Landlord attempting to intimidate me... Please help

RubyShoes

Dear all,
I have been privately renting a property for just over 2 years. As my landlord has described me, I have been the perfect tenant. Rent always paid on time, no bother, and kept the house like new.

Now, I have been looking to buy for the last 6 months, but as I haven't found the right house at the right price, I decided there was no point in telling my LL until I had an offer accepted.

Last week, my LL rang me up to say he was putting the house on the market, as he needed to sell, due to moving abroad. Had a conversation with him, and informed him I was looking to buy, so this wasn't a problem (I think he was concerned I would be upset).

Roll forward a couple of days, and he starts badgering for the valuer to come round. I told him this was no problem, but the time he gave me, I would be in work. So I gave him some alternatives. So, I arranged it for 9.30am last tuesday, enough time for me to get my son to school, get home, and tidy up from the morning chaos. Only problem is, the valuer turns up at 9.05. When I seemed suprised to see her - she told me the LL had told her between 9-9.30am wouldnt be a problem. I specifically told the LL 9.30, for the above reasons.

Next phone call a day later - the surveyer is coming round at 1pm tomorrow. Errr... quick think, and yes, this is ok, as I am off work. However I have appointments myself throughout the day, so it would have to be at 1 for definate. No problem he says. Guess what - surveyor turns up at 12.30 'landlord said it would be fine between 12.30 and 1'. By now I was fed up... but, I have been as accomodating as possible, so I just ignored it again.

Now, here comes the major problem. I went to bed very early on thursday due to a very early start and a long day working on friday. I woke up to a text from the LL saying that he was coming round to do a viewing on saturday, and if I was not in, could I please leave a key for him to gain access.

I politely text back that I was sorry, but I would be in work 9-5pm on saturday, and could it please be rearranged.

LL text back to say, no, it had to be saturday, and could I have a spare key cut, and he would pay.

Text back saying no, I was not happy to have people in my home when I was not present, but some alternative times when I could be in for the viewing were...

He text back and basically started saying he understood, but he was showing people around HIS house, and he had to sell, this can not continue, I need to gain access to MY house... etc

By now I was very upset, because there was no way I could do the viewing, and no way I would let anyone in LL or not, when I was not present. Everything I own is in that house.

So then I text him back saying I was about to leave for work, but could I please ring him this evening to discuss this with him.

He text back saying no, he was coming to the house tonight.

I text him back saying, I would be at work, so would not be in.

He text back saying I want to see you, I will be there tonight.

So now, even more upset, driving to work, I had to call my mother, and ask her could me and my son go to hers tonight, to make sure if he turned up I wouldnt be there.

So after a very early start, and an 80 mile commute, I had to collect my son from the childminders and travel the 20 miles to my mums just so I could feel safe!

During the day, I popped out of work, and thought, I will have to call him, because I was just so upset with it all. So I phoned, and as was expected he was shouting saying it was his house, I was being unreasonable, he had to sell, what did I think he was going to do when he was there, why have I suddenly changed like this. I managed to get the guts to say to him 'No, you are being unreasonable. I have a right to quiet enjoyment of the property, and if you want to be like this, you can give me 30 days notice to quit'. He then said, you are not on a contract, I don't have to give you any notice! Oh yes you do, I told him, same as I have to give him notice - 30 days on either side.

After I mentioned this he suddenly calmed down. I am aware that he is paying £1000 mortgage payments, when the rent is less than £700. He simply can't afford not to have a tenant, and if he gives me notice, and I leave, then he will leave himself in a very bad position. He is in over his head. While I understand he is likely to be having financial problems - this is not my problem.

He is a cowboy LL, he doesn't have BTL mortgage, he hasn't got a clue about tenancy law, and the rights and responsibilities of a LL, or the rights and responsibilities of the tenant. He didn't have a clue that he had to give me 2 CM notice to increase the rent - he asked to increase it 5 days before it was due! He has never had a gas safety cert. and he is generally just a total idiot, who is in over his head.

The EA the house is on with described him as a 'wideboy tosspot' :rotfl: :T

Sorry its so long, but I really needed a rant, I feel totally stressed, and just want out of this. I am just annoyed at the fact I paid the rent on Thursday, as if this had happened before the rent was due, I would have given him what he thought was notice to quit - ie. left immediately - using the rent as a deposit - as there is no way he still has my deposit. I know that for sure.

I now have him coming over to do a viewing tomorrow at 6 - I only finish work at 5, and monday at 3.

I don't mind doing a couple of viewings say on one night, but having a small child, and working 6 days a week, while the house is perfect, there is always stuff to do before someone does a viewing. I am VERY house proud. I'd have to hoover, clean the kitchen floor, tidy away from tea, clean the tables and polish, put away any washing from the utility room, make sure the cats box was cleaned out, and the beds made. All of this takes MY time, which there is precious little of left. I wish I could just tell him to shove his viewings, and he would have to give me notice to quit if he wanted to do them....

Grrrrrrrrrrrrrr. Tosspot is the right word for him. :mad:

Ps. its not unreasonable to say no viewings if I am not in, is it?

Tori_Bellatrix

I believe you are actually entitled to receive 2 months notice from the landlord. The S21 notice would not be valid if he doesn't give you the prescribed amount of time but as the tenant, you can give him a 1 month notice ...

lynzpower

Does he not have a key to the house himself, would you trust him to allow the valuer in, if you are out.

I would go back to the LL with the aim of building bridges and say, OK we now have these times and dates I will be in this week.

RubyShoes

AST expired last May, so just on a rolling contract - which I think is 30 days notice... but would be good if it isnt!

I have attempted to build bridges - but I just feel so angry about the whole thing. I have emailed him a list of my hours for the next month, but its the fact that I have a lot of other things to do as well, which is peeing me right off! I have to find time to do my food shopping, cleaning, cooking, ironing, washing, seeing family, running errands, etc etc...

No, he doesn't have a key.

terryw

You are having a rough time here. A few points, not in any order.

1. Regardless of anything, you really need a gas check and service. Gas is very dangerous...don't leave to chance.

2. You are probably on a shorthold contract. Landlord must give two months notice and it must be in the proper form. Even then you can't be evicted without a court order. If any attempt at eviction without these, go immediately to the police. I think it is also a criminal offense to even indicate that you can be evicted without said court order.

3. Don't read too much into surveyor and valuer arriving a bit early. Often they can't run to an exact timetable.......they have probably said to LL that they will arrive between 9.00 and 9.30.

4. It would be downright silly to allow viewing if you are not there. what if something is broken or stolen? In any case you do not want personal stuff seen by LL and viewers.

5. To avoid argument and ill-feeling, why not suggest to LL that you will be available at n hours on y days for viewings provided he lets you know.

6. I know it is difficult with this guy, but try to get him to understand that you can go a long way to impressing the viewers with property so that they buy. You can extol
the virtues of the place and make sure it is well presented if you have time to prepare for viewings at a time when you are not flustered.

7. Obviously, come the day you do leave, do not hand over the keys until you have the deposit refund in your hand.

The odd rant does you good! I think you deserve this one.

Best of luck with finding a house to buy. This is probably a good time.

Lavendyr

Wow, you have a horrible-sounding landlord indeed (are you on the Lush forums by the way? I seem to recognise the user name )! I've tried to answer some of your queries/points below so I hope this helps.

RubyShoes wrote: »

Only problem is, the valuer turns up at 9.05. When I seemed suprised to see her - she told me the LL had told her between 9-9.30am wouldnt be a problem. I specifically told the LL 9.30, for the above reasons.

If you'd agreed a time with him, he should have stuck to what you said and should at least have been very apologetic about this.

RubyShoes wrote: »

Now, here comes the major problem. I went to bed very early on thursday due to a very early start and a long day working on friday. I woke up to a text from the LL saying that he was coming round to do a viewing on saturday, and if I was not in, could I please leave a key for him to gain access.

The landlord must always give you 24 hours' notice to enter the property, and it must be by mutual consent - he cannot just say "I'm coming at X time" - it should be a time which is suitable for you.

RubyShoes wrote: »

LL text back to say, no, it had to be saturday, and could I have a spare key cut, and he would pay.

This is an unreasonable request on his part in my view.

RubyShoes wrote: »

He text back and basically started saying he understood, but he was showing people around HIS house, and he had to sell, this can not continue, I need to gain access to MY house... etc p

He is not correct. While it may be his house, while you are a tenant there you have the right to quiet enjoyment - effectively as if you were the owner. He does not have the right to walk into your home at any point without your agreement.

RubyShoes wrote: »

He text back saying no, he was coming to the house tonight.

Again illegal, and could be construed as harrassment on his part. He did not give you 24 hours notice in writing and he did not arrange it by mutual consent. He cannot just turn up when he likes, as above.

RubyShoes wrote: »

I managed to get the guts to say to him 'No, you are being unreasonable. I have a right to quiet enjoyment of the property

Exactly!

RubyShoes wrote: »

and if you want to be like this, you can give me 30 days notice to quit'.

Actually, assuming you pay monthly and are on a statutory periodic tenancy, he must give you two months' notice to quit, and you must give him one month's notice, to expire at the end of a rent period. It may be worth informing him of this (then again, it may not be, since if he serves you an incorrect amount of notice or an incorrect Section 21 notice, it will be invalid anyway).

RubyShoes wrote: »

He then said, you are not on a contract, I don't have to give you any notice!

You still have statutory rights as described above. If you have 'no contract' then you are on a statutory periodic tenancy. He must give you 2 months' notice, you must give him one month.

RubyShoes wrote: »

I wish I could just tell him to shove his viewings, and he would have to give me notice to quit if he wanted to do them....

Well, you don't have to make the house beautiful for him.

And no, it's not unreasonable to ask him to conduct viewings only when you are in, not at all - as you say above quite rightly, for the time being it is your home and your possessions in that house.

Really sorry for your situation, hope you find a nice house soon

redcar_2

Try not be intimidated.

As its rolling contract now he has to give you two months, you only have to give him one months notice.

He does not have a right to enter your home without your consent unless its an emergency (luckily he doesn't have a key so he has to get your consent!) and technically should be giving you 24 hours written notice.

You would be quite within your rights to nominate a few set times a week where viewings are convenient. However you don't even need to give him that and certainly not be on-call every moment you aren't in work. If he has any sense he will realise it will be much easier to sell the house looking clean and tidy and financially better for him if he has rent coming in so he needs your co-operation.

On a different note if you haven't had a gas check done for a while it might be worth getting the landlord to get this checked for your own safety.

I would put in writing what you decide and send to landlord. You can remind him that if he is unable to comply with what you state that he is within his rights to give you two months notice to leave.

Not that I am sure you would want to do this but it might sharpen his thinking if he realised that a) if you wanted to you could sit tight not paying any rent for a number of months until evicted and not allow any viewings (you sound like a fair and decent person so I am sure you would not do this) and b) he is probably in serious breach of his legal responsibilities if he is not getting gas checks done.

RubyShoes

Thank you for all your replies.

Its good to hear that others think the same way as me. My family and friends all think he is being very unreasonable, but they are bound to say that!

My head is splitting with all the stress I am feeling right now.

I could do without all of this. To top it off, the one person who could really help me is on holiday (my dad) and his mobile is switched off

Glad to hear about the 2 months notice. Lets see him make a hash of things now

Tori_Bellatrix

RubyShoes wrote: »

Thank you for all your replies.

Its good to hear that others think the same way as me. My family and friends all think he is being very unreasonable, but they are bound to say that!

My head is splitting with all the stress I am feeling right now.

I could do without all of this. To top it off, the one person who could really help me is on holiday (my dad) and his mobile is switched off

Glad to hear about the 2 months notice. Lets see him make a hash of things now

(((HUGS)))

Try not to feel too stressesd (easier said then done I know).

It always pays to know your rights as a tenant even if the landlord doesn't make the effort to find out his .. There are some fab people on this forum who will be able to give you plenty of help and advice ... :beer:

Voyager2002

My thoughts:

It sounds as if the landlord began by being reasonable, but couldn't really cope. He deserves some sympathy, although he has put himself in the wrong and made your life a misery for no good reason.

As you know, so long as you are paying rent you are entitled to "quiet enjoyment" of your property. The landlord does have a right to reasonable access, but only at times that are convenient for you. And I think that it would not be reasonable to expect more than one viewing per week.

How would you feel about leaving a key with an estate agent, and insisting that the agent accompany all viewings? At least that would reduce the risk of a total stranger walking in to your home and helping themselves to your things.

It is for reasons like these that landlords who are serious about selling wait until the property is empty, so that they can show it to prospective buyers without hassle. As mentioned above, your landlord would have to give you two months notice (beginning on a rent day), although if you decide to leave you would only have to give one month. You might like to come to some arrangement about this.

terryw

Quick correction to my earlier post. Lavendyr is quite correct, this is probably a statutory periodic tenancy now. The two months still applies though.
On the gas thing, try (difficult I know!) to point out to LL that a clean gas-bill of health is a good selling point.