Some fairly urgent advice for a tenant please!

CG77

Hi all,

I've posted about this ongoing issue before but it has now come to a head and I need some more advice please.

We have lived in this rented property for over 5 years now. My landlord has never really been on the scene. Repairs have either had to be paid for by us, then he took it off the rent, paid for by us because we haven't been able to contact him (usually the case), or just haven't been done at all.

Over the last couple of years we have periodically received letters from debt collectors for the landlord, or visits to the house from debt collectors asking for his whereabouts, or fellow tenants of his visiting the house asking had we heard from him because they too were receiving letters and becoming worried about their tenancy. More recently this has become more serious with letters arriving addressed to us informing us of possession hearings in respect of the house.

We had a letter telling us there was to be a possession hearing at the beginning of this month. I tried to contact him but had no reply. I sent letters to the only uk address I have for him and sent him texts and tried to call the only phone number I have for him. He did not respond. After taking advice on here and other places I sent another message explaining that as I couldn't get hold of him and therefore had no current uk address for him, that I would withhold november's rent until such time that he got in touch with current contact details.

In the meantime we have decided to move out as we cannot live on this knife-edge, wondering if the house could be repossessed at any time. We have found another property and things seem to be going through. I have explained the situation to the lettings agent and they are happy that they might not hear from him as a landlord reference from me, given the circumstances.

Today however, he has got in touch. He is asking for the rent, but still has not supplied a current uk address. He asked if I had left the property and I sent him copies of all correspondence by text to show him. He then sent another message saying he will send someone tomorrow to collect the keys! Surely he can't do this?

He is not very reliable at all and I worry for our bond. As I said he is in breach if his part of the agreement by failing to carry out repairs, failing to keep in contact etc. We have paid our rent every month in time for 5 years except this once, and one other time when the bathroom was leaking and once again we couldn't get hold of him. We withheld the rent and he got in touch a week or so later when we immediately paid.

I'm just not sure where to go from here or how to play it so as to protect ourselves and our rights and our bond. I'd like to give notice and get it all sorted very quickly, but am unsure whether he will try to keep hold of the bond, saying there are repairs to be done (there are, but only repairs he should've done but hasn't!) how should we play it?

I'm concerned he may just turn up asking for the keys. I'm also concerned he could jeopardise our new tenancy by replying to the lettings agency's reference request saying I haven't paid! And I'm concerned for the bond.

We are due to get the keys for the new property in the next week or so. How should we play it?

Any advice most welcome!

CG.

ihatemyhouse

if you are moving out, then just tell new LL the truth,

ihatemyhouse

Is bond in scheme, if so contact them and tell them you had to move out as it is getting repo and you want the bond back, keep all paper work

CG77

It was let through an agent, but they don't manage the property so i guess it's a private rental now. I forgot to ads that crucial bit of info-the hearing has been 'adjourned with permission the restore should he fall into arrears again'. I'm guessing this means he paid up at the last minute and managed to avoid the hearing.

PasturesNew

Do not give him the keys. He can s0d off, he has no rights. It's harrassment. Do not let him in, be polite, if he turns nasty call the police as it's not a domestic.

Utseya123

I would suggest you run it past a regular lawyer because you need to get this sorted. You need to move out, you need your bond back and you need to give him the keys and move out. No sense in prolonging the issue. In the meantime, have a frank discussion with your broker and the new landlord and explain the situation. All will be fine.

princeofpounds

Can you explain, in simple terms, what you would like to achieve?

Don't panic, you should be able to get all the answers you need here.

Relevant questions:

England and Wales? Scotland?
When did the tenancy start?
When did the fixed period end?
I assume it has not been renewed at any point?
Do you know if your deposit is protected in a scheme? (You can contact the schemes direct to find out, there is only a handful)

RAS

Previous thread https://forums.moneysavingexpert.com/discussion/4823352

CG77

Thanks you so far guys.

I want to ensure he can't just turn up and demand the keys.
I want to ensure he doesn't keep hold of the bond to pay for things he should've repaired while we lived here.
I want to ensure my new tenancy isn't jeopardised.

Ok so England.
Tenancy started august 2008.
Fixed period ended a year later.
No renewal at any point.
Deposit is in a scheme. Is that a good thing?

Thank you all so much for the advice-this isn't stress I need just before Xmas!

BitterAndTwisted

Pay him the rent due and he will stop asking for the keys back until you are ready to give notice and leave.

If there was no dual-signed inventory at the start of your tenancy he will have no documentary evidence of any legitimate claim to make deductions from your deposit.

princeofpounds

OK thanks, that makes it clearer.

First off, he cannot just demand the keys from you. That would be the criminal offence of illegal eviction under the Protection from Eviction Act 1977. It also may count towards a harrassment charge.

If he does turn up, tell him to go away and contact you only by letter. If he is persistent or threatening, contact the police (you may need to be assertive with them as they aren't well trained on tenancy law and often fob it off as a civil matter - tell them you fear a breach of the peace and you are urgently requesting protection).

If your bond is in a scheme then you can relax a bit, because you should be able to use the arbitration process to recover it. Subject to valid deductions of course. Which scheme is it in?

As for jeopardizing your new tenancy, paying the rent isn't going to hurt is it?