Landlord Woes, looking for advice.

Annie1960

Yet another example of why landlords should be required to be licensed. It's appalling they event think they can get away with this.

G_M

Pixie5740 wrote: »

...

As GM and PasturesNew have asked already, do you have an address in the UK for serving notices?

For the avoidance of doubt, the address must be in England or Wales (assuming the property is in Eng/Wales).

G_M

Nope, no UK address

So you can stop paying rent, legally, if you wish.
* Once the LL provieds an address though you will have to pay the rent owed, so keep it to one side until then
* Contact the LL and tell him what you are doing and why. Quote the Landlord and Tenant Act 1987

Whether you choose to do this is up to you, but it is a legal option.

Who do I report this to?

I assume you mean the repairs? You report them to the LL by letter at the address in Eng/Wales! That is exactly why the law requires all LLs to provide such an address, and states that rent is not due till the address is provided

How do I approach the tax thing,

Again, assuming you decide to do this, follow the advice from HMRC on the link I gave you, and also inform the LL what you are doing, and why, and quote the HMRC website.

LGzw6sB2

I have an Assured Short-term Tenancy Agreement –..... It is the standard NLA AST, and lasts 12 months.
For the record, :
* what are start/end dates?
* Was it signed by LL
* is it a 'joint & several agreement naming all 3 tenants?
* Is there a 'Break Clause'? (allowing you or him to end the tenancy early)? Read the agreement.
- Starts on the 1nd of Feb 2014, ends on the 1st of Feb 2015.
- Yep, signed.
- Joint agreement naming all three tenants.
- I couldn't find anything about a break clause, at least not under that name. The AST is pretty much identical to this one (but for 2014, not 2013) if that helps: rla.org.uk/landlord/tenancy_deposit_scheme/docs/DEPOSITGAST-PInLEAFLET.pdf

The landlord also said she had no problem with me doing DIY and customisations around the house, as long as any damage was put right at my expense.
Seems fair. Verbal or in writing?
That one was via Facebook messenger, not sure if that'd count as 'verbal', but Facebook has logged it so I can pull the logs up if needed.

In the new property, most of the double glazing gasket seals have failed, so if it rains heavily enough we get water coming through a couple of the windows.
Have you reported this in writing?
It was part of a big .txt file I sent to him detailing all of the property damage that I could find when moving in. I didn't get all of it, but got the obvious stuff.

The radiators have no TRVs (heat control knobs) and are stuck at full blast whenever they're on, although a couple of them don't heat up at all.
There's no requirement for TRVs.
Fair enough, will take that off the .txt file!

I'm told this is a result of a 'sludge' build-up, and that the system needs to be cleaned out.
Have you reported this in writing?
Yep, was mentioned via email. I even arranged for a couple of quotes for a 'powerflush' on the advice of a British Gas engineer who came to repair a damaged valve.

The boiler was installed in 1973 and has a “H” efficiency rating; it cost us nearly £100 to heat the house back in Jan, and that was with a very conservative heating schedule.
Providing there is a method of heating which works, there's no requirement for it to be 'efficient'. However, as you are on benefits the landlord may be able to get a free or discounted new boiler. Investigate this, and then politeley suggest it.

Google 'ECO boilers' and 'free boiler scheme' etc. eg see here. (my friend recently got one, but even if you qualify, as a tenant you'll need the landlord's permission.

I looked into it a while back and because I'm not getting Income Support, I'm not eligible for the boiler, unfortunately. I'll remove it from the .txt file.

The electrical consumer unit is two revisions behind the current standard and lacks over-voltage protection.
There is no requirement for CUs to be upgraded each time a new revision comes out. Provided it complied with the revision that was current at the time it was installed, it complies.
Fair enough. I was a bit worried because we asked a sparky to come in and wire my oven for me - he said the consumer unit was "very out of date" and that he wasn't willing to do any work on the house until the consumer unit was replaced, as he'd be responsible for it after that.

The bathroom has a mould problem because the landlord disconnected the extractor fan (she said “she didn't like how it sounded”) - which I had to remove because it dripping with moisture and covered it black mould.
Have you reported this in writing?
Yep! Never got back to us, though. Since I removed the damaged one (been told since that doing so was a bad idea - I didn't even think to take a photo of the damaged extractor fan!), my fianc! reckons we should just patch the hole up and paint over it. Or would I have to pay for the new fan because I took out the mouldy one?

There are a lot more on top of this – there were damaged plug sockets, the side door wasn't sat properly in it's frame and could be easily pushed open, even when locked, etc.
Have you reported this in writing?
Yep, all in the .txt file.

The landlord didn't do an inspection, inventory, list of damage or anything.
No requirement for this, though a very stupid LL!

I took photos of what I could find at the time, but have since found that I missed quite a few things; cracks in the ceiling, some small drill holes and a couple of 'bodge jobs' – one of the electrical spurs was fused by a twisted bit of tinfoil!
Keep taking photos. Keep a list and.....Have you reported these issues in writing?
I've not reported the newer ones. I'm considering going back over the old list and revising it to remove the stuff you've said is no longer and issue and adding the new stuff in. I'm a bit worried about how angry an email I'm going to get back, though.

Basically, the place is in a bit of a state. The landlord responded fine at first, agreeing that we could use two months of rent to arrange repairs, then two months of rent paid to him –
* He said this in writing?
* I don't understand. the 2nd 2 months rent to him. What happens after that?
* What exactly was agreed? Were the repairs you were authorised to do with the 2 months rent specified in detail?
And yep, was written on both email and Facebook messenger. It was supposed to be 'on and off' - 2 months repairs, 2 months rent, 2 months repairs, etc. with me arranging the contractors on the landlord's behalf and paying it out of rent. And yeah, it was specifically the consumer unit, the window gaskets, radiators and side door, if I remember correctly.

once we were settled in, there was an issue with the roof leaking and it resulted in a lot of angry communication from the landlord;
Phone? Letters? What exactly was said and how?
Facebook messenger and email. I don't want to post either as it'd reveal the landlords identity. Me and my Fianc! pulled down part of the ceiling because the leaking water was spreading across the ceiling and starting to drip on our stuff. Removing the portion of centralised the leak, and we told the landlord that we'd be paying a contractor ourselves to have the ceiling repaired.

he felt that I was accusing him of lying to me about the problems the house had, that he changed his mind about the agreement we had, wanted the full rent and that he was “sick of me wanting everything done yesterday” and he'd “get things fixed in his own time”, along with a couple of threats; “you're on thin ice”, etc.
Harrassment of a tenant is a criminal offence eg threats to illegally evict. See Section 1 of the Protection from Eviction Act 1977
Keep all emails/letters etc and keep a log of phone calls.
Will do. Is this a 'do it via court' thing, though?

A couple of the repairs have been done – I replaced the locking system on the front door as well as the gas meter door using money he agreed for me to take out of monthly rent, and he arranged for the roof to be fixed and the side door to be re-secured.
Progress!
I know, right!

....we're afraid of getting kicked out, and don't have the money together to get another place.
Please confirm -
* you have a 12 month contract starting X Feb 2014?
* Is there a Break Clause?
Yep, first * is right, and no break clause that I could see.

He's definitely broken his terms of the rental agreement, but technically so have I by putting up tool shelves and making other modifications to the room as per his general DIY permission.
If you have permission, you've done nothing wrong.
Even if not, then provided when you leave you return the property to him as it was at the start (ie make good any changes/damage) then you're fine.
That's reassuring, I'll make good all of my racking mounting holes before moving out.

We've asked his permission to have a 4th person move into the house – my friend's girlfriend – and he said he's fine with that providing we pay him £625 a month instead of £525 a month!
!!! Why? It does not cost him any more? Are you paying the utility bills, or does he?
Nope, costs him nothing more. He doesn't pay for anything.

We said we would be willing to pay up to £575 a month until the repairs were carried out.
* Getting the repairs done should not be confused with the new occupant. Keep these issues separate.
* do not agree to, or offer, any increase in rent, either verbally or in writing
* See info on taking in a lodger below
Alright, my bad. I can't undo these now, but won't do so again in the future. The 4th person would be a 'permitted occupant' - Housing Benefit said that'd be my best bet so we don't need a new rental agreement.

We were told he “isn't backing down on this”, that the “repairs are getting done” and “good luck finding a place for her to live for £100 a month”.
I have to ask:
* how would he know if she moved in?
* does the tenancy agreement say anything about lodgers? (probobly does if it's NLA - but does he even know?)
He knows people around the area from when he lived here, and I think they've been reporting to him, as well as a 'dodgy builder' who reports back to him whatever we've been doing in the house whenever the builder comes to do work - he's the one who re-secured the side door.
The agreement says:
"We will let the property to you and only you and [other tenant names] will be allowed to live there."

What if we move out and he tries to sue me for the disrepair the property is in, claiming it's my damage and not his, or that of previous tenants?
As you did not sign an inventory showing the condition of the property and contents at the start of the tenancy, the LL will have difficulty proving who caused any damage.
It is up to the LL to prove you did the damage, not for you to prove you did not.
That's reassuring, thank you.

However, if you leave early, he is more likely to sue you for rent. Unless there is a Break Clause (see above).
Yeah, that's one of the reasons I'm wanting to hold on until the tenancy is over.

LGzw6sB2

Pixie5740 wrote: »

Is there even a French address on the tenancy agreement? The agreement should tell you where to serve notices, Facebook is not a suitable medium.

As for the Non-Resident Landlord taxation scheme the tenant should be deducting basic rate tax before depositing the rent in the LL's account and need to file quarterly and annual returns with HMRC. Unless your LL has applied to HMRC to receive rent with no tax deducted and HMRC has agreed to this which I doubt your LL has done.

Your LL lives in France so I wouldn't worry too much about him being violent. You should definitely contact Shleter for more advice.

Yeah, it's a French address - the agreement states that as his address for notices, I believe. Do I get in contact with HMRC and see if the landlord has applied to get rent with no tax deducted? And if not, to start keeping the rent aside to send to HMRC?

Pixie5740

LGzw6sB2 wrote: »

Yeah, it's a French address - the agreement states that as his address for notices, I believe. Do I get in contact with HMRC and see if the landlord has applied to get rent with no tax deducted? And if not, to start keeping the rent aside to send to HMRC?

As one of GM's posts says, if you don't have an address in England/Wales then legally you can stop paying rent until the LL provides you with one. Keeping the rent aside until an address has been provided of course.

As for HMRC that's your call. You could do as jjlandlord says and keep schtum or you could contact HMRC which, although probably is the right thing to do, might be like poking an angry bear with a big stick.

LGzw6sB2

jjlandlord wrote: »

Considering the situation:
- Landlord is in France, and does not seem to be doing inspections, so if you want to take a lodger or have a guest, just do it.
- If he is "tired of you" reply that you will be happy to surrender the tenancy and leave.
- For any repairs that the landlord has an obligation to carry out, just follow the standard procedure, as per previous links, to have them done yourself and deduct from rent.

As for tax, I would just keep quiet about it. You have enough problems as it is.

We've already asked him for permission for the additional tenant, as we didn't want to break our side of the tenancy agreement. I also have to announce it to my local council because her living here reduces my housing benefit and council tax reduction.

I'm hoping for the opportunity to offer to surrender the tenancy - is that what it's called? If we agree between me and the landlord that we can 'surrender' it, he can't chase us up for additional rent after we've moved out, right?

Going to start doing that process mentioned by shelter I think, not sure about one of the final steps though, as it says I need to pay for the repairs to be done myself and give him a chance to give me the money for them.

I don't have the money for the repairs, even the gasket replacement (about £150) - we literally live 'hand to mouth' at the moment. Am I going to step on any legal toes if I skip that letter and go straight to the 'taking it out of rent' letter at that point in the process?

I think it'd be best to keep quiet about the tax. The guy already hates me, I don't want to give him any more reasons to harass me.

LGzw6sB2

LGzw6sB2 wrote: »

I'm hoping for the opportunity to offer to surrender the tenancy - is that what it's called? If we agree between me and the landlord that we can 'surrender' it, he can't chase us up for additional rent after we've moved out, right?

Actually, maybe not - we've got an internet contract that is through until March 2015, and if we cancel it we have to pay the remainder of the contract. It might be worth just 'holding on' until that's expired then doing the move. It'll give us time to get a bond and rent together for a new place as well.

And thank you everyone for all the excellent responses so far. I feel like I'm no-longer alone in this, and the points raised have helped put me at some ease. Once the thread quiets down I'm going to print it off so all my house-mates can read it as well.

G_M

Regarding the repairs you are doing/organising (as part of your 2 months rent/2 months work agreement):

* Make sure you get written agreement of each job before the work is done, both for the work involved, ad the quote. Keep the emails/facebook whatever for your records.

* To be honest, although it is unusual and a hastle for a tenant to be renovating a property like this, it's not a bad deal. He's agreed the roof, the consumer unit, the window gaskets, radiators and side door, so I'm not sure why you are concerned about these. Get some quotes, make sure he agrees them in writing, fix them, and enjoy 2 months rent-free.

* do not fill in the extractor fan hole and repaint. The fan is needed that's why you have mold! And yes, having removed it without consent you could be liable
a) for the cost of replacing AND
b) cost of dealing with mold.

Get a new fan installed (ideally via your agreement in lieu of rent - confirmed in writing)

* just move your friend in. If he kicks up a fuss, what can he do? It's not an eviction issue. As long as he receives the monthly rent as per the tenancy agreement and any subsequent written agreements to do work in lieu of rent, there's little he can do (except shout).

* avoid his dodgy builder friend. Get 3 quotes from other contractors for each job. Or has he specified you must use this guy?

* You have a 12 month contract. Almost the only way you can be evicted before next Feb is via a S8 Notice for rent arrears.

Which is why it is important you get and keep all agreements with the LL for the 2 months without rent, AND keep all records of his agreement for contractors' quotes, AND receipts from contractors. That way you can prove you are not in arrears, and can not be evicted.

G_M

Pixie5740 wrote: »

As one of GM's posts says, if you don't have an address in England/Wales then legally you can stop paying rent until the LL provides you with one. Keeping the rent aside until an address has been provided of course.

As for HMRC that's your call. You could do as jjlandlord says and keep schtum or you could contact HMRC which, although probably is the right thing to do, might be like poking an angry bear with a big stick.

The 3rd option re. the tax, is to do the same as with the lack of address in Eng/Wales. Withold 20% of rent for HMRC, put it to one side safely, inform the LL, but do not contact HMRC.

If LL produces proof he has an agreement with HMRC to receive rent in full, you then pay him. If not, you keep it in case HMRC demand their pound of flesh.