Hi, this is my first post and I welcome any advice you can give me:
We moved in on 25-10-2006, paying a deposit to the LL, with an AST and signed a new AST beginning on 25-4-2007 and another new one beginning 25-10-2007, ending 25-4-2008. It is a private let, managed by the LL.
They have given us 2 months notice, asking us to leave by 25-6-2008 as they are selling the house.
We asked them if they could extend our tenancy to end 25-12-2008 as we have somewhere already lined up to move into at that date and they agreed on condition that we keep the house "viewing ready". They came in last week to "do a few things" and show the property to the agent. He said that we had kept the property in very good order, looked after it and they were lucky as LLs. While they listed loads of things they would have different if they were living here while viewings were going on, he said it was all unnecessary other than mowing the lawn as it was all in good order, well maintained and felt lived in.
They feel differently though. They mowed the lawn and removed ivy from the garage wall, which seemed fine. Then they removed all the bushes in the garden that we had let grow and flower and really hacked at them as the garden was "not how they would have it".
They then wanted to come in and paint rooms upstairs that have scuffs on the walls. The agent said it was not necessary, but they insisted. We have a small baby and a toddler who both have allergies, so we refused on those grounds and said it would be inappropriate as we would have to sleep in amongst the fumes. They said they will come in and do it while we are on holiday for a week in May (the last time they came in during our holiday, they left the back door unlocked when they left putting our insurance in jeopardy).
They also left a new AST with an increase in the rent.
We have decided that they way they are behaving is just too aggresive for us and we just don't want the headache for another 8 months, so we have not returned the AST and plan to give notice on 25-4-08. Our rent is always paid, we've always allowed them access for inspections and their boiler guy in for maintenance, etc. We look after the house and have generally tried to be good tenants and involve the LL minimally.
Yesterday, the LL called and left a message in the morning and, as we were out and didn't get it, left another far more angry one later threatening all sorts of things such as:
- leaving a message on our answerphone will constitute 24hrs notice for them to enter the property from now on
- they give full authority for the EA, HIP person, tradesman, viewers etc to enter our property with or without our permission
In a follow up call, they also said that one of them will be coming in to "do some things", but we don't know what and they have said that, if they give notice, we cannot refuse them entry. Our AST states:
permit the landlords to enter the premises at all reasonable times giving the tenants not less than 24hrs proir notice (except in an emergency) to inspect and to carry out any works of maintenance or repair to the premises or elsewhere which the landlords may consider to be necessary.
MY QUESTIONS:
- Does this mean that they can come in any time they like to do anything they like, as long as they have given us 24hrs notice? (I though it meant only things they are responsible for, like the dilapidated fence, broken handle on an outside door and guttering, not my decoration or gardening)
- A kitchen cupboard door fell off and has a crack on the outside and a bigger one inside from where it hit a metal chair back. No-one was hurt, so we just fixed it back on. They want us to replace it. Our AST states that we need to replace anything "lost or damaged as a result of the tenant's misuse or negligence". Can they withhold the deposit for this or insist we replace it? We can't see how it would be misuse or negligence on our part.
- While I remember doing an inventory at the beginning of the tenancy that one of the LLs and I signed, I don't think I ever sent her a copy and don't have the original anymore. Does this mean they can't deduct anything from our deposit unless the house is clearly damaged - which it isn't? We think they are wanting the house back looking as if we haven't lived in it and feel more secure knowing our rights.
- They have not mentioned a TDS to us and we don't believe they have used one. I believe they should have put our deposit in one after we signed the current AST. Is this correct?
Thank you for any help you can offer us - I feel really distressed by their new attitude and clarifying the legalities will really help.
AST ending, LL selling, unreasonable LL demands? 
