Can my Landlady do this?

maddermanblue1_2

Missko wrote: »

Just because it was originally "accidental" doesn't mean I don't know what I'm doing. I had to read up on it, talk to an agent, that's all.


Should we ban the use of "accidental" landlord and replace it with "someone who bought a property to live in but for various reasons ended up renting it out but who is not necessarily an amateur because they have read up on it and involved an agency"
or is that a bit long-winded?


I just ask because the phrase seems to make so many people angry!

It is still clear that you do not know what you are doing, reading your previous post on how to get your tenants out. https://forums.moneysavingexpert.com/discussion/5035463

I thought it was supposed to be basic knowledge on how to 'Evict tenants'. This is scary for me and for your tenants.
I really really wish all LL's are clued up on tenancy/LL laws, rules etc whatever part of the UK they are in before making a commitment to renting a property out. I just find it abhorrent that LL's can cause such upheavals to other people's lives just because your life has gone down the tubes, friend or no friend, after all you are destroying what is their home. You should not be a landlord 'accidental' or not, full stop.

Guest101

Missko wrote: »

"Accidental landlord" just means I didn't buy it as a BTL. I moved away for work. I am therefore not doing it as a "business" ie to make money, but only for my own convenience. I do, of course, declare to HMRC!


Genuinely not sure what "the quant"'s point is. There IS no freeholder of that flat! I own it and the only people who have any rights over that flat are the mortgage lenders. But they don't have a key anyway.

You all sound really bitter about the fact that some people can afford to be landlords, by the way!

And yes, after 14 months it hasn't worked out in London and I will be moving back at some point. As a tenant, limited security is part of the deal. In the same way that I accept liability for the mortgage and maintenance of the property. You can't have it all ways!


However, I have never and would never screw anyone over.

'Cant afford to be landlords' - if it's costing u money to be a landlord, ur definitely in the wrong game. The quant was referring to the person who owns the building ur flat is in.

Missko

Quidsy - yes, I'd love to have 24hrs notice of an emergency!


Booksurr - if you read the thread, you would see I specifically referred to situations in which there hadn't BEEN any previous tenants!


So why do letting agents take a key then if it is so normal for tenants to change the locks?


No, actually, I DON'T get it!! Why would my tenants treat me like the enemy from the outset?


No, I am NOT cut out to be a LL. Hence it was "accidental". They knew this. I would never rent to a random!


But hey, why don't I just gift them the property! After all, by changing the locks, they are effectively stealing! It's basically an act of passive-aggression.


:-D


Cloo - thanks. If they want greater security though, they have to buy, non? And then take the mortgage, upkeep liability.


Sorry, OP, for hijacking the thread.

Missko

Hi Guest,


How many times do I have to say that I OWN the flat?!!! Maybe you don't realise that Scotland is different from England? No-one separate owns the building.


Mad - my agents deal with the legal part. That's what they're paid for. I guess my other post was actually seeking opinions.

Missko

Mad - what do you suggest? That I just live on the streets? I will give them as long as they need to find somewhere else. Even if I had to live with my parents meantime. You seem to have a huge sense of entitlement! If you want your own place for ever and evermore - BUY!

maddermanblue1_2

Back to the OP, your landlady sounds like a nasty piece of work.
Theses are the steps I would have taken -
1) Change the locks as soon as you move in, keep the barrels change back when you move out - this cannot be taken out of your deposit as no damage nor costs to the landlord has been incurred.

2) Demand her not to use the photos on the agency site as this is a security risk, inform her that she is breaching your right to quiet enjoyment it doesn't sound like security is a right to quiet enjoyment but it is, you have a right to live in your home safely. If you can, inform your landlords insurance policy that security risk is higher.

3)Threaten to take out a restraining order against her, she has threatened to criminally damage your home the police should be interested in this, at the very least get it on a police report.

4) You do not have to let in prospective buyers in your home, you can refuse all viewings.

5) Be prepared to be served a notice to vacate, it will happen. You be given 2 months to get out, I would leave sooner than later if my landlord behaved like this.

6) check if your deposit is protected, if not it will make serving you a notice much more difficult for her and you can claim back up to 3x your deposit.

7) Take photos of your home everywhere to protect yourselves from claims of you damaging her property, carpets, walls, toilets etc etc, noting damage the damage already done (if any).

8) just make life hell for your LL in the most legal way.

maddermanblue1_2

Missko wrote: »

Mad - what do you suggest? That I just live on the streets? I will give them as long as they need to find somewhere else. Even if I had to live with my parents meantime. You seem to have a huge sense of entitlement! If you want your own place for ever and evermore - BUY!

What do you suggest your tenants do? Live on the streets?

I will buy, when the time is right. When I get out out of London and settle elsewhere. And when I buy it will be my home, not an investment. Home should never ever be used as an 'investment'.

jamesd

Since the landlord wants you out I suggest that you ask her to confirm in writing that she waives her notice requirement to help you move out as rapidly as possible.

Missko wrote: »

How many times do I have to say that I OWN the flat?

Then you decided to let it out and gave up most access rights to the place, replacing them with the tenant's right to quiet enjoyment of their home, your property.

Please do some reading up on landlord-tenant law and what the obligations really are for both parties. I know that you got into this without really wanting to much but you are now a landlord running a letting business and need to be sure that you follow the law in a range of ways, not least correctly handling your income tax reporting for your business.

Missko

Mad - even in the part you quoted, I make it clear I would live elsewhere until they found a new place!!


James - read the whole thread & don't take stuff out of context. That sentence ("I own the flat") refers to the absence of a freeholder. Not to my thinking I have full rights over the tenant or anything.
Happy to help!

jamesd

I had read the whole thread. The text I quoted seems to well characterise many of your views about your rights. That's OK for now but you really should learn more about the subject.