Unfair Landlady?!

sparkychris

Evening team....

needing some advice here on behalf of GF

GF and i are due to set up home together in a week or so, which should be an exciting time...

When GF moved into her rented home about two years ago, she was offered the place through a friend of a friend... it was all done through word of mouth and no written contract was signed. The new landlady was happy for the rent to start when GF recieved monies from a house sale. GF was desperate for somewhere to live (reasons unimportant) and landlady was desperate for someone to be living in the property so that it would be heated, etc as it is a very old property.

Since living here, GF has had to cope with all sorts of problems including constant flooding of the kitchen due to water ingress, mould and damp problems, wall paper peeling etc.... Some windows are so old and rotten they cant be opened.... Dripping wet damp patches on the walls (Literally dripping).

landlady blames all of these problems on GF saying that she should be heating the cottage 24/7 using the expensive oil fired heating and leaving the windows ajar for ventilation. GF has had to somehow dry the six or so towels she has had to wash daily (Not exaggerating here) that have been on the kitchen floor soaking up the water during the wet spell we had for three months or so... so she has had no option to dry them indoors. much to the chagrin of the landlady.

Although i am BF and therefore biassed, i can honestly say that GF has bent over backwards to maintain the property and has gone above and beyond the call of duty. Constantly mopping floors and drying towels and much, much more. All complaints with the property have been reported as they have surfaced and GF has been fobbed off with excuses, For example water ingress has been 'treated' by her painting the external wall with emulsion, despite the fact that the problem is clearly structural...

When we were on holiday, LL let herself in and turned the (expensive) heating on, because of the damp problem. (Incidental that, but it rankles!!!)

When GF was in a position to start paying rent she was in a position to offer to pay the three or four months backrent which was declined by the landlady. No deposit was taken.

GF started paying rent on the understanding that the rent was paid in advance....

We have now found a place which is nice, clean, dry and is through a reputable letting agent- GF has informed landlady that she will be leaving and landlady has insisted that in her mind, rent has been paid in arrears so GF will owe a months rent upon leaving.

GF is absolutely adamant that she is not under obligation to pay this, as am i, and indeed she cant afford it, as her share of the deposit, fees and rent will cost £1000 or so....

Sorry about rattling on.... but now you have all the details... but my question is- is GF obliged to pay a months rent upon leaving?

Over to the experts.......

Thank you, team!

kazwookie

Change the door locks to keep LL out first, then change them back on day of moving out.

How is the rent paid? Your gf needs to make a paper trail to prove her point, and get all the reciepts out

sparkychris

The rent has been paid every month on the dot by Standing order....

I considered changing the locks to be fair, but hopefully, we will be in our new place within a week or so...

The only question is to whether or not LL can legally claim a months rent off GF when she leaves...

flora48

Can't understand why your GF stayed for 2 years in such a wet and ill maintained property.

sparkychris

Thanks for your input, flora....

The damp problems were kept at bay by the fact that the house was constantly heated by the open fireplace. GF has a ready supply of free firewood. this summer, LL had the cottage thatched, for some reason, and banned GF from having a fire. relying on the prohibitively expensive oil fired central heating. There are other irrelevant factors which tied my GF to the cottage which are, ahem, irrelevant!

any more productive comments more than welcome?!

F_Bear

no contract, no depoist?! just walk out and leave i suppose??

sparkychris

She lived there rent free, yes.... She wasnt in a position to pay rent- and the LL needed somebody in there to heat and maintain the place. mutually beneficial. Then offered to pay all of the rent but this was refused.

really, i am looking for advice as to the legal situation as to as to whether or not GF is legally liable to pay a months rent on leaving. not asking for any opinions. its more the legal side of things.

thanks again, team.

topdaddy_2

With no contract its impossible to prove if paid in arrears or advance. However the fact your girlfriend paid after being there a few months would suggest rent is paid in arrears.

DaveTheMus

I would say that since your GF didn't pay rent on the first day of living there, the rent is paid in arrears.

sparkychris

The offer to clear arrears was rebuffed....

sparkychris

just to be clear.... i do appreciate the time you have taken to offer me your opinions, i honestly do...

am looking more for legal advice, as opposed to what may be right or wrong or maybe this and maybe that,,,.

GF will be going to CAB, but while i was sat at my computer, i thought i'd chuck it on here....