Problems with private landlady

trrk

We have been renting a property from a private landlady for the last 3 years. She has now blames us for damage from water leaking through from the bathroom to the kitchen and other problems resulting from poor ventilation in the bathroom. We had reported these problems to her more than 6 months ago (although she claims not to remember this) and she sent contractors round who did some sort of temporary fix that didn't really solve the problem. The same contracters are responsible for putting in the bathroom in the first place and did a shoddy job of it (as well as other repairs around the house). The landlady is elderly and has never come round to inspect the work by these contractors so I feel they are also taking advantage of her.

Our landlady has now decided to evict us and is giving negative references (by phone rather than on paper) which is making it difficult to find another property to rent. She is even blaming us for things like strong wind blowing down a fence and gate. We live in a city where rental property is scarce and are worried that we won't find somewhere within the 2 month notice period and could end up homeless.

In my opinion we have been good tenants, paying on time, keeping the place in good order (as far as possible - the house was in a poor state on repair when we moved in), reporting problems immediately where possible (she often doesn't answer the phone or reply to emails).

Any advice on what to do in this situation? Particularly how can we avoid the problem of the negative references and can she legally try to make us pay for repairs? We didn't pay a deposit at the start of the tenency but am worried she could try to take us to court as a result of the problems with the bathroom which might be expensive to fix.

Guest101

trrk wrote: »

We have been renting a property from a private landlady for the last 3 years. She has now blames us for damage from water leaking through from the bathroom to the kitchen and other problems resulting from poor ventilation in the bathroom. We had reported these problems to her more than 6 months ago (although she claims not to remember this) and she sent contractors round who did some sort of temporary fix that didn't really solve the problem. The same contracters are responsible for putting in the bathroom in the first place and did a shoddy job of it (as well as other repairs around the house). The landlady is elderly and has never come round to inspect the work by these contractors so I feel they are also taking advantage of her.

Our landlady has now decided to evict us and is giving negative references (by phone rather than on paper) which is making it difficult to find another property to rent. She is even blaming us for things like strong wind blowing down a fence and gate. We live in a city where rental property is scarce and are worried that we won't find somewhere within the 2 month notice period and could end up homeless.

In my opinion we have been good tenants, paying on time, keeping the place in good order (as far as possible - the house was in a poor state on repair when we moved in), reporting problems immediately where possible (she often doesn't answer the phone or reply to emails).

Any advice on what to do in this situation? Particularly how can we avoid the problem of the negative references and can she legally try to make us pay for repairs? We didn't pay a deposit at the start of the tenency but am worried she could try to take us to court as a result of the problems with the bathroom which might be expensive to fix.

Point out the Slander laws of this country, get a letter sent to her advising her to stop or you will take formal legal action.

Pixie5740

Where is the property? England, Wales, Scotland, Northern Ireland?

What date did your tenancy start?

What kind of notice has your LL given you? Has a court issued an eviction notice? Have you given any kind of notice to end the tenancy?

Was there an inventory taken at the start of your tenancy?

How did you report the repairs to your LL? In writing? Do you have evidence of this?

AndyT678

Point out that if she makes it difficult for you to get accepted by another landlord you won't have any option but to stay in the house and force her to use the courts to evict you.

trrk

Thanks for your advice. The property is in Cambridge (England). Tenency started in 2011 (6 months then onto a rolling tenency). Yes, there is an inventory taken although I don't think it describes the general condition of the house.

After an initial nasty phone call she then sent written notice of 2 months which I think she has the right to do. I suspect she will want to sell the house soon as she is now quite elderly and has been unwell. We are now 2 weeks into the notice period and waiting to find out if a new landlord will accept us (she has held up this process too taking more than 1 week to respond to the request for reference).

In hindsight I wish we had informed her about the repairs in writing but unfortunately we only did it by phone and email. I'm afraid it never crossed my mind to send a letter as I haven't had these sort of problems with previous landlords. I now know for next time!

Guest101

trrk wrote: »

Thanks for your advice. The property is in Cambridge (England). Tenency started in 2011 (6 months then onto a rolling tenency). Yes, there is an inventory taken although I don't think it describes the general condition of the house.

After an initial nasty phone call she then sent written notice of 2 months which I think she has the right to do. I suspect she will want to sell the house soon as she is now quite elderly and has been unwell. We are now 2 weeks into the notice period and waiting to find out if a new landlord will accept us (she has held up this process too taking more than 1 week to respond to the request for reference).

In hindsight I wish we had informed her about the repairs in writing but unfortunately we only did it by phone and email. I'm afraid it never crossed my mind to send a letter as I haven't had these sort of problems with previous landlords. I now know for next time!

The notice of two months is (probably wrong anyway! as i doubt she's correctly issued s 21) notice of intention to go to court, you dont have to leave.

In fact even if you do leave, you'll still be liable for rent until you have served your own notice, which is atleast one month and likely more!

I think you need to get some proper advice

Pixie5740

Assuming your LL has managed to correctly issue you with a Section 21 notice, you do not have to leave at the end of the notice period. The tenancy can only be ended by you, the tenant, or a court. If you do not move out by the end of the notice period then your LL will have to go to court to get an eviction notice but even then you do not have to leave, you could stay in the property until bailiffs turn up and physically remove you from the property. If that happens I bet your LL will start to wish she hadn't given you such rotten references.

It is possible to rent another property without a reference from your current LL. It might restrict your options but it is definitely possible.

trrk

Where is the best place to get advice in this situation and how do we know if it is a proper S21? The written notice was basically a postcard sent through recorded post.

Guest101

trrk wrote: »

Where is the best place to get advice in this situation and how do we know if it is a proper S21? The written notice was basically a postcard sent through recorded post.

Does it say section 21?

Pixie5740

trrk wrote: »

Where is the best place to get advice in this situation and how do we know if it is a proper S21? The written notice was basically a postcard sent through recorded post.

Shelter are a housing charity who will be able to give you advice.

They've also got this guide about "How to check your Section 21 notice is valid".

Shelter's website has lots of other information you'll find useful and they have a free phone number if you want to speak with someone about your situation.

trrk

If it did come to her using a court to get an eviction notice would we have to pay the associated costs? It seems very hard to rent a property in Cambridge without references as there are usually multiple tenents wanting to rent any reasonable property and landlords can just take someone who does have references. For our new potential landlady she initially said it would be find just to provide evidence that we paid the rent but then we had to give her details to the credit checking agency and she has apparently given us a negative report. Now the potential new landlady wants to talk to our current landlady and then she will decide who to believe and whether to let us rent the property.