Landlord being petty

Wakey123

When we first moved into our property everything was fine with the landlord, it was her previous home, so she was quite involved and friendly. Things have turned a bit sour though in the past twelve months.

Firstly, our boiler broke and it took her two weeks to get it replaced. All the pipework and the cables were on show and she said she would sort it. Over a year later and its still not been done. We haven't said anything because its only affecting the way the room looks - not safety.

We have had a leak in the soil pipe since we moved in, something she told us would be sorted - it never has.

we recently had a problem with a light fitting in the living room and was left for over five weeks without a working light downstairs. We went on holiday and came back and it was hinted that an electrician had a look while we were away. while I cannot prove that that happened, it wouldn't surprise me. (The exact words were "the electrician said when he looked at it that....")

Also the day after we arrived back off holiday, my landlord complained that the gardens were unkempt. This was true, but we had literally just returned from a two week holiday and all the rain we had here had made everything grow. But I sorted it as soon as I could.
She rang today to tell me that she has a problem - that even after asking, the gardens are still a mess. I explained that I've had a broken wrist and literally got my splint off yesterday, but was in the garden first thing this morning to do as much as I could.
She's now threatening to increase our rent because of the gardens (each time she has seen them, there has been extenuating circumstances to why they admittedly have not been in the best condition - nothing over growing, just a few weeds)
I asked her while she was on the phone about a gas safety certificate, which is now out of date by four months. (we haven't caused a fuss about this either) and she said she would get it done if we sorted the garden.

Now I know she cannot refuse to provide a certificate, as its a legal requirement, but where do we stand with the rent increase? She doesn't follow landlord guidelines, and often appears on our doorstep when she's visiting neighbours. She's acting like its still her home, it's her house, but it is now our home. we are currently on a rolling monthly contract, so I know she can do what she wants and the estate agents only manage the contract, not the tenancy.

With everything we have let slide, I am slightly annoyed that she is threatening this. Where do we stand?

fishpond

Gas safety cert IS A LEGAL REQUIREMENT EVERY 12 MONTHS.
She is breaking the law.
There is a legal process which needs to be followed to increase the rent of an existing tenancy.
You do not say whether the deposit was protected in a scheme?
It sounds like she is not cut out to be a LL, my advice to you is find somewhere else to live---sooner rather than later (for your peace of mind if nothing else).

You wrote "so I know she can do what she wants"
No, she cannot do as she wants.
Aside from the above points, you are entitled to quiet enjoyment of the property and as long as you leave it as it was when you moved in (according to the inventory), you can do within reason, what you like or not (including the garden), whilst you live there.

Guest101

You're over complicating.


Rent can be increased by mutual agreement or by notice, at the minute she's done neither.

Pixie5740

You don't have to keep the garden near & tidy. You can let it turn into a total jungle as long as you return it to the same condition as it was at the start of your tenancy when you eventually leave. Your LL cannot use an untidy garden as an excuse for not conducting the annual gas safety inspection. Not having a valid GSC is a criminal offence and you can report her to HSE.

You have a periodic tenancy so as long as she had all the paperwork in order it's relatively easy for her to get rid of you. Did you pay a deposit? Is it protected? It's also relatively easy for her to increase your rent if she chooses to.

Ideally what do you want to happen?

Marvel1

A typical stupid "landlord" who has no clue, is the deposit even protected? As long as the garden is put right when you move it does not matter.

Personally if you can I would move out.

Wakey123

Thankyou for the replies. Ideally I would like her to start acting like a landlord, and not that it's still her home. The gardens are regularly done but on these two occasions that she's come over (without notice) they haven't been the best. I am worried that she will end up evicting us, as she can with a months notice now were are on a periodic agreement. I'm now on edge that she's just going to turn up, and if a single thing is out of place she will get rid of us. I didn't know if the fact that we've let alot of things slide, helps in our favour?

the deposit is in a scheme, but I can see us having problems with that when we move out. We would love to move to a different property, but as we are saving to buy a house, it takes alot of money to move with all the fees that are involved now.

She has never rented previously, so is new to being a landlord. And you can tell.

fairy_lights

Wakey123 wrote: »

We went on holiday and came back and it was hinted that an electrician had a look while we were away. while I cannot prove that that happened, it wouldn't surprise me. (The exact words were "the electrician said when he looked at it that....")

This reminds me of one of my old landladies. It was her previous home and she couldn't quite accept that she couldn't waltz in whenever she liked. She would let herself in sometimes when we weren't at home...if you suspect your landlady might be doing this, change the locks. The only way she will find out is if she does try to enter without permission.
Is there anything in your contract that says the garden must be keep tidy at all times? If not then you can let the grass grow as long and wild as you like as long as you put it back to the state it was in when you moved in before leaving.

pmlindyloo

You have several options.

1. Give notice
2. Invite her over and have a chat. Say you understand that it was her home previously but it is now your home. Suggests that she does some online research into her responsibilities as a landlord re: legal requirement to give you a gas safety certificate, do repairs in a timely fashion, ensure you have quiet enjoyment of the property, give 24 hrs notice of visiting, you return the house and gardens to as they were when you leave the tenancy etc etc
3. Print off some information for her, invite her round and give it to her
4. Do nothing

Unfortunately some landlords get very protective of their property (our landlord had a neighbour 'spying ' for her.

If you can gently remind her of her obligations and yours without rocking the boat then she might change her tune.

If not, then expect a rent increase (which you can refuse and just give notice) and she issues with possession notice (which she is likely to bug8er up by the sounds of it!

So, adult, friendly conversation and then take it from there.

Wakey123

Thank you. We want to resolve it, but with us being on a periodic contract, we are aware that within a day she can decide she doesn't want us here any more, and that's the scary thing.

G_M

Try these:


* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new protection (2015)

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

* Rent increases: when & how can rent be increased?

* HSE gas safety

Marvel1

Wakey123 wrote: »

I am worried that she will end up evicting us, as she can with a months notice now were are on a periodic agreement.

2 months, even then a section 21 does not evict you, only a court can.

Yourself is 1 month notice.