Rent going up

Minnie999

An update. I received a rather terse letter from the Manager recently, stating that the walls in the stairwell had marks on them, caused by an item that was being carried up the stairs and that only I and (according to the Manager) one other tenant have. As the other tenant has been away (according to the Manager), the culprit must be me, therefore I am now in breach of my tenancy as it states that I should not do anything that causes a nuisance to the Landlord or other tenants. Letter goes on to say that should I continue, notice to reposses can be given. Of course I have not marked the walls in any way. The marks could in my view be washed off or painted over quite easily.

I have two questions, would appreciate any advice that can be given:

1. Where do I stand legally - is it the case that I am in breach of the tenancy (even though I have done nothing wrong, the Manager seems to think so) and can the flat be repossessed in such a case.

2. I have removed the item from my flat and it is now in storage, so there is no way that the above can 'continue to happen' (though I wasn't responsible in the first place). But other than this, is there anything else I should do ? I am reluctant to reply or speak to the Manager, as I am unlikely to receive a sympathetic response, and the Manager may simply throw away any written reply.

Many thanks in advance, for any advice submitted.

G_M

Minnie999 wrote: »

I have two questions, would appreciate any advice that can be given:

1. Where do I stand legally - is it the case that I am in breach of the tenancy (even though I have done nothing wrong, the Manager seems to think so) and can the flat be repossessed in such a case.
* No you are not in breach.
* Assuming the LL/agent can prove you damaged the stairwell, you could be charged for the repair, or have the cost deducted from your deposit when you leave.
* As you have a SPT (monthly tenancy), the LL/agent can serve notice (a S21) at any time giving you 2months (at least) notice. The damage to the stairwell is irrelevant to this.

2. I have removed the item from my flat and it is now in storage, so there is no way that the above can 'continue to happen'
Indeed!

Many thanks in advance, for any advice submitted.

My advice is to write a short, one sentence reply, denying you did he damage.
Give no explanation.
Give no justification.

Just get it on file and keep a copy.

BitterAndTwisted

If you didn't sign that new fixed-term tenancy agreement they offered you back in the summer, you can be given notice for any reason or no reason at all. Being served with a Section 21 Notice and the significance and time-scales of legal eviction have already been explained to you, have they not?

Making marks on walls does not constitute "causing a nuisance", it's damage, so cannot put you in the position of breaching your tenancy agreement but could make you vulnerable to having a claim made on your deposit to rectify it. If you know that you didn't cause any damage then you are at liberty to respond and deny it but I fear you would just be inviting a tit-for-tat never-ending correspondence about it.