Am i being rational or am i just paranoid ?

dazzer1467

Ok,hopefully this wont take long to explain:

I am currently in a 2 bed flat with my partner and 2 year old son,We are in private rented accomodation (direct with LL so no LA) and on HB,we didnt pay a deposit to our current landlord and instead paid a months rent in advance,we are now wanting to move and have found somewhere we like however this is where my worries/concerns start,the new place we are wanting to move to is through a LA,I have been totally upfront with the LA and told them i am on HB, i know that as standard LA's take the deposit and rent in advance but this LA isnt taking the first months rent and says it is because we are on HB,she is also allowing us to pay the deposit over 4 months,When i viewed the property the LA said the LL had reduced the rent because they want it filled,LA said it had been empty 3 months and LL was aware of the damp in the living room and bathroom and would get it treated before we moved in (if we were to take it),Spoke to partner and we decided we did want it,LA said that all we need to pay to move in is £150 (2 x £75 referencing fees) but i have no written proof of this as it was verbally agreed,current LL was being a pain with a reference (posted on the forum for advice), LA has said she explained to LL about us and LL is willing to accept us based purely on the verbal information i have given LA,we have a date to sign tenancy and a move in date (but havent paid the £150 yet),

now i have explained the situation i will list my concerns below:

1. Should i be concerned about the damp ?
2. Should i be worried that i dont have any written proof of agreement to pay deposit over 4 months?
3. Should i be concerned that LL has offered us the property (so we have been told) without any reference,deposit or rent in advance ?
4. Should i be concerned that the rent was lowered by about 25% because the property had been empty for 3 months ?
5. Should i be worried about the damp problem
6. Do i still need to pay rent on my current accommodation once i give notice because i am already a month ahead on payments ?,There is no deposit and TA explicitly shows that
7. What happens if current LL claims i have damaged property once i have moved out ?
8. I having to constantly ring LA to ask questions as my emails get ignored, should i be worried about this ?

Thanks in advance for any help

G_M

dazzer1467 wrote: »

now i have explained the situation i will list my concerns below:

1. Should i be concerned about the damp ? Yes
2. Should i be worried that i dont have any written proof of agreement to pay deposit over 4 months? No. but
3. i) read what the tenancy agreement says about deposit
4. ii) get receipts when you pay each installment
5. iii) make sure each installment is registered in a deposit scheme within 30 days
6. Should i be concerned that LL has offered us the property (so we have been told) without any reference,deposit or rent in advance ?
7. be happy!
8. Should i be concerned that the rent was lowered by about 25% because the property had been empty for 3 months ?
9. Do the maths! if LL receives 75% of his original rent he is far better off than if the property is empty!
10. Should i be worried about the damp problem Yes (again)
11. Do i still need to pay rent on my current accommodation once i give notice because i am already a month ahead on payments ?,There is no deposit and TA explicitly shows that Your rent must cover the period till the tenancy ends. You must give the correct Notice(see below). If you are paying amonth in advance, then your final payment will be amonth before tenancy ends eg
12. * you pay rent on 1st each month
13. * tenancy ends on 31 August
14. * so your final rent payment is 1st August
15. What happens if current LL claims i have damaged property once i have moved out ? Either you agree, and pay him OR you disagree and refuse to pay. He may then sue you via the courts.
16. I having to constantly ring LA to ask questions as my emails get ignored, should i be worried about this ? Sounds like a typical cr*p LA!

Thanks in advance for any help

sorry about the messed up numbering!

Get something in writing to say
* WHEN the damp will be fixed (no good if it takes 9 months!)
* HOW the damp will be fixed (no good if they just paint over it!)

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?)

martinsurrey

G_M wrote: »

sorry about the messed up numbering!

Get something in writing to say
* WHEN the damp will be fixed (no good if it takes 9 months!)
* HOW the damp will be fixed (no good if they just paint over it!)

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?)

no deposit in this case GM,

the LL would have to take you to court (small claims court) to get any damages money from you.

BitterAndTwisted

dazzer1467 wrote: »

Ok,hopefully this wont take long to explain

Should i be concerned about the damp ? YES, YOU SHOULD. VERY!


Should i be worried that i dont have any written proof of agreement to pay deposit over 4 months?

I wouldn't be happy with nothing confirmed in writing. You might think otherwise

Should i be concerned that LL has offered us the property (so we have been told) without any reference,deposit or rent in advance ?

The landlord sounds desperate to me. This is definitely not a good sign.


Should i be concerned that the rent was lowered by about 25% because the property had been empty for 3 months ?

No. This is a sensible commercial decision.


Should I be worried about the damp problem?

YES! The landlord has had three months as an absolute minimum to resolve this and he's just sat on his hands. I would have no confidence whatsoever that anything would be done about it once you are in


Do i still need to pay rent on my current accommodation once i give notice because i am already a month ahead on payments? There is no deposit and TA explicitly shows that.

Depends on the specific date you are planning to move out. I don't know what your rent-payment date is


What happens if current LL claims I have damaged property once I have moved out ?

If they have categorical proof, like a dual-signed check-in inventory their only recourse would be court


I having to constantly ring LA to ask questions as my emails get ignored, should i be worried about this ?

They are either flakes or negligent. If they had their client's interests in the front of their minds they would be busting a gut to get a tenant in there asap.

I really, REALLY don't like the sound of any of this.

dazzer1467

G_M wrote: »

Get something in writing to say
* WHEN the damp will be fixed (no good if it takes 9 months!)
* HOW the damp will be fixed (no good if they just paint over it!)

1.The damp is being fixed on Saturday (13th July) apparently,how long does damp treatment take ?
2. LA stated that after the damp has been treated the LL is happy for us to paint the front room so i would assume (but will check) that they will treat it properly

If they did paint over it and it came back 4/5/6/7 months down the line where would i stand (not literally lol) ?

BitterAndTwisted

dazzer1467 wrote: »

1.The damp is being fixed on Saturday (13th July) apparently,how long does damp treatment take? That depends entirely on what the cause of the damp is! Leaking downpipe or guttering is easy to remedy once you've identified it. Rising or penetrating damp not so easy. Could be costly. Landlord sounds skint. Not a good omen.

2. LA stated that after the damp has been treated the LL is happy for us to paint the front room so i would assume (but will check) that they will treat it properly.

Well, you'll only be certain if it doesn't reoccur.

If they did paint over it and it came back 4/5/6/7 months down the line where would i stand (not literally lol) ?

An awful lot of bad landlords just paint over damp and mould and then act like it's never been a problem before so must have been caused by the tenant's lifestyle.

Where you would stand is maybe having to move out because it's damaging your health. And then being stuck with a six or twelve month contract which you can't get out of. Everything might be all fine and dandy until the cold weather comes.

dazzer1467

BitterAndTwisted wrote: »

They are either flakes or negligent. If they had their client's interests in the front of their minds they would be busting a gut to get a tenant in there asap.

I really, REALLY don't like the sound of any of this.

I am "re-viewing" the property next Friday (19th) and LA wants TA signed there and then to hand over the keys to us so we can move in 27th July

What questions/things should i be asking/checking when i go over on 19th ?

dazzer1467

BitterAndTwisted wrote: »

An awful lot of bad landlords just paint over damp and mould and then act like it's never been a problem before so must have been caused by the tenant's lifestyle.

Where you would stand is maybe having to move out because it's damaging your health. And then being stuck with a six or twelve month contract which you can't get out of. Everything might be all fine and dandy until the cold weather comes.

I have photos that i took when i originally viewed the property showing the damp on the walls in front room and bathroom and have kept emails i have sent to LA about it so can prove it was there before i moved in.

Marshflower

I’m afraid I don’t know much about lettings etc so can't respond on that front (although must say from my experience of renting in the dim and distant past, this all sounds very rum and not just a little unprofessional) but felt I must add – don’t go near it unless the damp has been remedied – and done so properly. Do you or any of your friends know anyone who could independently verify that it has been rectified and not just painted over? Could you phone a local specialist and see if they will look for you and try to negotiate a nominal fee with them? Damp doesn’t always but can cause no end of health problems, especially if you have a 2 year old.

BitterAndTwisted

What works have been carried out to remedy the damp problem? What was the cause?

Plus all of the other questions you asked when you viewed your current property.

G_M

dazzer1467 wrote: »

1.The damp is being fixed on Saturday (13th July) apparently,how long does damp treatment take ?
:rotfl:???
Treated how? What has caused the damp and what solutioni s being done?

2. LA stated that after the damp has been treated the LL is happy for us to paint the front room so i would assume (but will check) that they will treat it properly
Get written consent before you paint. Ask for the LL to pay for the materials.

If they did paint over it and it came back 4/5/6/7 months down the line where would i stand (not literally lol) ?

This is why it's important to know what caused the damp and what the treatment is!

If you ask, and they can't give a sensible answer, this implies the solution is guesswork!
On the other hand, if they say "there are 5 missing tiles on the roof and we are replacing them", that seems sensible!