Help! ex-landlord, early termination, gas leak/bill

Scholy

Hi all, this is my first post and I'm not sure how it all really works but I do know I've subscribed to MSE for a long while and have always found it useful.

Anyway, my problem is complex and is making me feel sick to the stomach trying to figure it all out.
I lived in privately owned flat which was organised by local council deposit guarantee scheme(for those unable to pay a deposit). When I was offered a council property (25/6/15) I immediately told (via text) the landlord that I had to move(and start paying rent) and asked politely if anything could be done to decrease the amount of notice needed(normally a month). She advised (via text) that if I was able to go by end that month, that she would tell council that the months notice was served but a final checkout would have to be arranged with council first. I agreed and she came round on 30/6 to get keys and I vacated the flat. the council came in on 1/7/15 to do checkout, I was there with her too and everyone was happy with the state of the property including all items on the inventory. But when she opened a cupboard a whiff of gas came out, which she reported to National Grid, who came in and immediately turned all gas off. Nothing more was mentioned and we all went our own way.
By 1.30pm she was ranting via text again that a bike (which was not on the inventory) was missing, i tried to reason with her even offering payment for this item that i hardly knew had even been there in last 5 years. She responded by saying she was now going to insist on a full months notice and therefore rent. As she was being threatening and abusive in her texts I asked her to communicate through the council.

Sorry its so long but its the only way I can explain this situation.
I contacted council who said that I would have to write a letter of termination which i did as I felt it was the only way to stop her harassing me in texts(she mentioned my recently deceased mother and this was extremely upsetting). They suggested that i apply for dual housing benefit payment, so the bulk of the now outstanding rent would be paid and then I can arrange to pay her the rest. I followed this advice from them. Dated the termination from 25/6 as the council said this was ok, given i had informed her of my move on this date. So termination would be 24 July.
I'm still waiting for decision on dual payment, I paid her £4 in July & August as this was all I could afford, I had to start paying off the gas bill at £30pm to avoid debt recovery....
I'm in the situation now where:
1. She is threatening legal action for outstanding months rent of £800 to be paid within 14days of her letter of intention dated 7/9/15
2. She is threatening to report me for fraud (she claims my deceased mother lived with me without her consent) - this is untrue
3. She is accusing me on not allowing British Gas access to the property to allow a Gas Safety check from being carried out in January 2015 - untrue, I received no notification for appointment or any calls.
4. Eon has billed me for £633 for final meter reading on 30/6 - my previous bill was in credit and my usage over 3 months was usually less than 100units, was 499 in the last based on this leak (I presume)- they say the gas was used or leaked but its for me to prove or work out with whomever i think is liable.
5. I know she is in breach of H&S law as no Gas check carried out. and the leak could have cost mine and my children's lives.

What can I do about this situation, it seems terribly unfair but I need to know where I stand legally and if there is any way I can avoid court or be sure i can win in court......
Ideally, i'd like to go back to June and get it all written done and signed or failing that a magic wand would be really nice just about now. :(:(

franklee

Bike - not on inventory not your problem.

Gas leak, I doubt it leaked much, gas is very smelly and you would have noticed significant amounts. Go by the meter reading at checkout and pay the bill up to that amount. Check the final bill is the correct meter reading and not estimated - you did notify the gas co. of your leaving date and meter reading yourself and not leave it to the LL?

Gas safety check - she needs proof of trying to get this arranged in the form of letters you you with proof of posting. I doubt she has this.

Agreement to early surrender, she agreed via text, attended a meeting and accepted keys back. You have an independent witness in checkout person that the landlord had accepted keys and was happy. Next time get it formally in writing rather than by text message but I think you've still got a good case. It would be stronger if you had proof she re-let or moved in etc. as your termination letter shoots yourself in the foot a bit. Basically she can't use the property for someone else and charge you rent. Call round and ask the current tenant when they moved in.

Mother living with you, no loss to her, no issue.

Ignore her, don't pay any more, let any legal action she takes run it's course. Her attitude in her text messages will back your story up, save these and use in your defence.

Scholy

Thanks so much for your reply.
Yes, I gave Eon the meter reading myself and double-checked it was correct meter. My bill prior to final was estimated but one before (at 10/3) was actual reading, the difference in units is tenfold.
She says in her letter that she hasn't let it, as I withheld this rent she was unable to carry out work necessary. "I will be seeking to recover all my ongoing financial losses until such time as I am able to rent out the property...":(

Guest101

Scholy wrote: »

Thanks so much for your reply.
Yes, I gave Eon the meter reading myself and double-checked it was correct meter. My bill prior to final was estimated but one before (at 10/3) was actual reading, the difference in units is tenfold.
She says in her letter that she hasn't let it, as I withheld this rent she was unable to carry out work necessary. "I will be seeking to recover all my ongoing financial losses until such time as I am able to rent out the property...":(

Write this:

Dear X,

We agreed to terminate the tenancy, for which there is an independant witness, on XX.XX.15. You had no issues with the property at that time.

I do not owe you any rent.

Do not contact me further. As I feel harassed by you, any further contact will result in a complaint to the police under the Protection from Harassment Act 1997.

Regards

Scholy

Former_E.ON_Company_Representative:_Malc

Scholy wrote: »

Thanks so much for your reply.
Yes, I gave Eon the meter reading myself and double-checked it was correct meter. My bill prior to final was estimated but one before (at 10/3) was actual reading, the difference in units is tenfold.
She says in her letter that she hasn't let it, as I withheld this rent she was unable to carry out work necessary. "I will be seeking to recover all my ongoing financial losses until such time as I am able to rent out the property...":(

Hi Scholy and welcome to the Forums.

Sounds like you're going through a nightmare. Just thought I'd pop on with a bit of information about the E.ON part that might help.

It looks like you've received a catch up bill following a previous under-estimate. This can give a false impression as it lumps together usage that would otherwise have been spread over a longer period. As you've checked the readings and meter are okay, the final bill sounds right but talk to us if you're struggling to pay. It might be possible to set up a payment arrangement to spread the balance over a more manageable period. Contact details are on your bills and our website. We're open from 8am to 8pm weekdays and between 8am and 6pm Saturdays.

Hope this is of interest Scholy and you sort out the other difficulties too.

Malc

thesaint

franklee wrote: »

Bike - not on inventory not your problem.

This is incorrect.

Scholy

Thanks for your comment, but could you explain please.

Scholy

Thanks for your reply and the information.
Looking back on my bills where actual readings were recorded it shows the following
as at 10 March 2015 at 3311 actual reading
as at 8 September 2014 at 3079 actual reading
so 6 months between these 2 dates show a total of 232 units; the average is 39 units used per month.
my final reading on 30 June 2015 is 3889 meaning a total of 578 in 3 months, average of 193 units per month.
This definitely doesn't sound right to me but what do you think based on this information?

DandelionPatrol

thesaint wrote: »

franklee wrote: »

Bike - not on inventory not your problem.

This is incorrect.

To most practical intents and purposes it is correct. To the extent that you need to outline the necessary and sufficient conditions for it to be incorrect.

camptownraces

Scholy - are you sure the June 2015 reading is 3889, and not 3389?

Did you take a photo of the meter with that reading?

78 units over a warmish three and a half months would make more sense.

Scholy

Camptownraces, I didn't take a photo of the meter reading but did check it more than once to be sure.