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landlady is being unreasonable

135

Comments

  • doll_83
    doll_83 Posts: 23 Forumite
    if only you were our landlady clutton someone who actually goes by the book rather then my LL who is only concerned about her money if she was that boverd she should have checked she recieved rent every month in full and on time not left it 5 months.
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    doll_83 wrote: »
    if only you were our landlady clutton someone who actually goes by the book rather then my LL who is only concerned about her money if she was that boverd she should have checked she recieved rent every month in full and on time not left it 5 months.

    The fact that your landlady:
    1. Asked you for the money to do a small claims action when she is doing the claim herself.
    2. Only gives you mobile phone numbers
    3. Doesn't check what the agencies she uses are up to

    Leads me to seriously suspect she doesn't know what she is doing. If she did she wouldn't be using agencies in that way.

    I would be tempted in your situation:
    1. to not pay the rent (and decide whether you want to stay there)
    2. attempt to get the address details from both agencies. Do this in writing and keep copies even if you go into them and give them the letters.
    3. go to a law centre where they have legal advisers with legal qualifications, explain the situation and get them to write her a letter telling her responsibilities towards you with an explanation of why you can't pay the rent. http://www.lawcentres.org.uk/lawcentres/detail/find/

    I reckon a letter from a lawyer will sort things out for you swiftly one way or another.

    If she harasses (phones you up or comes round to the property) you in the meantime about not paying rent, go to the local police station and tell them someone who claims to be your landlady but hasn't given you any personal details as per the law is asking you for money. You just want a crime reference number.

    If she then starts eviction proceedings you have a paper trail. Also if you do this , eventually pay rent and move out. If she then tries to withhold the deposit she will know you are not to be messed with.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • doll_83
    doll_83 Posts: 23 Forumite
    I can honestly say from her phone conversations she really doesnt have a clue.
    Any tips on this letter to the agency im thinking of including the following act
    Section 48 Landlord and Tenant Act 1987 - requires that the tenant must be given an address in England where notices can be served on the landlord – the address does not have to be that of the landlord. Rent is not lawfully due until this is complied with.

    just so they dont fob me off with quotes saying the LL is entitled to remain anonymous and they are the acting LL for our letting or sumthing along those lines.
  • I think there is some great advice in this thread, but if I was in your situation I'd contact a solicitor. I'd also look for somewhere new to live.

    The LL is responsible for the return for your deposit so start a claim against her. She will no doubt be claiming the deposit back from the LA via the courts.
    Starting debt @ LBM: £8436.51 (8/5/7)
    Barclaycard: £5804.52 (May 07) - 6.9% LOB Now: £5315.25
    Egg: £1640.99 (May 07) - 1.9% May 08 - Now: £1242.69
    [strike]Barclays O/D: £991dr (May 07) - 16.9% - Now: £0.00[/strike]
    Debt August 07 £6557.94
    Aim: To Clear Barclays OD by Nov 2007! Realistic DFD: August 2009
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Section 47 of the Landlord and Tenant Act 1987 states that the landlord must include their name and address on any demands for rent. http://www.lettings-landlords.co.uk/info/sec_47_48.html

    So unfortunately doll_83 you cannot pay the rent until this is clarified.

    I've sent you a PM about your other question as my post was too long.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • doll_83
    doll_83 Posts: 23 Forumite
    olly any chance of that message going up? please
    i cant access it as my partner put pop up blocker on the pc i have no idea how to get around it
  • eek
    eek Posts: 84 Forumite
    try pressing the control (ctrl) button when clicking on the link. Either that are copy the following into the address bar.

    http://www.lettings-landlords.co.uk/info/sec_47_48.html
  • doll_83
    doll_83 Posts: 23 Forumite
    hey eek
    i can access the web page fine its jus that i was sent a PM from olly wen i went to open it it doesnt allow me
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    http://www.letlink.co.uk/letting-library/library-resources/key-statutes-statutory-extracts-and-forms.html

    The above has links to some more legislation.

    In your letter I wouldn't don't quote the interpretation of the Acts you find on the internet, or the actual Acts (which you can find from the Office of Public Sector Information) I would just put the name of the Act you are asking them to comply with and the consequences for them if they don't.

    The reason to do this is:
    1. Including details of the Act makes your letter to long and they are not likely not to read it properly, or interpret it to suit them.
    2. The interpretation of the Act you put down may be wrong or slightly incorrect.
    3. Their reply to you will let you know whether they are bluffing or know what they are doing.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • doll_83
    doll_83 Posts: 23 Forumite
    Hey olly
    dnt worry about the message i got it in the end sos its my 2nd day on a forum
    i must say its been e[FONT=&quot]xtremely[/FONT] helpfull everytime i have a problem i cant resolve i knw where to come to
This discussion has been closed.
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