Landlord being a Git

[borisbeaver]

At the beginning of May, our landlord gave us 1 months notice to quit the property due to financial problems. I reminded them that landlords have to give 2 months notice. She retracted her letter and issued a new one.

She made an appointment for prospective buyers to view the house yesterday, which I agreed to begrudgingly (Sundays are the only day I have to relax).

She called us last night, very antagonistic, saying that the house was filthy (which it wasn't. We'd spent the morning going from top to toe). I have two children and they had stuck posters on the wall with celotape. Some of the tape had come away and taken the paint with them.

Having rented before, I know that any damage done would need to be made good, but her whole attitude stunk.

She wants to come round in a couple of weeks time to discuss the state of the property.

This has not helped my marriage and I do not want her visiting. I know what needs to be done to the property prior to hand back and I have drafted the following letter.

I would like some comments on the wording.

It’s very upsetting for you to describe the house as filthy. As responsible tenants we know that any damage that has occurred has to be rectified before we vacate the property. Although the contract does not require us to, the following will be done:

• All carpets will be professionally cleaned
• Where paint has come off due to the children using cellotape to put posters up, the paint work will be made good.
• The house will be cleaned throughout, including the cooker and oven.

Having to vacate the property has been an additional strain on our marriage and is the final straw. When we vacate the property we will be going our separate ways.

Because of this, we will accept no personal calls to the house or by phone. Any further communication will be via letter.

I will meet you at the house 5pm July 1st to hand over the keys.

[MrShed]

I would not put any of what you have put above.

I would simply write to her stating three simple facts:

- You have no obligation to keep the property in any particular state until you return possession to the landlady.
- You have no obligation to allow access to the property under any circumstances, and you will not be doing so without notice in writing, and you then retain the right to refuse such access.
- You request that all further communication will be performed in writing only.

Wouldnt put any of the rest of your bits. I certainly would not put in writing that you will perform certain jobs before you leave - it is committing you to things you do not NEED to do.

[borisbeaver]

Thank you MrShed.

I just wanted to show the landlord how annoying she was.

Best left to being less emotional.

Boris

[borisbeaver]

Things have taken a turn for the worst.

Landlords' husband turned up on the door last Saturday telling us we have to get out.

Unfortunately I was out so my wife received this Gent.

It ended up with him saying, "You think we are nice people. We can be nasty went we want to be".

I took this as threatening behaviour and lodged a complaint with the Police.

Between calling them and receiving a call back, the Landlord came round to find out what was going on. I told her that I did not want her in the property and to leave. I also told her that I had reported her husband's behaviour to the police.

See first post about the notice to quit.

She rang me today, all sweetness and light, asking permission for a potential buyer to view the property. Her daughter is going to show her around.

If they want us out earlier, before the 1st, they would have to get a court order.

Does anyone know how long this process would take?

We have already started packing and have arranged with the new landlord to start moving in during the last week of this month.

[Joa]

If they want us out earlier, before the 1st, they would have to get a court order.

If they want you out at all (and you can't/don't want to go), not just before the 1st, they would need a court order.

The process can take months; l/lord applies to court->waits for a hearing->order granted->you are staying put-> l/lord goes back to the court to ask for enforcement order->waits for the hearing->order granted->l/lord applies to court bailiffs to enforce order->bailiffs office is backlogged for few weeks....
It can take up to 6 months.
So next time the l/lady or her hubby get stroppy, show her this scenario. It will give them nightmares.
Having said all that, there is no reason to actually put this scenario to play on purpose (as you'd be liable for all l/lord's costs -court & bailiffs)- luckily in yor case you have somewhere else to go. You can use it though as a leverage in your negotiations.
Good luck, huh

[DonnyG]

What an unpleasent experiance you are having. I hope it all works out for you.

[borisbeaver]

I had an interesting meeting with my councils housing team today.

I am looking for assistance with the deposit for a new rental property. As part of the interview process, the housing officer looked at all of my documentation and informed me that the notice to quit was unlawful.

The housing officer is going to take this up with the landlord.

THis basically means that the landlord is going to have to send out a new NTQ giving us 2 months notice. The notice period must be up to the next rental payment date so this means that if I get a new NTQ today, then we wouldn't have to be out until 31st August.

This would seriously pee the landlord off.

I also mentioned the harrasment we had got and she is going to take this up as well.

The deposit scheme, that the council offer is two fold. Either Cash to the landlord and they are then required to deposit it into a TDS or a bond, which is an assurance that if required, the council would underwrite up to the value of the deposit if the landlord can prove that the deposit has had to be spent. No money changes hand at the beginning of the tenancy.

[Joa]

excellent result, thanks for the update!

[borisbeaver]

Just an update.

We have now moved out and am awaiting for the deposit to come back.

Landlord says the property smells, even though the the carpets were professionally cleaned. It will be interesting to see what they send me.

[Esio Trot]

Originally Posted by borisbeaver

We have now moved out and am awaiting for the deposit to come back.

Landlord says the property smells, even though the the carpets were professionally cleaned. It will be interesting to see what they send me.

Time to fight fire with fire.

Firstly, was there a written condition and inventory inventory report that you agreed and signed at the start of the tenancy? This is very important.

If there wasn't one, then the landlord cannot make any deductions (other than outstanding rent).

Ideally you need a correspondence address other than where you are living now (in case of reprisals). Give no more than 30 days if your tenancy agreement is silent, otherwise allow the time given in the agreement.

As soon as the time is up, write a short letter saying that as there was no inventory and condition report agreed, and the time for repayment has elapsed, you expect to receive the full amount within 7 days.

After this period its then a Letter before Action and then court proceedings.

If there is no written evidence when you moved in, the landlord is on a loser.

[borisbeaver]

Still no sign of a return of the depost. The 14 days are up on Saturday.

I have already drafted my LBA. Can someone please sanity check it.

To Mr and Mrs Landlord

Letter Before Action

I entered into an Assured tenancy with you on 01/05/2006 and paid £425.00 deposit, in cash, to reside at xxxxx, xxxxx, xxxxx, xxxxx, xxxxx.

You have provided me with neither an entry/exit inventory nor a condition report. The property was vacated on 01/07/2007, without breach of any of the conditions of the tenancy, in a condition found verbally acceptable apart from a smell in the living room by you on 01/07/2007. You stated that the deposit would be returned within 14 days less any agreed retention.

You have so far failed to repay the £425.00 deposit or to identify any need of retention. At the time of vacating the property, I requested verifiable justification for the retention of any part of the deposit but you have not done this.

Please take notice that if you do not reply with a satisfactory response within fourteen days of receipt of this Letter Before Action, I shall have no alternative but to issue proceedings against you in the County Court for the remainder of the deposit. If I am forced to take my claim to court, I will also be claiming the fees incurred by myself in persuing this matter.

Sincerely

I have even gone to the point in drafting up my particulars of claim on MCOL. Can someone please sanity check this for me:

On the 1st July, 2007, Mr and Mrs boris beaver Vacated xxxxx, xxxxx, xxxxx, xxxxx, xxxxx. This property was rented from the defendants for a period from 1st May 2006 to 1st July 2007. A depost of £425.00 was paid to the defendants in cash. Details have been noted in the rent book for
the property.

At the start of the tenancy, no inventory or condition report was completed and agreed by the tenants with the landlord. On vacating
the property, it was agreed that the deposit would be returned within 14 days. The 14 day period has now elapsed and a letter before action was sent to the defendants via recorded delivery. It was signed as received on xx/xx/xx. This 14 day period has now elapsed and the required
deposit is not forthcoming.

This claim is for the return of the deposit of £425.00 plus £50.00 court fees.

[Esio Trot]

Originally Posted by borisbeaver

On the 1st July, 2007, the claimants Vacated xxxxx, xxxxx, xxxxx, xxxxx, xxxxx. This property was rented from the defendants for a period from 1st May 2006 to 1st July 2007. A depost of £425.00 was paid to the defendants in cash. Details have been noted in the rent book for the property.

At the start of the tenancy, no inventory or condition report was completed by the defendant. On vacating the property, it was agreed that the deposit would be returned within 14 days. Despite promises, the defendant has failed to return the deposit. The claimants sent a letter before action was sent to the defendants via recorded delivery giving a further 14 days. The defendant has still failed to return the deposit

Going straight for a LBA may not help your court case. You need to show that you have been reasonable before taking court action, so a letter before this would be normal.

I have modified your LBA slightly.

[borisbeaver]

I'm going to wait until the 28th before I do anything. This will have given the ex-landlord 28 days to return the deposit.

One thing to mention is they run a post office. If I take them to court and win, will this cause them grief?

Should I mention this court action to the post office?

[MrShed]

No - potentially slanderous. Just proceed as you are.

[borisbeaver]

I have just sent the following preliminary letter to the ex-landlords. I think it is fair and will show the Judge, if it goes to court, that I have attempted to negotiate a settlement.

It has now been 35 days since we vacated the property and have heard nothing from you.

I wish to make an amicable settlement of the return of the deposit.

As no written statement of condition of the property or inventory was taken upon possession then no deductions can be made.

I am willing to accept a return of £350 with the balance of £125 being used to cover wear and tear.

Please send a cheque, made payable to Mr Boris Beaver, for the amount of £350.00 to the above address within the next 7 days.

The alternative is that I start legal action through the county court at which point I will claim for the full amount plus interest at 8% apr and legal fees of £50.00.


Borisbeaver

One quick question though. What is the start date of the interest period? Is is when I first occupied the property, or when I vacated it?

[MrShed]

When you vacated.