LL keeps arranging viewings without notice

rpc

Practically, they cannot enforce specific performance.

Should they be left with a void period, they could attempt to claim that this loss resulted from your breach of contract. I think they would have a hard job proving it.

You would claim that you had been reasonable and never refused access up until LL breached the contract by gaining access without notice or agreement. You took steps to prevent further breach (thus mitigating your own losses) at which point LL harassed you and threatened illegal eviction leading to further breach of your right to quiet enjoyment, and laws relating to harassment and illegal eviction.

Compromise seems a reasonable offer in these circumstances - I would offer this again in writing so you can use it in evidence against the LL if they take you to court.

Only person that might get rich from that is LL's lawyer. Judge might get a laugh at how someone could be so daft.

More likely is that they make up some nonsense to try to keep your whole deposit. Be vigilant at checkout, leave no excuse and make sure you have your own evidence of the condition of the property.

tunnel

sartois wrote: »

I am not and never have denied them access. I asked them to not go into the property to show someone round as I had left financial records on my desk. They had someone that they wanted to show around immediately and ignored my request to do the viewing the next day and went in anyway ignoring the clause that says they need to give me 24 hours notice.

I wasn't implying they could come round anytime once they'd given notice, indeed, i believe from this lengthy thread you've been more than accomodating. They have however broken the t's & c's of the contract and as such you have every right to change the code and refuse access full stop. Personnally i'd let them stew until the end of the month when you vacate the premises, ignoring any pleas/threats/requests!!

As rpc says, just be extra vigilant at checkout.

jjlandlord

RAS wrote: »

thesaint always argues that contract terms trump the right to quiet enjoyment.

Man, how many times must one repeat the same thing?!

zaax

LOL winding plp like your LL bully can be great fun. Report his tirade to the police, if they do it again is harassment. Your smart phone can be used to record telephone conversations.
As said before they would not go ape unless something dodgy is going on, a report to HMRC can produce interesting results.

thesaint

RAS wrote: »

thesaint always argues that contract terms trump the right to quiet enjoyment.

I know you are acting the fool, but others might not know, so I am pointing this out to them.

They will be able to see that I have NEVER argued such a thing.

If you can see a problem/inacurracy with what I wrote, please be specific. Thanks.

sartois

zaax wrote: »

LOL winding plp like your LL bully can be great fun. Report his tirade to the police, if they do it again is harassment. Your smart phone can be used to record telephone conversations.
As said before they would not go ape unless something dodgy is going on, a report to HMRC can produce interesting results.

Yes I have mentioned the Council tax thing to a few people at work... the common consensus is that they simply must be up to Council tax mischief. I suspect claiming it's a HMO as mentioned earlier rather than 3 separate flats. They currently have 30 properties (so they say) and have little doubt that any fraud investigation would be a little bit scary for them...

RAS

sartois wrote: »

Yes I have mentioned the Council tax thing to a few people at work... the common consensus is that they simply must be up to Council tax mischief. I suspect claiming it's a HMO as mentioned earlier rather than 3 separate flats. They currently have 30 properties (so they say) and have little doubt that any fraud investigation would be a little bit scary for them...

It is a bit more complex than that, I think.

As the occupier YOU are the one liable for the Council Tax, not the landlord.

Ditto probably the occupants of the other three flats? There is a poster called CIS who might be able to tell you whether those "flats" should be individually assessed.

If the LL is charging you for the Council Tax and is paying it onwards for your flat, then you should be OK, but it might be worth checking out that the account is wholly paid up to date? What is the assessment for your flat? Have you ever claimed the single person discount?

However if the LL is perhaps hiding the fact that they have split a HMO into three flats because they do not have planning permisison, then the amount of CT paid by the other tenants may not actually cover their full liability?

sartois

RAS wrote: »

It is a bit more complex than that, I think.

As the occupier YOU are the one liable for the Council Tax, not the landlord.

Ditto probably the occupants of the other three flats? There is a poster called CIS who might be able to tell you whether those "flats" should be individually assessed.

If the LL is charging you for the Council Tax and is paying it onwards for your flat, then you should be OK, but it might be worth checking out that the account is wholly paid up to date? What is the assessment for your flat? Have you ever claimed the single person discount?

However if the LL is perhaps hiding the fact that they have split a HMO into three flats because they do not have planning permisison, then the amount of CT paid by the other tenants may not actually cover their full liability?

Well, the tenancy agreement (including the spelling error) basically says this:

"Electric/Water/Gas Bills - The tenant agrees to keep Electric/Gas/Water and Council Rates in the name of the Landlord. The tenant will pay £175.00 per month for the Electric/Water/Gas Bills and Council Rates and should the bills increase the tent(sic) will be asked to pay the extra. First payment to be made on (date)."

So I even though I live alone here, I have never claimed the single person discount as it's not in my name... if my girlfriend moved in not sure if it would change.

RAS

Are you in England or Wales?

That refers to RATES.

Keep hold of that tenancy agreement for ever and a day as you may need it to prove that the CT bill has been paid as far as you understood.

sartois

RAS wrote: »

Are you in England or Wales?

That refers to RATES.

Keep hold of that tenancy agreement for ever and a day as you may need it to prove that the CT bill has been paid as far as you understood.

Yes I saw that about the Rates.. I am in England.

Reminds me of some of the other nonsense he spouted last night on the phone when he claimed he would have me ruined for non payment of bills during his tantrum, even though I pointed out I paid them directly to him (again... on time... every month!)