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End of Tenancy & Landlord Problems

Oldzskool
Oldzskool Posts: 84
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edited 9 January at 10:42PM in House buying, renting & selling
I have had big problems with my landlord since January 2023 due to his slow actions when I have needed things to be repaired.  This came to a head a year ago when the boiler broke down and I eventually had to report it to the housing standards who got involved and served him a notice which forced him to fix it within 3 days and the boiler was fixed by mid February 2023

At the end of April 2023, after the boiler was fixed, he attempted to increase the rent by around 28% from 550pcm to 705pcm beginning June 2023, by getting his estate agents to serve a Section13.  I disputed this increase and referred it to the 1st Tier Tribunal who decided that the Section13 was to be excluded due to there being an existing rent review clause in our tenancy agreement which should have been used and meant Section13 was not an option to him.  This clause says the rent will be reviewed every year on the anniversary of the agreement (Feb 2023) and each subsequent anniversary thereafter and go up or down in line with the previous 12months RPI.  The previous 12months RPI to February 2023 was around 13% .... Nowhere near 28%!

This ruling suggests to me that he missed his 2023 opportunity to increase the rent as it should be reviewed each February and allowing for at least a months notice of any increase he should be notifying me at the beginning of January of any rent increase he intends to apply.  He insists I owe him rent arrears from June 2023 to present and refused to provide me with a reference for my recent new property application although after explaining the situation the new landlord agreed that this would not be a problem.

Also back in May 2023 I had to report other issues that I needed repairing such as the oven which stopped working and the kitchen blind which jammed in the up position and several of the window locks which failed rendering my house insurance invalid.

He eventually came look at these probelms with a handy man in September 2023, measured up for a new oven agreed the window handles needed replacing and thats the last I have heard from him apart from several "you owe rent arrears" messages.

I'm due to move out in 2 weeks, I gave him more than his months notice, and I am wondering how all this will play out during the check out inspection and the return of my deposit in full? Particularly the broken oven etc but the rent increase/arrears also.

Sorry for the long post and any help or advice really appreciated

Comments

  • propertyrental
    propertyrental Posts: 2,184
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    so your new LL is happy? Great.
    You've been paying the same rent since Feb 23? Great.
    If he claims arrears (not sure why from June not Feb) you raise a dispute with the deposit scheme. If he applies to the small claims court, you defend. Great
    The repairs should have been chased at the time but again, if he tries to deduct from deposit, appeal to the scheme. Did you report the window etc issues in writing? Anything in wrting from the LL?


  • BobT36
    BobT36 Posts: 508
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    edited 10 January at 3:49AM
    Take LOTS of pictures, inside and outside as you leave. Meter readings too. 
    Note down the condition and age of the decoration and carpets. 
    Video if possible. 

    He may try and claim via saying you caused damages etc. 
  • Oldzskool
    Oldzskool Posts: 84
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    so your new LL is happy? Great.
    You've been paying the same rent since Feb 23? Great.
    If he claims arrears (not sure why from June not Feb) you raise a dispute with the deposit scheme. If he applies to the small claims court, you defend. Great
    The repairs should have been chased at the time but again, if he tries to deduct from deposit, appeal to the scheme. Did you report the window etc issues in writing? Anything in wrting from the LL?


    He claims June to present for rent arrears as his Section13 was served to me at the end of April 2023 stating the rent increase to start from June 2023 and to adjust my DD accordingly which I refused due to the tribunal decision and the rent review clause.  He's never sent me an invoice or a demand or anything telling me how much he thinks I owe in arrears either.

    I reported the oven, the blind and the window handles by text message to him in June and followed it up several more times via text message over a few weeks but eventually I gave up as it was clear he wasn't interested in doing any further repairs following the boiler situation.

    Who is responsible for arranging the check out/inventory time?  Should I contact him and propose the time or is it for him or his representative to contact me?
  • theartfullodger
    theartfullodger Posts: 14,368
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    Should be OK (do you have screenshots?? ) but in future suggest also email or letter, keep copies.

    Another daft landlord!

    Artful: Landlord since 2000

  • Oldzskool
    Oldzskool Posts: 84
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    edited 10 January at 7:44PM
    Should be OK (do you have screenshots?? ) but in future suggest also email or letter, keep copies.

    Another daft landlord!

    Artful: Landlord since 2000

    Yes I can easily take screenshots of the text messages.

    Since I served him the required notice of my intention to leave the property and end the tenancy at the beginning of February (this time by letter delivered 1st Class Recorded Delivery), is it his responsibility to get in touch with me and arrange the check out/inventory check and hand my keys back?

    I know he received the notice just before xmas but I have heard nothing from him about it since.
  • propertyrental
    propertyrental Posts: 2,184
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    No the check out inspection is usually done after the tenant has left, with tenant not present. It's  for then LL/agent to arrange.
  • BobT36
    BobT36 Posts: 508
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    Handing keys back on the final day of your tenancy or earlier is your responsibility, though. 
  • Marvel1
    Marvel1 Posts: 7,136
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    Oldzskool said:
    Should be OK (do you have screenshots?? ) but in future suggest also email or letter, keep copies.

    Another daft landlord!

    Artful: Landlord since 2000

    Yes I can easily take screenshots of the text messages.
    Take them now and keep a backup - email yourself the images.
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