questions/help re end of tenancy

blueskadoo

Hi, just posting this and wanting to get a little bit of feedback/advice please. I know on the face of it i've been a bit silly, however at the time of moving in I was desperate having recently separated from my abusive ex.
I moved into my property at the beginning of February for a 6 month rental period. I found the property on Gumtree (like I said, desperate times!), and so am unsure if the property is registered with the local council or not (I haven't seen any certificates for the property, gas safety etc). Because my landlord lives in America (though it has since transpired her mother lives in London), she advised me to send over a photograph of my signed tenancy agreement (which seemed to be one that she had found off the internet but charged me £100 for), to have the signed contract posted back over to myself. After a month of pestering she eventually emailed back over a picture of the contract signed by herself, and after further emails she sent over a picture of the deposit scheme information with no instruction for me to sign it, and so I haven't. No inventory was done when i moved in and no checks on the property were completed. I emailed through a list of complaints about the property (the fact that it was filthy, and that the boiler didn't-and still doesn't work were on the list), to keep her updated, and as a gesture of goodwill I have offered to paint the property before I leave if she pays for materials.

The landlady has become increasingly difficult over the past few months, demanding rent of different days of the month, doing monthly checks on the property to check it is all in order (i know this is well within her rights, however i am beginning to feel a little harrassed), so I just want to know unofficially when i move out at the end of September what the best chances are legally for me getting my full deposit back and how i should go about this as i get the feeling its going to be a struggle, and at two months rent I can't afford to lose it!

Sorry this was a bit of a long ramble- all advice will be welcome!!!

Yorkie1

1. Are you sure that your deposit is protected? There is no need for you to sign any documentation, but double check it's lodged with the scheme whose details you were sent. If it's not there, look at the other schemes:
https://www.gov.uk/tenancy-deposit-protection

2. You say your tenancy started in Feb, lasts for 6 months, and that it ends in Sept. Could you clarify:
a) the precise start date,
b) who gave notice to whom (did you or the LL give notice)
c) was the date of service of the notice, and
d) was is the date for the expiry of the notice period?

This will help us to double check the rent position.

3. Deposit return. You are obliged to return the place in the same condition as you received it in, less fair wear and tear. This does not mean that you have to paint the walls, unless they have become soiled or dirty during your tenancy.

That being said, you indicate that there is no inventory of the condition of the property at the start of the tenancy. This is definitely in your favour, particularly as it clearly wasn't in brand-new condition at the start. In order for the LL to deduct money from your deposit, she has to be able to prove the damage etc was caused during the tenancy. In the absence of a dual-signed inventory she will very much struggle to do that.

4. Inspections. Monthly inspections are OTT and are verging on harassment / abuse of your right to quiet enjoyment. You are within your rights to refuse all future inspections and, if you think your instructions will be disobeyed, then change the barrel of the lock (make sure you change it back at the end of the tenancy).

5. Boiler, gas safe etc. These issues are completely separate from your deposit / tenancy status. There is nothing to stop you reporting the LL to environmental health if the property is in disrepair (non-working boiler sounds a possibility), and if you are sure there's no gas safety certificate then you can report the LL to the HSE.

G_M

blueskadoo wrote: »

I moved into my property at the beginning of February for a 6 month rental period.
Please give exact start/end dates
I found the property on Gumtree (like I said, desperate times!),
irrelevant
and so am unsure if the property is registered with the local council or not
Are you in Scotland? This is CRITICAL as the law is different. Only in Scotland do properties need to be registered.
(I haven't seen any certificates for the property, gas safety etc).
Have you written (letter!) to the LL, at the address provided "for the serving of notices" asking for gas certificate?
If not, why not?
If no address provided, NO NEED TO PAY RENT. (Landlord and Tenant Act 1987 )
Because my landlord lives in America (though it has since transpired her mother lives in London), she advised me to send over a photograph of my signed tenancy agreement (which seemed to be one that she had found off the internet but charged me £100 for), to have the signed contract posted back over to myself. After a month of pestering she eventually emailed back over a picture of the contract signed by herself, and after further emails she sent over a picture of the deposit scheme information with no instruction for me to sign it, and so I haven't.
Have you received the 'prescribed information' for the deposit?
Have you checked with all 5 schemes yourself to see if it is registered? (see here)
No inventory was done when i moved in and no checks on the property were completed.
LL's problem, not yours.
I emailed through a list of complaints about the property (the fact that it was filthy, and that the boiler didn't-and still doesn't work were on the list),
Did you WRITE (see address above)? If not, do it NOW
to keep her updated, and as a gesture of goodwill I have offered to paint the property before I leave if she pays for materials.
???? Why?

The landlady has become increasingly difficult over the past few months, demanding rent of different days of the month,
What does the tenancy agreement say? Ignore everything else.

doing monthly checks on the property to check it is all in order (i know this is well within her rights,
??? Rubbish! -WRITE (see address above, saying you will agree to 6 monthly inspections arranged/agreed in advance. Then change the lock.
however i am beginning to feel a little harrassed),
harrasment is a criminaloffence( Protection from Eviction Act 1977)
so I just want to know unofficially when i move out at the end of September what the best chances are legally for me getting my full deposit back and how i should go about this as i get the feeling its going to be a struggle, and at two months rent I can't afford to lose it!

Sorry this was a bit of a long ramble- all advice will be welcome!!!

You write asking for your deposit back in full withing 5 days.
If you don't get it you either
a) register acomplaint with the scheme (if registered)
b) apply to court for full deposit PLUS 3 times the deposit as penalty (if not registeed).

The above all applies in Eng/Wales. not Scotland.

blueskadoo

1. Are you sure that your deposit is protected? There is no need for you to sign any documentation, but double check it's lodged with the scheme whose details you were sent. If it's not there, look at the other schemes:

Yes- have checked this (there's a seperate issue with her taking off some money for the £100 fee that i already paid, but she's "looking into it" apparently...
2. You say your tenancy started in Feb, lasts for 6 months, and that it ends in Sept. Could you clarify:
a) the precise start date,
contract period is 01/02/13- 28/09/13
b) who gave notice to whom (did you or the LL give notice)

I gave notice to leave as she intends to raise the rent by £100 a month
c) was the date of service of the notice, and
d) was is the date for the expiry of the notice period?

I'm not sure what you mean by this but I gave my notice last month

This will help us to double check the rent position.

3. Deposit return. You are obliged to return the place in the same condition as you received it in, less fair wear and tear. This does not mean that you have to paint the walls, unless they have become soiled or dirty during your tenancy.

That being said, you indicate that there is no inventory of the condition of the property at the start of the tenancy. This is definitely in your favour, particularly as it clearly wasn't in brand-new condition at the start. In order for the LL to deduct money from your deposit, she has to be able to prove the damage etc was caused during the tenancy. In the absence of a dual-signed inventory she will very much struggle to do that.

4. Inspections. Monthly inspections are OTT and are verging on harassment / abuse of your right to quiet enjoyment. You are within your rights to refuse all future inspections and, if you think your instructions will be disobeyed, then change the barrel of the lock (make sure you change it back at the end of the tenancy).

5. Boiler, gas safe etc. These issues are completely separate from your deposit / tenancy status. There is nothing to stop you reporting the LL to environmental health if the property is in disrepair (non-working boiler sounds a possibility), and if you are sure there's no gas safety certificate then you can report the LL to the HSE.

Thanks for the rest of the advice, I've already warned her that I am beginning to feel harrassed by her constant emails and visits, especially the ones conducted when I am not in (she does give 24hrs notice but its ususally when I'm at work. I'll bear all this is mind if she continues! Thank you for your help!

blueskadoo

G_M wrote: »

You write asking for your deposit back in full withing 5 days.
If you don't get it you either
a) register acomplaint with the scheme (if registered)
b) apply to court for full deposit PLUS 3 times the deposit as penalty (if not registeed).

The above all applies in Eng/Wales. not Scotland.

Thank you- The flat is in England, and I will write to her on the address on my contract. I've checked and the deposit is registered with MyDeposits- I think I am just nervous as its nearly £1000 that I can't afford to lose! I've done nothing wrong, paid all my rent on time and the flat will be in a far better state when I leave than when I moved in (I offered to paint as I did intend to stay until she said the rent was going up by £100 pcm), so it should all be fine but I just wanted to check.

G_M

blueskadoo wrote: »

1. Are you sure that your deposit is protected? There is no need for you to sign any documentation, but double check it's lodged with the scheme whose details you were sent. If it's not there, look at the other schemes:

Yes- have checked this (there's a seperate issue with her taking off some money for the £100 fee that i already paid, but she's "looking into it" apparently...
2. You say your tenancy started in Feb, lasts for 6 months, and that it ends in Sept. Could you clarify:
a) the precise start date,
contract period is 01/02/13- 28/09/13
b) who gave notice to whom (did you or the LL give notice)

I gave notice to leave as she intends to raise the rent by £100 a month
YOU DO NOT NEED TO GIVE NOTICE. (SEE BELOW)
c) was the date of service of the notice, and
d) was is the date for the expiry of the notice period?

I'm not sure what you mean by this but I gave my notice last month

This will help us to double check the rent position.

3. Deposit return. You are obliged to return the place in the same condition as you received it in, less fair wear and tear. This does not mean that you have to paint the walls, unless they have become soiled or dirty during your tenancy.

That being said, you indicate that there is no inventory of the condition of the property at the start of the tenancy. This is definitely in your favour, particularly as it clearly wasn't in brand-new condition at the start. In order for the LL to deduct money from your deposit, she has to be able to prove the damage etc was caused during the tenancy. In the absence of a dual-signed inventory she will very much struggle to do that.

4. Inspections. Monthly inspections are OTT and are verging on harassment / abuse of your right to quiet enjoyment. You are within your rights to refuse all future inspections and, if you think your instructions will be disobeyed, then change the barrel of the lock (make sure you change it back at the end of the tenancy).

5. Boiler, gas safe etc. These issues are completely separate from your deposit / tenancy status. There is nothing to stop you reporting the LL to environmental health if the property is in disrepair (non-working boiler sounds a possibility), and if you are sure there's no gas safety certificate then you can report the LL to the HSE.

Thanks for the rest of the advice, I've already warned her that I am beginning to feel harrassed by her constant emails and visits, especially the ones conducted when I am not in (she does give 24hrs notice but its ususally when I'm at work. I'll bear all this is mind if she continues! Thank you for your help!

Just start ignoring her emails.

Change the lock, then she can't come in to YOUR HOME without your consent. Easy!

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?)

Emmylou_2

Really silly point but 1 February to 28 September is (nearly) 8 months, not 6.

G_M

Emmylou wrote: »

Really silly point but 1 February to 28 September is (nearly) 8 months, not 6.

Good point.

OP has been vague and not given start/end dates of the fixed term.

It may be it was an 8 month tenancy (and no notice is required) or it may have been 6 months, which is now Periodic, in which case the correct notice would need to be given, as per my previously linked post:


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?)

blueskadoo

the 01/02/13-28/09/13 are the dates given on my contract as the start and end dates