LL keeps arranging viewings without notice

Annie1960

sartois wrote: »

Which case is that... the fact that you are a LL and don't like tenants having rights and no matter what other LLs do it is never wrong?

A lot of people on here have suggested that I simply not make myself available for any viewings at all...or worse. After the temper tantrum and all the threats thrown my way I thought I was quite polite... also, they have ignored my request to provide evidence of the energy payments and after some thought I would like a refund of the overpayment. I could have chosen to discuss that whilst she was showing round potential tenants but didn't.

Are you suggesting that I should have lied about the parking situation here? I am not an EA or a LL so still have a tendency to tell the truth about things... guess that makes me awkward...

I agree with you - you should vigorously follow up the issue about the energy payments. Will you also be following up the Council Tax issue?

sartois

Annie1960 wrote: »

I agree with you - you should vigorously follow up the issue about the energy payments. Will you also be following up the Council Tax issue?

Thank you... I do not intend to let them keep it, just like I wouldn't let the energy company keep it if I overpaid them. Although in the case of the energy company they probably wouldn't have done it on purpose to get a bit of extra cash...

I don't know about the council tax issue yet. I just can't believe that even they would be daft enough to try and avoid that one. I know that my contribution if paying the council direct would be £75 per month. I am going to ask them to prove it has been paid though to avoid any further legal ramifications further down the road as one of their threats was to sue me for non payment of bills, even though I have paid them the money every month.

I will give Ofgem a call to see what I need to do if I do not hear back from them tomorrow as it's not clear from their document who starts the civil proceedings (them or me).

Annie1960

And there is still the possibility that the Council Tax situation could actually be fraud, and hence a criminal offence. May even lead to a prison sentence.

As you need to take this one step at a time, keep records of everything you ask and their responses, and give them every opportunity to explain the situation.

You ultimately need to ensure you are not help personally liable for non-payment of Council Tax, as this could come back to bite you later.

sartois

Hmmm.. that is a good point. I guess I would have evidence of both the tenancy agreement and paying the £175 per month that 'should' protect me in the event of investigation. However, I think maybe I should start making a few calls to the council etc to make sure I really am in the clear.

Incidentally, it seems that my deposit might not be protected... I am unable to find any certificate (nor can I recall receiving one), nor can I find it by using the search facility on all 3 of the schemes when entering details of my tenancy.

Jack_Johnson_the_acorn

sartois wrote: »

Hmmm.. that is a good point. I guess I would have evidence of both the tenancy agreement and paying the £175 per month that 'should' protect me in the event of investigation. However, I think maybe I should start making a few calls to the council etc to make sure I really am in the clear.

Incidentally, it seems that my deposit might not be protected... I am unable to find any certificate (nor can I recall receiving one), nor can I find it by using the search facility on all 3 of the schemes when entering details of my tenancy.

Sound like a right bunch of cowboys.... Shame.

At least you'll have your own house soon, then you won't have to put up with this nonsense. :T

RAS

sartois wrote: »

Incidentally, it seems that my deposit might not be protected... I am unable to find any certificate (nor can I recall receiving one), nor can I find it by using the search facility on all 3 of the schemes when entering details of my tenancy.

WRITE (not e-mail) and ask them a copy of the registration details and the prescribed information.

It sounds like they could play fast and lose with the deposit if it is not protected. If there is a problem, you may want offer to sue for the up to three times penalty to encourage them to co-operate.

sartois

So they have sent me a notice of a Breach of Tenancy agreement. It's a bit of a novella so this is the short version:

1. Changing the code on the door.

They say that if this breach is not corrected within 7 days or I provide them with the codes, they will instruct a locksmith to change the locks without any further notice. They say they will give me access to the property immediately (by text and email so hopefully nothing happens to my phone!). They say I will be responsible for the cost of this. They cite needing to get access in an emergency as the reason for this in respect of flood/fire etc.

2. Restricting the viewings.

They say my offer of two days a week for viewings is unreasonable, and also a breach of tenancy agreement. They say that by delaying the process of letting the property can incur additional costs on my part, however if I am unhappy with the viewings all together then to inform them and I can bear the re-letting costs.

They also mentioned in the letter that I was discouraging applicants by informing them that parking is difficult and that one of the busiest roads in London... is busy. There is also some nonsense in there about my body language(!) and giving prospective applicants a thumbs down(!). Complete nonsense and lies as I did no such thing as I am not a 2 year old.

Anyway, enough is enough. I have now spoken to Shelter and they pretty much confirmed what everyone here has said on here. They say that Housing law gives me exclusive right of access to my home and I can change the code if I want. They say it's up to me who I let in my home and if I don't want to let the LL in or any tenants then I don't have to. The law allows them access for maintenance etc. They also say that a LL has no right to the key (or code in this case). There are a couple of things in the tenancy agreement that come into conflict with the law, and these will need to be tested in court I guess. But since they breached the tenancy agreement first then I would be happy with that. Needless to say they are now denying going in without my permission, but do not realise I have a voicemail of the LL state that she is going in!

Shelter by the way were absolutely fantastic. They have referred my case and are going to provide a case worker to help mediate in the hope it prevents them from changing the lock.

Mallotum_X

Morglin wrote: »

I think perhaps a mandatory licensing scheme for landlords might be an idea, because there are a lot of rogue and/or inexperienced landlords about! :eek:

The good landlords, and there are plenty, would have nothing to fear, and the bad ones (hopefully) would be bought to book.

Perhaps the government would like to try this......although I doubt it.

Lin

Will tenants want to pay for this extra service though?

silverwhistle

sartois wrote: »

Incidentally, it seems that my deposit might not be protected... I am unable to find any certificate (nor can I recall receiving one), nor can I find it by using the search facility on all 3 of the schemes when entering details of my tenancy.

Hmm, dodgier and dodgier. I eagerly await JJlandlord's comments..

Pixie5740

Morglin wrote: »

I think perhaps a mandatory licensing scheme for landlords might be an idea, because there are a lot of rogue and/or inexperienced landlords about! :eek:

The good landlords, and there are plenty, would have nothing to fear, and the bad ones (hopefully) would be bought to book.

Perhaps the government would like to try this......although I doubt it.

Lin

Landlords in Scotland must, by law, regsiter with the local council where the property being let is based. The council are supposed to deem the landlord a "fit & proper" person to let property. The reality is that the councils don't have enough available resources to deal with all the applications. When the scheme was first brought in, the amount of checking councils actually did is dubious. Shelter Scotland estimate that around 25% of landlords in Scotland that should be registered are not.

My ex-landlady lets 3 properties in Aberdeen are is not registered with the local council and probably doesn't know she should be, and even if she does not won't care because "there is too much red tape for landlords."

I reported her to the council and told them about the 2 other properties she also lets out. They said they would send her a letter. As far as I know she still isn't registered and hasn't been fined either as the council are like a toothless sheep. Baaaa.

To the OP, write to the LA asking for the details of where your deposit is being protected. If they haven't protected it then it might be a bit of a squeaky bum moment for them and make them back off.