Landlord dispute help.

dori2o

It's me again. Don't normally frequent this part of the site but here goes.

A local resident who was caught up in the Recent gas explosion in Shaw, Oldham is having a few problems. I was hoping there may be some people on here who could offer some advice.

Facts of the case.

Moved into rented accom 19 June and paid bond and 4 weeks rent in advance.

26 June date of Gas explosion. Evacuated from house. Following assessment by council house too unsafe to re-enter.

House is still uninhabitable.

Landlord has written to tenant to advise wants tenant to move out and wants 'rent due' from July - August, plus a 'storage fee' for storing their belonging in the property since 26/06/12.

The lease contains no mention of any fees, but does state that no rent is payable whilst the property is unavailable, and that the landlord should arrange for alternative accomodation in cases where the house cannot be occupied.

Lease also advises tenant must be given prior notice to landlord visiting and entering property, yet the landlord has been inside the property. Destroyed the carpet in the living room, and the tenants passport is missing

Tenant is now in the process of removing items from the property as directed by the local council, but the house is currently inhabitable and needs considerable repairs.

Tenant seems to have new property to move into (not with problem landlord) but is concerned re possible repurcussions from former landlord.

Landlord has refused to return the 3 weeks rent paid in advance or the bond.

Any advice you can give would be very useful

Fire_Fox

So they are still in the fixed term? Then the tenancy needs to continue with the landlord supplying alternative accommodation, the tenant needs to continue to pay the rent OR the tenancy needs to be surrendered in writing by agreement of both parties. Has the landlord served the tenants with a notice to quit? Was the deposit lodged with one of the three schemes? Where has the tenant been living?

dori2o

Fire_Fox wrote: »

So they are still in the fixed term? Then the tenancy needs to continue with the landlord supplying alternative accommodation, the tenant needs to continue to pay the rent OR the tenancy needs to be surrendered in writing by agreement of both parties. Has the landlord served the tenants with a notice to quit? Was the deposit lodged with one of the three schemes? Where has the tenant been living?

The tenant has received a letter advising them to vacate the property and listing the fees payable immediately. One being the 4 weeks rent from July to August and one being the storage fee.

Not sure about the bond, will ask the question. How will the tenant know if the bond has been secured in a scheme?

The tenant has been living with family/friends until they could find a new rental, which they have not but not from the same landlord.

G_M

Is this the same landlady who previously would NOT let the tenant surrender the tenancy?

dori2o

G_M wrote: »

Is this the same landlady who previously would NOT let the tenant surrender the tenancy?

No it's a different one.

The council resolved the previous issue, and sent the landlady away with her tail between her legs.

This has only come to light in the past 48 hours.

The majority of landlords have been very understanding. 3 of them have lost the houses they rented out, they've been flattened completely.

Yet you always have to have a few who act like complete and utter idiots.

This is why we need tougher rental regulation in this country.

Fire_Fox

dori2o wrote: »

The tenant has received a letter advising them to vacate the property and listing the fees payable immediately. One being the 4 weeks rent from July to August and one being the storage fee.

Not sure about the bond, will ask the question. How will the tenant know if the bond has been secured in a scheme?

The tenant has been living with family/friends until they could find a new rental, which they have not but not from the same landlord.

But was it a proper notice to quit? Section 8 they might theoretically be able to serve since the tenant had defaulted on the rent, S21 would be a joke. I'd be fascinated to know how he works out rent AND storage costs, you'd only pay one if you had a roof over your head!

The tenants would normally receive notification of the deposit being lodged within a few weeks, but given the timescales that certificate might have got lost. Best to contact all three schemes to find out.

Zorz_2

...and suggest to the tenant to call the police NOW about the missing passport.

dancingfairy

It might be worth a call to Shelter.
As far as I can tell the tenant owes the landlord rent (and still does) for the property but in return the landlord would need to have provided them with housing. The landlord absolutely cannot charge the tenant storage fees- that's crazy.
The best thing in this situation would be for the landlord and tenant to come to some sort of mutual surrender if the landlord can't/won't provide another property.
With regards to the landlord entering the property, they are not usually allowed without prior notice, apart from in an emergency. I would make it known to the police that you believe/know that the landlord has been inside the property and that the passport is now missing. I doubt the landlord can withold any of the deposit due the damage to the building?
I think also perhaps a free legal aid centre might be of use in this instance as well (if only to word a strong letter to the landlord about his obligations).
Best of Luck
df

dori2o

A bit more info here......

it turns out that the letters have come from a lettings agency not the landlord direct.

After the tenant was evacuated from the house and subsequently told that it was uninhabitable she went to the lettings agent and asked about temporary housing or another property.

The lettings agent said they had no temporary housing to offer, but she could sign a new 6month tenancy for a different property, but would still be responsible for the rent on the other property until its tenancy contract expired in December. She would also have to pay another bond and administration fee.

They would not entertain providing her with a temporary house that she could stay in until this one was ready.

I have asked her to name the lettings agency so that I can shame them on here, but she wont for fear of reprisals

Fire_Fox

The letting agent is not obliged to provide alternative accommodation, the landlord is. This person needs to communicate with the landlord, pay the rent as per the AST unless it is surrendered by mutual consent.

dori2o

Fire_Fox wrote: »

The letting agent is not obliged to provide alternative accommodation, the landlord is. This person needs to communicate with the landlord, pay the rent as per the AST unless it is surrendered by mutual consent.

But if the landlord hasn't provided alternative housing, as per the tenancy contract, why should she have to pay the rent (again as per the tenancy which clearly states rent not payable where house is unavailable) when she has not had access to the house since 26 June?