Threatening ex- landlord

[Brokebuthappy]

Hi
I'm writin on behalf of a friend who's ex-lanlord is taking the you-known what

Her landlord agreed that she could waiver her 3months notice if the letting agents found him a new tenant. He now refuses to pay her back her deposit on the most petty of grounds.
-1st he wanted the whole house repainted- done
-The wall above the fireplace was repainted again, because he thought a shadow was a blemish- done
-Garage door re-hung- done
-A smidgeon on the kitchen laminate touched up- done by a professional
-Now because of a minute fingerprint on another wall he wants this repainting again
- finally becasue the repainted walls are 1 shade of magnolia different than they were originally, he wants it all done again.

The new tenant has now decided not to rent from him because of his atttitude & he has been dropped by the letting agent.
He is now threatening to sue her for 3 months rent- is he right?

[blacksheep1979]

How long was the contract for, what were the terms in the contract for termination of contract and did the new tennant sign an agreement?

[meagain]

Originally Posted by Brokebuthappy

-1st he wanted the whole house repainted- done
-The wall above the fireplace was repainted again, because he thought a shadow was a blemish- done

These are surely renovations, which the Housing Act states specifically are to be undertaken entirely at the expense of the landlord, with no money taken from rent or deposit to cover it.

He is now threatening to sue her for 3 months rent- is he right?

I would argue that trying to ask for rent for time when she wasn't a tenant is tantamount to theft. Also, you would need to check the terms for termination by the landlord. Under things such as the Unfair Contract Terms Act and the old CAG favourite, UTCCR, the contract cannot contain anything which deliberately unbalances the contract. If the minima allowed for the landlord and tenant are different, (e.g. landlord requires 3 months, but may give you only 1 month) then you can insist on the same (i.e. you may offer 30 days).

[Brokebuthappy]

Cheers i'll pass this on. Sadly i think the waivering of 3 months notice was a verbal agreement, which he is now reneging on.
I'll keep you posted.
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[blacksheep1979]

I would argue that trying to ask for rent for time when she wasn't a tenant is tantamount to theft

not so if she was still in her contract - it is irrelevant wether or not she was residing in the property, if she was still under a tennancy agreement then she is still required to pay - this is why I asked if the possible new tennant had signed a contract

[Brokebuthappy]

Spoke to mate again
Landlord has said he will only release her early if she redecorates to his satisfaction, she took him at his word, did all the work stated but he is still unhappy. It sounds as if he has her over a barrell.

I will get her to register & continue the thread herself as it sounds like it could get very complicated.

Thanks for your reply.

[Jhawc24]

Contact shelter they have a website, depending on the type of tenancy agreement the usual notice period is one month but the landlord has to give you two months.