. Are you in England / Wales?

2. You say you took the tenancy over from your brother. Did you actually sign a new tenancy with your own name on it? If so, what is the start date of that tenancy and how long was/is it for? (The rest of this post presumes you do have your own tenancy).

3. Deposit. Did you pay the LL a deposit? Was it protected in one of the 3 schemes and did you receive the prescribed information about which scheme / how to access it etc?

4. If there is no inventory from the start of your tenancy then the LL will struggle to prove the condition of the property at that time, and therefore to prove that you're responsible for any damage. This is to your benefit so don't worry. If the damage was caused during your brother's term, and the then LL failed to pursue him for those damages / update your inventory then it's not your problem. You just go to the deposit scheme and reclaim the deposit. It's up to the LL to justify any proposed deductions.

5. Moving out at the end of your fixed term. You do not have to give any notice if you intend to leave on or before the last date of your fixed term tenancy - although it's wise and courteous to do so.

6. Access by prospective LL. She is entitled to access the property on 24 hours' notice for the purpose of inspecting repair obligations. However, you are entitled to quiet enjoyment of the property and if you write to her saying that you are not willing to permit access, she must obtain a court order before entering. If you think she will disregard this, change the barrels of the locks (change them back before you leave). As long as you cause no damage in doing this, then that will be fine.

7. Utility bills. I assume that these are all in your name? She has no right to copies of these or, at the end of your tenancy, to withhold repayment of any deposit pending confirmation that you've settled the final accounts. That is a contractual matter between you and the utility company / council. All you really need to do is to confirm who the supplier(s) are when you leave.

8. Gas safety certificate. You have no obligation to provide that to her - your current LL is legally obliged to retain it (and previous years) but if you can easily access it and copy it, then it might make life easier if you can supply it.

9. Just thinking about the practical implications from the change of LL. I believe that the old LL should give your deposit to the new LL, who is then under a duty to re-protect it. I'm not sure what happens if this transfer doesn't happen, and at the end of your tenancy the deposit is still technically held on the say-so of your former LL - i.e. who authorises the release of funds to you. Hopefully others can advise.

Also, I believe the new LL is under a duty officially to provide you with their details - and that rent is not due unless / until they do this. However, this might be a complicating factor too far ...

G_M

Yorkie1 sums it up well.

Additionally, Landlord & Tenant Act 1985 section 3:

"Duty to inform tenant of assignment of landlord’s interest.

(1)If the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the new landlord shall give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months.
........

(3)A person who is the new landlord under a tenancy falling within subsection (1) and who fails, without reasonable excuse to give the notice required by that subsection, commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale."

AND

Landlord and Tenant Act 1987 section 48

Notification by landlord of address for service of notices.

(1)A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

(2)Where a landlord of any such premises fails to comply with subsection (1), any rent or service charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.

blackshirtuk

Sounds like she is trying to sell it !

utility bills, gas safety, access ........

DVardysShadow

Reece_ wrote: »

And also she wants a copy of the gas safety certificate which I think we have although I have no idea where, but again why?

:rotfl::rotfl::rotfl: She is the one who should provide you with a gas safety certificate of course

preable

DVardysShadow wrote: »

:rotfl::rotfl::rotfl: She is the one who should provide you with a gas safety certificate of course

:rotfl::rotfl::rotfl: I would ask her just for kicks

G_M

preable wrote: »

:rotfl::rotfl::rotfl: I would ask her just for kicks

Actually it is a serious point and you should ask her - not just for kicks.

She has taken over a property and become a landlady. This has obligations/responsibilities which she has to accept. As part of 'taking over' she should have requested the current gas certificate (along with tenancy agreement, deposit, and all other documentation) from previous owner (whether an ex or not).

If she has not got one, she is in breach of the law, and should arrange an inspection immediately.

Ignore the request for utility bills (your contract with the utility suppliers is none of her business) but write saying you have no GSC so could she please arrange an inspection within 7 days?

Danfuss

From the OP's post, the transfer of ownership of the tenanted property to the new landlady has not yet taken place but is due to happen at the beginning of August. Unless the property was held in joint ownership with her ex-husband, I can't see she has any right to demand access or any information about the property from the OP.

dimbo61

Please check your deposit has been registered with the DPS there are 3 and you should be able to find out which one has your deposit!
You are moving out in less than 2 weeks and you want this money back.
She needs to get a new Gas Safety check done before she can rent out the property!!!
Idea of bills helps new tenants work out how much to set up DD to pay gas/elec.
You dont have to allow access now so thats upto you !!!
She may want to see what needs doing before renting out to next tenant or moving in herself ( BTL mortgage or consent to let ?)

Reece_

Hi guys thanks for all the replies. All makes sense now and seems fine.

We do have our own tenancy agreement yes, which ends mid August anyway.
And we do have our deposit held in a scheme and have the paperwork for it as well as the papers to confirm that it has been transferred to new landlady.

Not sure tbh whether the property was jointly owned before or not, I take it that if it were then she could have access at anytime before it being solely hers?

Reece_

Also regarding the gas certificate, by the way I'm which she asked for it, it sounded as though she only wanted to check if we had it or not so that if we didn't she could try and get her ex in trouble?
We do or perhaps did have it, I know we had a copy at one point however it's whereabouts to me at the moment is unknown, is it my responsibility to keep it safe? It would be over 18 months old now should that make any difference.