Want to leave my rented property but feel stuck.

G_M

IwasSTUPID wrote: »

.... so i will stay seek legal advice and look for some where else to go, and leave soon as i find a place. ..

In that case, do NOT sign any new agreement. If you sign a 6 month, or 12, contract, you cannot leave for 6 (12) months.

If the LL is insistant, or says you must decide between leaving or signing, stall. Take the agreement and say you'll look through it and let him know. Say your partner, dad, brother, lawyer, whoever, has asked to see it. Just do not sign.

You will then be free after April to leave at any time by giving a months notice (though it must align with the tenancy periods so the month must end on 1st of a month.)

IwasSTUPID

How long can i make him wait then? how long will it take to get my money back.. I havent got anyone else its just me and my kids, youngest being 18 she still lives with me.. I doubt i will find anywhere that fast anyway.. tho i do have a landlord ive met since moving here, who i will be calling tomorrow, to see if he has anything coming up.. he is also a fully qualified electrician, he came to check the electric here the cooker kept kicking all the electric off when i turned it on. i showed him the flooring in the hall which goes up n down, he told me i needed to get out as it was structurally unsafe..

Fire_Fox

IwasSTUPID wrote: »

How long can i make him wait then? how long will it take to get my money back.. I havent got anyone else its just me and my kids, youngest being 18 she still lives with me.. I doubt i will find anywhere that fast anyway.. tho i do have a landlord ive met since moving here, who i will be calling tomorrow, to see if he has anything coming up.. he is also a fully qualified electrician, he came to check the electric here the cooker kept kicking all the electric off when i turned it on. i showed him the flooring in the hall which goes up n down, he told me i needed to get out as it was structurally unsafe..

If anything in the house is not safe formally report to the landlord (in writing) and call in Environmental Health from the local council.

Nobody can tell you what your landlord will do, if you use the template letter and then letter before action OR CAB writes something for you it will be clear you know your rights and your landlord may quickly lodge your deposit or refund in full. Going to court is slower but you will win and it is possible to be awarded up to three times your deposit back, certainly you would claim for that. Most likely the landlord will quickly lodge your deposit or refund you when he realises you are serious.

dimbo61

I keep thinking the LL is an idiot who has no idea how to run a business.
Have you been given a gas safety certificate if the property has gas ?
Do the electrics look safe?
Strikes me he is looking to make money out of you with the AST and inventory listing all the expensive items in the property ( which are falling apart)
Now you can stay for months because he is an idiot BUT you may well get harassed by his family if you do not leave when they want you to.
Get advice and good luck

IwasSTUPID

just keeping you in the loop as you have all been so helpful..not had a good day today..
CAB was closed, so will be going again tomorrow.
The land registry website was having trouble today, so will try that tomorrow too. THO.. i did get an email back from TDS customer service who also confirmed my money isnt protected anywhere.
Id like to have all facts before i start action..

I sent an email sunday to my landlord asking where my money had been put.. he has totally ignored that. he emailed me tonight asking if id like the matching bedside tables.. I think he is just trying to keep me sweet..


@firefox.. the people that come out from our local council are useless. ive had dealings with them before.

@Dimbo61.. I have seen the electric cert that was done. apparently everything was ok.. on inspection. but the cooker still tripped the switch and cut all the electric off.. took 6 weeks to get them to get a another cooker.
as for the gas.. no i never saw a cert for that. but then just last week a guy knocked on the door, saying the landlords mother had told him to disconnect gas fire, apparently i knew about this.. but i did not..
I told him he could come in and disconnect if he wanted too, he said no and that he would get back to the mother first. I asked if it was dangerous he said no, but he had put an advisory on it. apparently she wanted the gas one disconnected and an electric one put in.. lord knows how long that will take.. so im guessing as there was an advisory thats why i didnt see the gas cert or whatever it is you get..

G_M

Stop emailing and start writing letters (keep copies). Ask for the gas safety certificate - in a letter. Report the electrics - in a letter. ask about the deposit - in a letter.

Gas see here:
http://www.hse.gov.uk/gas/domestic/faqtenant.htm

IwasSTUPID

I will start doing it all by letter now, recorded delivery! so they have to sign for it, i didnt answer his last email.. i just didnt think i would end up in this situation with him..

Fire_Fox

IwasSTUPID wrote: »

I sent an email sunday to my landlord asking where my money had been put.. he has totally ignored that. he emailed me tonight asking if id like the matching bedside tables.. I think he is just trying to keep me sweet..

@firefox.. the people that come out from our local council are useless. ive had dealings with them before.

@Dimbo61.. I have seen the electric cert that was done. apparently everything was ok.. on inspection. but the cooker still tripped the switch and cut all the electric off.. took 6 weeks to get them to get a another cooker.
as for the gas.. no i never saw a cert for that. but then just last week a guy knocked on the door, saying the landlords mother had told him to disconnect gas fire, apparently i knew about this.. but i did not..
I told him he could come in and disconnect if he wanted too, he said no and that he would get back to the mother first. I asked if it was dangerous he said no, but he had put an advisory on it. apparently she wanted the gas one disconnected and an electric one put in.. lord knows how long that will take.. so im guessing as there was an advisory thats why i didnt see the gas cert or whatever it is you get..

Councils sometimes need a rocket up them but use Environmental Health, keep on and on at them and get your ward councillors to hassle them if they take no action. This is part of what you pay council tax for, many times tenants quit after the first report or two so EH think it's sorted (and don't bother to find out). Even one letter from them is more scary than one letter from you, it shows you are getting the authorities involved.

You should have a copy of the landlords gas safety certificate ask for that too. Either recorded delivery (check it has been signed for, screenshot or printout) OR if he does not sign or you think he won't send two copies from different Post Offices and get a proof of posting, this is acceptable evidence to a court/ deposit protection scheme.

HB58

IwasSTUPID wrote: »

I will start doing it all by letter now, recorded delivery! so they have to sign for it, i didnt answer his last email.. i just didnt think i would end up in this situation with him..

See Fire Fox's comment about recorded delivery. Your landlord can refuse to accept delivery and then he hasn't had the letter. If you send 2 first class letters from different Post Offices (and keep the proof of posting for both) the law will deem at least one to have been delivered.

newsgroup_monkey

HB58 wrote: »

See Fire Fox's comment about recorded delivery. Your landlord can refuse to accept delivery and then he hasn't had the letter. If you send 2 first class letters from different Post Offices (and keep the proof of posting for both) the law will deem at least one to have been delivered.

I'm not being obtuse or trying to provoke argument, however, I can't find anywhere where the law states this about the 2 different post offices.

It's oft quoted in this forum and now appears to be used verbatim as "The law states..." when actually I can't find it anywhere quoted or used.

Thing is for me, if your postie is not actually delivering your mail, then chances are, he won't deliver it whether you send it from your local post office or Timbuktu.

EDIT: In fact case law seems to say exactly the opposite about Recorded delivery.

http://www.practicalconveyancing.co.uk/content/view/7770/0/

I quote...