Nightmare Landlady

Pixie5740

I'm having problems with my landlady and was looking for some advice and opinions from other MSE Forum members.

In June 2013 I entered into a rental agreement with my landlady. I signed a lease and have an assured tenancy (I live in Scotland). I also paid a deposit of £750 which she said she would put in a DPS but went ballistic when I asked her for further details about the DPS. She has since admitted that she has not protected my deposit (or the deposits of her other tenants as she also owns at least another 2 flats). The reason she give for not protecting the deposits is that she doesn't like the idea "of big brother watching" and there is "too much red tape for landlords these days". I have also looked for her on the Scottish landlord register and cannot find her.

My landlady gives me a £200 discount from my rent so that she can use the flat twice a week to see clients (she does various types of therapies). She was supposed to bring clients in through the front door and straight into the room she uses but she doesn't. She lets them in the back door and there are times when I've come home from work to find strangers waiting in my living room. I am also fairly sure she does not have insurance for her business or pay business rates or am I the one liable for those?

My landlady also has constant digs about me leaving personal items in the living room etc as she feels all my belongings should be kept in my bedroom even though I pay to rent the whole flat and pay all the bills. She also thinks I should be out of the house on the evenings when she is there. I usually go to the gym on the days she is there but come home to have a shower even though she would prefer I showered at the gym.

Now winter is upon us she is saying that if it snows she will stay at the flat as she lives in the country and bring her cat and dog (I am allergic to cats and dogs). I don't want her there. We had an agreements and she keeps moving the goalposts. This flat has always felt like her flat and never my home.

We had a discussion about some of the issues I had and she said that when my lease ends in December I could pay an extra £200 in rent and she would not use it anymore. Now she has done a 180 on this and says she wants to continue sharing. My nerves can't take it. She has the heat blasting in the flat so it becomes uncomfortably hot for me and gets annoyed when I switch it off then turns it back on even though I pay all of the gas bill.

Obviously I want to move out the flat and way from this woman at the first possible opportunity but I am concerned about her giving me a bad reference. I can provide references from the previous two flats I've rented which say I keep the flat in good order and pay my rent on time but I'm just worried she makes getting another flat difficult.

I also don't really want her here from now until I move out. I understand she has a business to run and would consider letting her see her clients here 2 days a week but I don't want her staying over or bringing her pets here even if it does snow. Am I being unreasonable? She really has made my home life horrible.

Apologies for the rambling I just can't wait to end this tenancy.

caeler

This does in deed sound like a nightmare situation and I think you are right to want out. I'm not fully familiar with Scottish law BUT *believe* you are responsible for paying the rent for the duration of the tenancy unless you agree to mutually end it which you will need in writing (I think there is a legal document needed to legally end the tenancy).

I'm surprised you agreed to any of the conditions you have but you are where you are especially as your landlady has announced she's planning to move in with you should it snow. You need a plan to move out as quickly as possible!

How long is your tenancy for?

theartfullodger

It's your flat, your home: Simply refuse her access. (Expect her to try & evict you, legally..).

Write (yes, WRITE ! - keep copy) a letter outlining your issues and requesting whatever it is you want. Is she fails to change her behaviour then take matters up with the PRHP. You know about this as she legally HAD to inform you of them - they sort out LL/tenant issues if the LL/T can't sort them themselves.
http://www.prhpscotland.gov.uk/prhp/1.html

Write to the local council pointing out lack or registration (Up to £50k fine for that one..)

Write to/'phone HMRC fraud people as £5 says she ain;t declaring all the rental income..

In your shoes I'd start finding somewhere else to live. She sounds a deluded bahmpot but as you've allowed her to behave this way for some time getting her to change may be hard.

Sue her for up to 3x deposit for not protecting the deposit.. Go see your local friendly sheriff's clerk at the local Sheriff Court - they should help you.
http://www.landlordzone.co.uk/forums/showthread.php?57521-Deposit-precedent-set

Any probs ask again or 'phone **free** helpline at Shelter Scotland 0808 800 4444 see...
http://scotland.shelter.org.uk/get_advice/how_we_can_help/_free_housing_advice_helpline

Shelter's free housing advice helpline

Shelter provides a free, national telephone advice line staffed by trained housing advisers. Lines are open from 9am to 5pm, Monday to Friday.

Housing problems can affect anyone. But many people can find it hard to go for advice or just don't know what help is available. Through our helpline, we have helped thousands of people solve all kinds of housing related problems, from finding them a place to sleep to suggesting how to handle mortgage arrears.

If you have a housing problem, you can call free on 0808 800 4444 free from UK landlines and now free to call from all six of the main UK mobile networks (Virgin, Orange, 3, T-mobile, Vodafone and O2, but charges may apply from any other network). Lines are open between 9am and 5pm, Monday to Friday.

Our advisers can:

give immediate, practical assistance
tell you your rights
offer advice and guidance
link you in with specialist or local services to help you longer term.

We will answer your call as quickly as we can and treat it confidentially.

When you call, it may help if you have information to hand such as:

your landlord's name and address and any letters you've received from your landlord, if you rent your home
your mortgage lender's details and any letters you've received from your lender, if you have a mortgage
details of any benefits you're claiming.

Keep a log (handwritten is fine) & any evidence of her ongoing harassment of you - there may be a case for suing her for her unreasonable behaviour..
http://scotland.shelter.org.uk/get_advice/advice_topics/eviction/illegal_eviction_and_harassment

Artful (Scottish Landlord btw..)

Slàinte mhath!

jbainbridge

Is the £200 in writing? Could you not just pay the extra, change the locks and carry on with your life?!

Pixie5740

My tenancy ends 11th December and I would need to give 28 days notice if I want to move out then so I am focussed on finding a new flat as soon as possible. I will of course continue paying rent until the lease officially ends.

The £200 isn't in writing, the lease just says that my rent is £550 a month rather than the £750 she would charge if she wasn't using the flat at all. I could pay the extra £200 but then she would have to find, and pay for, somewhere else to operate her business for those 2 days a week which she won't do. Apparently she did try to find somewhere else but wasn't able to. She also admitted during a phone conversation that the flat isn't really set up to share the way she wants to.

The original agreement of how the flat was going to be shared sounded find but she hasn't stuck to any of it. The reality is that she wants me to pay rent and bills for the whole flat but only use a bedroom. Then makes out it's my fault for not going out on a Monday night.

I think "deluded bampot" sums her up rather well theartfulldodger and I certainly will call Shelter Scotland.

theartfullodger

Lodger not dodger: I don't dodge (bad knees).

If the agreement says £550 then that's the rent. Errr.. are you saying the agreement says she lives there as well?? (She doesn;t but it could make things tricky..)

Pixie5740

Sorry theartfullodger.

There is nothing about her living there in the lease at all. The only mention of her in the lease is that she is the landlady, not a resident. Her main residence is her own house out in the sticks. She is very keen that this flat is not seen as a second home.

hollydays

Omg she's nuts.

Pixie5740

hollydays wrote: »

Omg she's nuts.

:rotfl:

You're not the first one to have said this. However, she genuinely believes I am being unreasonable.

I will speak to Shelter Scotland tomorrow and maybe take a tip to B&Q for some new locks. I pity the next tenant.

Errata

She's nuts - change the barrel in the locks and find somewhere else to live sharpish.
Write to her outlining all the verbal agreements you have with her and ask her to write back to you confirming you have understood the agreements. and the fact that she hasn't place the deposit in the desposit scheme.
Get people who know you to write personal references for you to add to your previous LL's references.
Then blow the whistle on her.

theartfullodger

Before changing locks talk to Shelter SCOTLAND. The law is different between Scotland & Engerland & I've never been convinced the tenant has the right to change locks in Scotland as I know fine well they do in England. Please let us know what Shelter advise.

Mind you with this loonie I'd probably change them myself if I were in your shoes...