Nightmare Landlady

Pixie5740

Don't worry I won't change any locks until I know where I stand legally. I will give Shelter Scotland a call on Monday morning and let you know what their advice is.

The best part about it is that my LL claims to have a law degree.

Callie22

Pixie5740 wrote: »

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).

This sounds extraordinarily dodgy. Personally I'd want to make sure that the bedroom was locked ...

Pixie5740

I'm pretty sure she isn't a lunch time hooker or anything like that

Callie22

Pixie5740 wrote: »

I'm pretty sure she isn't a lunch time hooker or anything like that

I do apologise for making a joke about this - it sounds like an awful situation. And the more I think about it, the dodgier it becomes. For a start, where would you stand if any of your possessions went 'missing' when one of her clients visited? I can't imagine that any contents insurance that you might have would be valid if the house is being used as a business and I can't see your landlady reimbursing you. I would feel totally uncomfortable with my 'home' being invaded by strangers twice a week - just the thought of random people wandering round my house, using my bathroom etc creeps me out. More importantly, what about stuff like public liability insurance (which I don't believe for a second that she has), what if one of the clients gets injured on the premises? Are you going to get blamed for that too? I'd get out as soon as possible and report her to anyone you can.

And seriously, I wouldn't worry about a bad reference. She sounds absolutely barking and any reference written by her would be an utter joke - 'the tenant was difficult about me using the property for business purposes twice a week. She wouldn't stay out of the house when I was there and insisted on showering in her own bathroom, and then she got really difficult and decided to leave when I moved in with my pets. I don't see what the problem was as it was only for a few nights a week during the winter and she would have been using the heating anyway'. Ummm, okay ...

Pixie5740

No need to apologise. I try to make light of the madness too or I'll go mad myself. I'm sure she doesn't have any public liability insurance and the question of contents insurance has crossed my mind. The whole situation is dodgy as hell.

One her family members was having problems with their landlord so she advised them to change the locks and told them to have their post sent to my flat. Said family member was given a key and just let's themselves in to collect post. I was caught out one Sunday morning sitting in the living room in my jammies.

I also know she has a few extensions (no planning permission for any of them) including a completely separate 2 storey structure at her own home which she rents out to "lodgers" as she calls them.

tbs624

If this LL is not registered with the local council she can be issued with a rent penalty notice meaning that she is unable to collect rent from her tenants, in addition to becoming liable for the hefty fine as mentioned earlier by Artful.

Who pays the C Tax on this property? Registered for residential purposes only?

In terms of refs for future LLs, you presumably have your own bank records which show that you have paid your rent on time - also take date-evidenced photos of the property to show that you have kept it in appropriate order. Intelligent LLs do understand that there can be genuine reasons why a formal reference from a previous LL is not forthcoming and are willing to use alternative proof of a tenant's payment record etc.

Based on what the OP has said, this LL needs to be reported to every relevant authority - she brings LLs into disrepute and Ts need to be protected from people like this.

PasturesNew

tbs624 wrote: »

based on what the op has said, this ll needs to be reported to every relevant authority - she brings lls into disrepute and ts need to be protected from people like this.

+1

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Pixie5740

tbs624 wrote: »

Who pays the C Tax on this property? Registered for residential purposes only?

Yes, the flat is registered for residential use only. I pay the council tax and all the other bills too. The £200 rent discount she came up with is supposed to cover her use of the flat and her share of the bills. I should point out that she does go abroad a fair bit so sometimes I get the place to myself for a week or so which is lovely.

My LL was an acquaintance before I moved in and the arrangement sounded fine at first and I'd get to save a bit of money each month but things have really deteriorated recently. Apparently I should remember "it takes two to make a deal work".

I would feel bad if she got hit with fines right, left and centre but I suppose it's her own fault. She pressed me during a phone call last week about why I wanted my deposit protected and went on to say that if she did it for me she would have to do it for future tenants. I replied, "Erm, well you would have to do it anyway because it's the law."

Pixie5740

This morning I spoke to a very helpful lady at Shelter Scotland.

The fact my landlady is not registered does not take away any of my rights as a tenant. The way the lease is written means that she has no legal right to enter the property and use the spare bedroom to run her business. If she does come into the property without my permission it is a criminal offence and I can call the police to have her removed. It is also a criminal offence to let out properties without being a registered landlord and if I want I can contact the council about this and then they can pursue the matter.

With regards to the deposit it is as we thought I can apply to the sheriff court to have my deposit returned and they can also award compensation so she could end up having to pay 3 x the deposit back.

Shelter's advice was to write a letter to her stating I want me deposit protected and that if she doesn't do it then I will contact the sheriff court.

It's not illegal for me to change the locks as long as the lease doesn't say I'm not allowed to. I re-read my lease and it doesn't say anything about locks. It does say that if the rent is ever paid 14 days, or longer, late then I have to vacate the property which I'm not sure if legal but it's a moot point anyway as I always pay my rent on time.

Interesting Shelter said my lease would automatically renew for another 6 months come December as the lease is silent meaning it does not mention going on to a rolling contract. I think that's what they told me anyway.

What it all boils down to is that she doesn't have a legal leg to stand on.

I don't really want to go to war with my landlady unless her behaviour between now and when I move out pushes me into it. Monday is one of the days she sees her clients at the flat, not sure if she's going to be there or not today as she hasn't spoken to me since our email spat last week. She occasionally stays over on a Monday too so if she's there I'll just see how it goes. If she is an !!!!! I will just tell her to leave. Actually, it's more likely to be "Why don't you button it and take it up the road hen."

Mojisola

Pixie5740 wrote: »

It does say that if the rent is ever paid 14 days, or longer, late then I have to vacate the property which I'm not sure if legal but it's a moot point anyway as I always pay my rent on time.

You're right - that's not legal. As a tenant, you have rights which can't be overturned by such a ridiculous clause.