Want to leave my rented property but feel stuck.

IwasSTUPID

Hello. Hoping someone can help, with some advice, got myself in a bit of a pickle Partly my own fault, i got kinda dragged along in the flow of things because i was desperate.

Our previous flat was being over run with mould, no matter what i did i just wasnt winning.. part of the ceiling finally fell in in my daughters bedroom, so that was the last straw the landlord wasnt doing anything as he knew i wanted to move out, we had been looking for a while. he said he would fix it once we had left..

I found a property that i liked it also allowed animals which is rare. we had just rescued a dog. we went to look at it everything seemed great. the only thing that really concerned me was the bumps on the wall in one of the bedrooms, the new landlord said it had just been plastered and the bumps would go down.. anyways we paid a holding deposit of 150 to be taken off the deposit the day we moved in. tenancy started at 11am 01.02.2013.. my stuff was all packed up and in a van outside.

So i signed the tenancy agreement, handed him 1740.. 630 for months rent upfront. 630 rent deposit. 630 damage bond.

then he gave me a list almost 3 pages of A4 size of the stuff in the flat, from lampshades he left behind, too stencil writings on the walls, glass in doors which he had down as all perfect 225 per door if damaged, carpets. 2 lamp shades are already broken, carpets that i have to pay for from 300/800. they have big stains, they were covered by rugs. i cant decorate anywhere if i paint over the stencils i have to pay from 250 upto 595.. even the towel rail which you cant put a towel on because if falls off the wall i have to pay 10 for. the flooring in hallway and kitchen its down as real oak flooring,im no expert but i wouldnt say it was real.. its chipped there is gaps of inches/cms in some places again covered by rugs at the time of viewing, some boards go up and down when you walk on them, its not sealed around the edges, and its on the move, i got to pay 1250 if its not in the same condition as when he left it. windows dont open there painted shut, blinds dont work as in go up and down.. I also had to buy the freezer he left, I had told him on the viewing i didnt need it left behind, but apparently i bought it for a penny. its now in the shed.. oh in my daughters bedroom she has a builtin wardrobe dressing table, apparently it cost over 10.000 when it was first built in 5 years ago, the draws fall apart when you open it, we have to pay 5.000 if its damaged..

about a week after we moved in i spoke to him about the glass in one door was already broken, that the blinds and windows didnt work, and about the wardrobe, he wrote me a letter amending the list.except for the wardrobe he didnt agree that the draws fall apart. I also asked him if i could wallpaper the wall that had bumps on, he said if i put it back to its original state or i would have to pay 150 so i havent bothered and the bumps are still there..
3 weeks after we moved in i emailed him again and asked for the insurance details of where the deposit went, he said he had already given them too me but would send me a copy, i hadnt received anything then or now. i just emailed him again today asking for them..


The tenancy agreement is 18 pages long, nothing really of what he has to do as a landlord mainly what i have to pay if say im late paying the rent or he has to write to me.. I should of read it before i signed anything i know but my stuff was outside and i just thought everything would be ok.. in the agreement it says i get the deposit or damage bond back after 3 months of me leaving.

After not even 2 months i want to leave, I have realised i dont want to live in a place i cant make a home, or live on tender hooks.

but now im scared that he hasnt put the money with an insurance company,
can he really keep the damage bond for 3 months after i leave?
I have no other money to move.. im stuck! and is the money in the damage bond going down everytime he writes/replies to my emails? I dont want to push him to much with things because i dont want him to end my tenancy before i have the chance to sort myself out. I just need to know where i stand on it all.. so if anyone " if anyone can understand my ramblings" has any advice. or what would you do?

thanks in advance for any help anyone can offer..

Fire_Fox

You can't just get out of the contract because you have changed your mind. It's normal not to be able to make a rented property your home in terms of decorating etc.

Did you sign the inventory? Are there any photographs or a video? If not write to your landlord noting your corrections, send the letter recorded delivery (keep the receipt) or two copies from different Post Offices (keep the proof of posting). Also in the same letter formally request details of where your damage deposit is lodged (template letter on Shelter somewhere).

Ignore the prices on the inventory providing you have not signed it, landlord cannot charge you for any damage that is wear and tear, they also cannot charge you new for old. The deposit protection scheme won't wear that nor will any court, and the onus is on the landlord to prove you did the damage not for you to prove you did not. They cannot end your tenancy within the fixed term, cannot hold onto your deposit for three months unless you are in the formal dispute/ arbitration process with the protection scheme.

Yes you should always read what you signed, but there are still such things as unfair terms (see OFT guidance) and an expectation from courts that contracts should be intelligible, 18 pages is ridiculous. If the deposit is lodged with one of the three schemes AFAIK he can't charge you admin from the deposit.

[Deleted User]

Go to Citizen's advice, taking the tenancy agreement. Ask them if its a legal tenancy agreement and what u can do about it if it isn't.

I have only heard of tenants paying 1 month's rent up front, and 1 month to 6 weeks deposit. The deposit is used if damage occurs in the property.., its not normal to pay a damage bond AND a deposit.

Take photo's of all items in the 18 page list.., with a dated newspaper in view. U will need to use this to show the items on the list are massively over valued.

I know the address to check where your deposit is lodged, if its been lodged - is on the forum.., try searching in the forum for 'deposit'.., I'm sure the address will come up.

You could also try ringing Shelter for advice. Problem is u've already signed the agreement, and handed over money he's asked for. So u are limited right now in what you can do. I had a dodgy landlord with dodgy rental agreement, I managed to get him to sign a standard WHSmith one I purchased without the dodgy clauses in it. But that couldn't happen until the first one was finished.

I'd be extremely concerned about his comments re 'Bumpy walls' just going away lol. And preserving them because u'll get charged if they're changed lol. Quite ridiculous.

G_M

How can you end a tenancy? Read:

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

Deposit? Have you checked each of the 3 schemes yourself? Takes 5 minutes. See:

Deposits (Rules on deposit protection)

Since you have paid a deposit = to 2 months rent (no difference between rent deposit & damage bond - both should be protected in scheme) you may be able to claim it is a 'premium' (that is why most landlords take a max of 1.5 month deposit). However it would be more clear-cut if it was MORE than 2 months.

If this is the case it gives you the right to assign the lease ('sell' it to another tenant without the need for the landlord's permission).

Trying to do this, however, I fear would involve you in a complicated, and uncertain, legal dispute.


Inventory? Have you signed it? Was it accurate? Any values on it are irrelevant (or at best an indication of original value).

IwasSTUPID

I dont JUST want to move because i cant recorate. although i have always in other propertys and its been fine long as i leave it decent/neutral.

The first tenancy ends in April. to be renewed for longer period of time, thats what was verbally agreed. but you know when you get gut feeling when something is wrong, i feel that they have just used me to get a quick few pounds and i will be homeless at end of April.

Thank you Firefox and deanatrios for your help, you have eased my mind some and will be taking your advice starting with looking for deposits on the forum, thanks..

RE bumpy walls. my son poked one it was about 2 inches big knocking all the plaster off telling me those bumps aint going nowhere mum. after having a mini breakdown with him poking it im not sure, if i should make it flat or bumpy when repairing..

another thing which has been playing on my mind is, i know the landlord as one name. mail still comes here for that name, but the tenancy agreement he signed in another name the siggy is semi different in all the places we signed. is that something i should be worrying about?
His mother came to collect mail she said the place is actually hers but the name signed isnt her name either..

IwasSTUPID

WOW thank you also G_M didnt see your post when i was replying..

no i hadnt checked the deposit thing, never knew i could until i came here.
no inventory was not accurate. most of the things that he had stated were perfect were not. most stuff is broken in some way i have taken photos tho. I guess you could say i signed the inventory because he said just one more thing to sign, I KNOW STUPID hense my name here.. i signed last page where he pointed then saw it was list of the stuff.

IwasSTUPID

Ive just checked in the 3 place you can check and looks like its NOT protected.. CAB here i come..

dimbo61

You can also pay £3 to find out who owns the property and if there is a mortgage on the property from the Land registry.
I would contact the local council and ask for help and advice EHO officer.
I would start with taking photos of everything which is broken or damaged and photos of the state of the walls.
Check and see if the deposit is registered and HOW MUCH he has registered.
Good Luck

Fire_Fox

IwasSTUPID wrote: »

I dont JUST want to move because i cant recorate. although i have always in other propertys and its been fine long as i leave it decent/neutral.

The first tenancy ends in April. to be renewed for longer period of time, thats what was verbally agreed. but you know when you get gut feeling when something is wrong, i feel that they have just used me to get a quick few pounds and i will be homeless at end of April.

Thank you Firefox and deanatrios for your help, you have eased my mind some and will be taking your advice starting with looking for deposits on the forum, thanks..

RE bumpy walls. my son poked one it was about 2 inches big knocking all the plaster off telling me those bumps aint going nowhere mum. after having a mini breakdown with him poking it im not sure, if i should make it flat or bumpy when repairing..

another thing which has been playing on my mind is, i know the landlord as one name. mail still comes here for that name, but the tenancy agreement he signed in another name the siggy is semi different in all the places we signed. is that something i should be worrying about?
His mother came to collect mail she said the place is actually hers but the name signed isnt her name either..

That is VERY interesting, does it say 'assured shorthold tenancy' on the first page or some other description? Sounds like your entire tenancy agreement might be invalid, but do let G_M or Artfullodger one of our other professional landlords confirm. I would suggest you spend £3 downloading the title for the house from the land registry website to see who the legal owner is.

An assured shorthold tenancy agreement is minimum six months, the landlord cannot just give you February to April. Whose name and address is printed (not signed) on your tenancy agreement? Your landlord is normally the registered owner of the property, a son could act as a representative or agent but you are legally entitled to the name of your landlord AND the address at which to serve notices on them.

Without their address your rent is not legally due. Without your deposit being properly lodged within the correct timescale AND the prescribed information supplied the landlord cannot serve notice or evict you. They would have to return the deposit in full before serving notice to quit ... which would not be actioned until the end of six months anyway.
http://www.landlordzone.co.uk/landlord's_address.htm
http://www.landlordzone.co.uk/section-21-notices.htm
http://www.landlordzone.co.uk/pdf/servingS21.pdf

Landlord or relative or other representative cannot just turn up at your house whenever they feel like it, in some instances that can be deemed harassment. They certainly cannot just show up demanding you leave in April, they would have to serve notice and go to court to get an order.

If they are collecting mail I'd bet they don't have consent to lease from the lender and/ or are not paying income tax. If you have any hassle with this keep coming back here and the professional landlords will support and advise you. Bunch of amateurs, it might be a lot of research and work but you can beat them.

IwasSTUPID wrote: »

Ive just checked in the 3 place you can check and looks like its NOT protected.. CAB here i come..

Very good idea: take with you all the paperwork, point out the dates, any information you have from land registry and from deposit protection. Might be worth speaking to the council's tenancy officer about the legality of the situation and your worries about being homeless.

G_M

Hey FF - I'm surprised at you. You're usually spot on!

Fire_Fox wrote: »

That is VERY interesting, does it say 'assured shorthold tenancy' on the first page or some other description? Sounds like your entire tenancy agreement might be invalid,

Whether it is an AST or not is not dependant on what is written at the top, or indeed elsewhere - it is what it comprises. It could be called a @Lodger agreement' at the top, but if the occupant had exclusive possession, it would still be an AST.

I would suggest you spend £3 downloading the title for the house from the land registry website to see who the legal owner is. L Reg here.

An assured shorthold tenancy agreement is minimum six months,
An AST can be of any length the LL and tenant agree.

the landlord cannot just give you February to April.
Yes he can. however if the tenant does not leave in April, the LL must wait till 6 months has passed before going to court for possession.#

Whose name and address is printed (not signed) on your tenancy agreement? Your landlord is normally the registered owner of the property, a son could act as a representative or agent but you are legally entitled to the name of your landlord AND the address at which to serve notices on them.

Without AN address your rent is not legally due. Without your deposit being properly lodged within the correct timescale AND the prescribed information supplied the landlord cannot serve notice or evict you.They would have to return the deposit in full before serving notice to quit ... which would not be actioned until the end of six months anyway. Agree
http://www.landlordzone.co.uk/landlord's_address.htm
http://www.landlordzone.co.uk/section-21-notices.htm
http://www.landlordzone.co.uk/pdf/servingS21.pdf

Landlord or relative or other representative cannot just turn up at your house whenever they feel like it, in some instances that can be deemed harassment. See Protection from Eviction Act 1977They certainly cannot just show up demanding you leave in April, they would have to serve notice and go to court to get an order.correct

.

Oh - and you do not need to be the LL's postman. "Post? What post?"
Or let them in. "Sorry. Very inconvenient right now. Can you write and make an appointment please?" (Click - door shut)

Maybe I missed this: what dates are on the tenancy agreement you signed? Start Date? End Date (or period eg 2 months etc)?

Re damage etc: WRITE (letter, not text/email) listing all defects and repairs needed to the address on the tenancy agreement "for the serving of notices". As FF said: no such address = rent need not be paid.

Fire_Fox

G_M wrote: »

Hey FF - I'm surprised at you. You're usually spot on!

I'm rusty!! :rotfl: And more than happy to be corrected by you or one of the other more knowledgeable pros!