Landlord from hell

[woodyuk]

Hi

A quick overview.

I rent a room in a flat share in a leafy part of London. When I came to visit the flat it had two bedrooms and a living room. The day I moved in I found that the landlady (36) was living in the living room and that room was out of bounds. I was annoyed but already paid my rent and deposit and signed agreement. What could I do! It was clear she had rented out the rooms so she could afford to stay in the flat. She also never informed me she had a cat, which I am very allergic to.

The first night I stayed in my room, I found the mattress to be a nightmare. a few days later I was covered in bite marks. I found that it was over 12 years old and invested with cat fleas and bed bugs. I told her in no uncertain terms this mattress was going and that I would get a new one. She refused to pay for a new one. Even though my tennency agreement says its furnished.

I also found out she has not held my deposit in the assured government scheme.

There have been loads of other weird problems, most would make people laugh out loud - my friends think I am living with the woman from hell. It reminds of of a past experience when I moved into a flat and the landlady found out I was going out with a Nigerian girl. She turned up at the flat when she had stayed over - I am sure you can guess what happened. I am white by the way.

There have been a number of weird situations over the last six months, but as I work long hours we have pretty much kept out of each others way. The bathroom has been the problem with 3 people living in a 2 bed flat.

About a month agree the flat had a flood and she claimed on the insurance and a new kitchen and bathroom was installed - which was nice. Although we were without a kitchen and bathroom for over 3 weeks, we were told it was tough. I ended up eating out loads and having to shower at the gym.

I am at the end of my tenecny and she has written me a letter saying that I she wants to put the rent up. I have no intention of staying and will be leaving.

However, she also wrote me a letter saying that if I stay that I may only cook certain foods in the kitchen. I am not allowed to fry food or use oil so not to damage the new kitchen. I must make friends with the cat and stroke it etc. She does not care I am alergic, she feels that the cat is feeling unloved by me! There were some other weird things as well but that was the main part. what the hell!

The final straw is that she has continually gone into my room even though I have told her its out of bounds. I went away last week to come back to find my room had been tided and my various items moved around. She left the door to my room open all week so the cat has shed many cat hairs all over the bed. I have a warddrobe and found her items which she did not want to use all stacked up in the back and my items on my bed.

I gave her one months notice today, however what i can do about all the past issues. Does the tenency agreement cover me, how can I stop her going into my room - do I have any rights here? You might all be laughing like crazy by now why I have put up with this. Or is it a case of just walking away. To be honest I would like to give her a scare, legal letters etc make it look like I am going to sue her to death etc. Would teach the little witch a lesson.

Any advice would be great.

[MrShed]

I dont think there is much you can do IMO. If she had breached the contract, then you can sue for financial loss. However, you havent really incurred any financial loss. What date did you mvoe in, and how long was the fixed term?

[Joa]

Originally Posted by woodyuk

The day I moved in I found that the landlady (36) was living in the living room and that room was out of bounds.

I had a very similar case recently; I was told by our resident barrister that it looks like you were led to believe that you are getting into an AST, with exclusive possession and occupation, whilst in reality you ended up as a licensee with a "permission to occupy". So basically you were sold something else that you wanted and expected. This could mean that there is no contract between you and the landlady.
Now, the question is: did you react to it straight away, or did you accept it, therefore agreed to it?
It seems to me that you have been annoyed but decided to stay, therefore "affirming" the existing contract.

She also never informed me she had a cat, which I am very allergic to.

Sadly, IMO, it should be your business to ask about cats, but I assume you did not think that you'd sharing the property with her!

The first night I stayed in my room, I found the mattress to be a nightmare. a few days later I was covered in bite marks. I found that it was over 12 years old and invested with cat fleas and bed bugs. I told her in no uncertain terms this mattress was going and that I would get a new one. She refused to pay for a new one. Even though my tennency agreement says its furnished.

If you tried to reason with her and it failed, buy a new mattress and deduct it from the rent.

I also found out she has not held my deposit in the assured government scheme.

See http://www.consumeractiongroup.co.uk...ml#post1184266 especially this paragraph: Application to the Court
But the question is: if the OP has a license not AST, would TDS apply?

we were without a kitchen and bathroom for over 3 weeks, we were told it was tough. I ended up eating out loads and having to shower at the gym.

See http://www.consumeractiongroup.co.uk...ml#post1198544

I have no intention of staying and will be leaving.

Well, pay attention to the thread about deposits, as the rest of the stuff would be pretty irrelevant when your license expires.

The final straw is that she has continually gone into my room even though I have told her its out of bounds.

See http://www.consumeractiongroup.co.uk...tml#post641916 but yet again, question to resident specialists: if the OP is a licensee, does the access restriction apply?

Or is it a case of just walking away.

Most recommended (except if the tenancy protection issue is confirmed as valid for licensees too). Teaching awkward people "a lesson" is usually more stressful for a teacher then for a bumbling fools he is trying to teach. Leave it, walk away.

[lindyhop]

Hi Sounds like you have had a bit of a bad time.

hope you have read up on the stuff about tenancy depo's now. the landlord is supposed to tell you within a short period of time after you have moved in, who they have lodged your depo with, you can take them to court if they dont and get financial recompense.

how well this scheme actullay works will only come to light within the next few weeks with the first set of 6 months tenancies coming to an end. if your suspect the landlord is going to give you grief about getting your depo back have a word with 'shelter advice line' excellent advocates they may be able to have a word with your landlord on your behalf. you'd be amazed at some of the results they can achieve.

if you would be interested in social housing is your name on the housing register? did you know you can put your name down anywhere, and be on more than list at any one time. it helps though if you have local connection to that area, ie family (mother, father, brother sister, adult children) - or if you work in that district. if moving to a new district local connection can be established generally after about 6 months (if no family or work ties to that district). i am aware of 1 particular district earlier this year where getting a place as a single person was happening pretty quick, situation may have changed a bit now but if you would consider moving outside london it wouldnt hurt to try some of the district outside london.

good luck

[Ed999]

The o/p seems to be a lodger (i.e. a mere licensee), not a tenant, because she does not have exclusive possession of essential living accomodation, e.g. the kitchen and bathroom, if the only rooms which her contract gave her exclusive use of was two bedrooms and a sitting room.

If she is not a tenant, she has no rights under the Landlord and Tenant Acts.

A mere contractual licence is not protected by the landlord and tenant laws, it is just an ordinary contract. The o/p could sue if the terms of the contract were breached.

I recommend she consult a solicitor before suing, for advice about the actual terms of the contract and its legal effect, and whether there has in fact been a breach of contract or not.



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[Ed999]

In the bad old days of the Rent Act 1977 a line of Court decisions culminated in the leading case of Street v Mountford, which decided that the distinction between a tenancy and a mere contractual licence was the presence (or lack thereof) of exclusive occupation.

If the occupier has exclusive occupation - that is to say, the legal right under the terms of the agreement to exclude the landlord and all the world from the rented premises - then the occupier has a tenancy.

In the case of shared accomodation, this was refined in a line of further court cases into a question of whether the occupier had exclusive use of "essential living accomodation". If the premises let consist of a single bedroom in a house, there is normally no exclusive occupation, because of the fact of the shared use of the kitchen (i.e. the cooking facilities) and the bathroom.

It matters not whether the occupier is sharing them with the landlord or with other lodgers, the occupier does not have the sufficient exclusive use of the premises that makes them self-contained, and therefore capable of being a dwelling in themselves.

One flat in an apartment building is obviously a seperate dwelling. But one room in a house is clearly not a seperate dwelling. Intermediate cases can get quite complicated. But the lack of exclusive use of cooking or washing facilities was usually fatal to the claimed existence of a tenancy.

It is always necessary to consult a solicitor who has access to the latest court decisions in this complicated area of law.



Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.