Apologies for coming in on the tail end of a thread, especially where so many before me have already been giving good advice for you. Hope the following also helps though: Over the years have often found it 'helpful' to drop a screw through windows and doors- especially sash windows, as so easy to open from the outside - to stop them being prised open. Yes, you could consider boarding the windows over, but it depends on circumstances and how long the property will remain vacant. Speaking to the neighbours too - and being on good terms with them - whilst ensuring they have all your contact details is especially useful. If they know someone may try to force their way back in they can be very useful 'eyes and ears' on the ground for you. You musn't deprive the former tenants of their belongings, but I'd suggest you only allow them access to take away their belongings when there is more than one of you in attendance. And make sure they clearly understand they will only have x period of time to remove their items, after which you need to lock up and leave. Clearly they will not be allowed to remove items without you (and your family/friends) being in attendance at all times either. With the cold weather already upon you need to consider draining the water system down anyway to prevent against burst pipes and the like. Don't forget meter readings too - gas, electricity, water, if appropriate (as well as any telephone lines) - and get those read and dealt with asap. If there is furniture still in the property it might well be on HP/the never never and so the former tenants may never never be back for it anyway. If there is any post alerting you to FurnitureDFSLeatherWorldetc then might be worth closing off those avenues too, by making some discrete calls... although, of course, you should never open someone else's posts. Accidents do happen, of course, so should you accidentally open such post sensibly you need to follow up on whatever you accidentally find. Best of luck too in getting it all sorted now.

Sounds like things are on the move! Can you get the MP and EH Officer to copy the correspondence on to you by email With regards the disruption to you and your family, however, how did the EH suggest you deal with "It may well be that the Environmental Health inspection may show the problems are not insurmountable though and the repairs are completed to everyone's satisfaction within the week. If so, that's a two week 'refund' on the rent, say, plus reimbursesment of any additional costs you may have incurred - so keep a log of all additional costs/time spent dealing with this matter. But you do need to spell all this out for the Agent, so you can rely on it later, if needs be" The Agent needs this spelt out to them, perhaps, so can you get the EH prior confirmation to the same - so as to not to step on the toes of the EH Officer (who seems to be on the case for you, so you want to make sure THEY are happy with you at least!) Good luck and here's hoping it gets sorted Also, side issue, if you are not living in the property all the time is there anything of value there that you need to move out to somewhere safer? I'm off now, hope to be back later tonight, but above all - best of luck!

My comments in red, hope this helps First off, I am typing quickly here, and doing so as if YOU were owed the money and/or were already being formally pursued by the Agent. That's not to muddle matters, more to get you on track to - clarifying what is owed - obtaining as much information about the former flatmate as you can, to use later - and to keep track of them too - whilst then writing more formally to set the former flatmate up. It's easy to ignore emails, but formal letters before action less easy to ignore, perhaps Anyway, typing at speed, but will try to come back to edit all this if anything is not clear! As before, hope that helps, will try to check back in later tonight

Couldn't agree more From what banksarggg has suggested there is less than one week to deal with this - both they and any advisor, whether informal (such as CAG, CAB, Shelter), or preferably formal (Solicitor, bearing in mind we're talking about the potential loss of someone's long term home here too) needs to know exactly what has been going on to comment further and/or assist I am sure that once we get further information back from banksarggg we can all, between us, help draft a suitable letter to the local authority etc, but something is either missing from what we're being told (banksargg, in typing that, no offence intended, sorry), or something has gone seriously awry with the Council... or something somewhere between, perhaps Whatever the case, banksargg clearly needs some help here Also, banksargg, should you check back here, please can you advise as to who is living in the property? Is it 'just' you and your partner, or do you have a family? ** as before, hopefully someone on CAG with direct local authority experience will be along shortly too, so, bump **

Quick reply now, but just to go back over matters 1) A complaint may well be necessary and may stop matters in their tracks, BUT 2) If CAG can assist with regards the possession we really need to know what letters/notices were received and when (and how) and 3) What's happening with the arrears too? The link you sent gave an address and email for you to send a complaint to, plus, there was a further address there you could use for your local authority councellor - from what I read last night you'd need to identify your local area to be able to direct it to the right person. Perhaps you could find all this out today? More importantly, perhaps, you need to know what has been sent to you for you to be facing possession so soon For the moment side step the lady you've been dealing with so far, perhaps, and simply speak with the manager direct - especially as you appear to be saying you are facing possession on the 15 Dec, after 10 years of having lived in your home How did this come about so soon, when you haven't received anything through your door - and the majority of your dealings appear to have been over the 'phone? All this really needs to be in writing too, to better protect your position, but the 15th Dec will be here in no time, so make the call as soon as you can As I say, speak with the manager direct though, if you can, and have them explain to you what was sent and when - then report back here too Above all, keep it polite though, as friendly as you can, but do make it clear you are really worried by all this - don't be drawn in to shouting matches, you just need the facts (and some friends too, perhaps, in the local authority) to work a way through this quickly. You need a friendly face from the local authority to help here too, but do give it to them plain - you've lived in your home for 10 years, - the rent has always been paid (has it?), and - fairly suddenly - following what appears to be adminstrative oversights and poor communication between departments and with you too - you have just received a call advising you that possession is required on the 15 Dec (if that is all what has been said, of course) Do not direct them to CAG though Ask them to explain what led you to facing possession on the 15 Dec (if that's what's happening) - what was sent and when and explain you haven't received anything on this in post, so how was it sent (if that's the case - or, if you did, explain that you were told not to worry, if that's the case too) I've also found that you can easily record these conversations using MP3 players and the like. Don't tell them what you are doing, not just yet, and don't make it too obvious what is going on either - test the recording by phoning a friend first too etc Also, look at the Shelter websites, usually very helpful, CAB too, and ** hopefully someone on CAG with direct local authority experience will be along shortly too ** Got to go, but do what you can today - keep it polite too - and report back Hope to be back later in the day too, but for now, good luck!

Hi, thanks for the link First off - and please don't be offended - personally I always took the view that it's the tenant's responsibility to pay rent, so, if there was a problem with benefits I'd always help (it was certainly in my interest to do so as an Agent), but I'd expect the tenant to be all over the problem too Here, though, there seems to be a serious breakdown in communication and I'm uncertain as to why In the back of my head I have this nagging story of a Care Home manager who deliberately set out to evict elderly tenants, BUT then re-let the premises on favourable terms to herself and other colleagues (it was in the news a couple of years ago, the details may come back to me later) I'm not suggesting for one moment that that is what's happening here Plus, you say that "she has delibratly waited this long to tell me , she reckoned she sent out letters (she has not) when i rang the council to speak to her as my husband had answered her earlier they told me "thats weird her ringing at 5.45pm as she finishes work at 5pm !!"" but, imho, these aspects of it may suggest, instead, a heavy work load, which, itself, brings about failings in basic protocol To put this in context, I don't ever recall having to call someone to say we were evicting them as the procedures followed (including proving service of notices and the like) were generally robust enough to let matters take their course i.e it was pretty much all done in writing and by way of formal notice. Yes, I did call people in an effort to recover monies, or smooth the way, but never to call, what, 10 days before 'possession' was due In the meantime will give some further thought as to how to approach this, hope to be back shortly ** I'm uncertain as to how the process works within a Local Authority and how they prove service of notice too, so hopefully someone else will be along shortly to help too **

45002, cheers for clearing that up, serve me right for reminising Some years back I considered charging tenants an admin fee, aside from recovering rent arrears and deducting monies from deposits for damages, should it become necessary to sort out their utility issues after they left Never proved necessary and, instead, the utility companies were always very grateful to have former tenants details passed on to them to help recover unpaid bills

Not liked, as how else do they protect against damage, unpaid utility bills and the like? In your case, however, you are leaving early, plus, there is the prospect of them receiving rent for a period after you have left - albeit they may inevitably claim they incurred costs in reletting, so you'll see none of your "over paid" rent back I'd suggest you get them to do a 'pre-check-out-check-out' so they can see the property is spotless, so as they can agree to you using the deposit in this way. No guarantees they will agree, but worth a punt (no pun intended) Grandma WAS pretty great, but I was too young to always realise it. Grandad too, the same, I used to go round to be 'told tales of old' whereupon the whiskey would be opened... as a young kid pretty hilarious and, no, neither he or I are/were alcoholics. Honest. Everything in moderation, dontcha know, even moderation itself Do hope it all works out for you and post again if any problems arise - which, from what you say of the Landlord, it might... Ah well, you'll be in your new home before Christmas, so best of luck!

My grandmother, long dead now, bless her, once had a neighbour whose dog used to cr@p on everyone's front lawns - with the full knowledge of the owner, who lived a few doors up the road That was, until grandma shortly after delivered a 'parcel' back to him one day saying "I believe this is yours - and I should be grateful if I don't have to see it ever again" She was Irish, her family was from Tralee, so quite forthright - and a dog owner herself too and never let her dogs do the same She never suffered the problems from her neighbours again Not sure such a thing would work now, but I laugh everytime I think about her and her idiot near neighbour

I have little direct experience of Local Authority lettings and how they "do things". The experience I do have with them was due to a Local Authority farming out their residential portfolio to the private sector... If they have advised that you raise a complaint, however, then I would either ask them to email you the relevant Complaints Procedure, or look at their website to see if it is available there. PM me their details and I'm happy to have a nosy In parallel, however, you need to urgently address the question of the repossession. The 17th December will be here in no time, so hopefully someone here at CAG will be along soon enough to help. If not, post again, but also approach Shelter tomorrow, CAB too, as well as asking to speak with the Property Manager's manager too, to ask themselves to explain what is going on... subject, of course, to the feedback you get from CAG, Shelter, CAB and the like Yes, on the one hand, Local Authority's have a problem (so I understand) with rent arrears, and are under pressure to cut costs too, but people should not lose their homes simply through poor communication and adminstration - whether on your part, or that of the Landlord either It's Christmas too, so time to sort all of this pdq now Good luck too

You need to - discretely - make sure this is understood between the parties, as (contractually) you are responsible to that date Yes, by default, the landlord accepting the keys means they have taken back the property BUT just you wait until there are burst pipes etc. The Landlord could well then be quick to say they hadn't seen the keys returned etc The key - if you'll pardon the poor pun - is to make sure it is clear as to what has been agreed, without explicitly alerting the Landlord as to the reasons why ie advise them that they take back full responsibility of the property, as you have gone, but no mention of burst pipes and the like ! Sorry if it sounds like I'm teaching you to suck eggs, but do hope this helps

You're welcome As they seem fairly grim to deal with - what is it with the dog for instance?! - then you could perhaps call them and simply say you're moving on such and such a date (and the most important bit ) ask them for an email address that you could use for them "as you've got to sort meter readings and the like" or some such Then, send them a short, polite email to get a reply from them. Once you know they respond to emails then send an email setting out some of the details discussed, above. Happy to help draft this / comment upon this later so you don't inadvertantly put a foot wrong. Hope that doesn't cause you any offence, just had too many years dealing with slippery Landlords (and Tenants/Leaseholders etc) ! There is also software available that will give you a 'read receipt' for any emails you send, without alerting the recipient as to what you're up to Above all, best of luck and look forward to hearing it all gets sorted

No come back against the Agent, not in the way you perhaps want, sorry You could send a 'polite' letter setting out your concerns. Best keep a low profile though until the matter is resolved Is the Agent a small independant, or part of a larger chain? Are they members of any association? Yes, you can pursue your former flatmate, but you have to weigh up the initial cost of doing so, against the sums involved, whilst considering whether or not there is any further money to be had What are you currently owed? Hope OK to ask Personally, I'd have your former flatmate confirm his/her intentions with regards the balance still owed, so you can take a view. Where a close family member of mine was owed rent a few years back I subsequently had the former tenant sign a 'promissory note' with regards the sum owed Promissory notes are evil things as they are effectively a promise to pay on demand and if tenants don't pay you can use it to pretty immediately raise a claim without too much fuss. I've not had to use one now for some years, but unless someone here posts otherwise certainly worth considering too Keep track of your former flatmate too, discretely, so you can always catch up with them later

No, not really, sorry Your 'last' rent will fall due on 12th December, taking you through to the 11th January 2011 Whilst you do not need to strictly give notice if you vacate before that date (plenty of other posts on this elsewhere - and if you stay one minute later you ARE required to give at least a month's notice - although I recall planner mentioning it being 28 days...) it is still sensible to advise your Landlord as to your intentions and make arrangements - to read and agree meter readings on your last day - agree the condition of the property, to ensure the speedy return of any deposit paid - return all keys and leave the property secure - remain on reaonable terms, if only to pick up on the last of any post that has not been redirected (especially so over Christmas!) Other questions arise, including, but not limited to - have you paid a deposit, if so, is it protected? If not, let us all know, without alerting the Landlord to the same just yet - you are contractually responsible for the property until the 11th January, so you will need to ensure the property remains secure - and 'heated' too, so that there is no danger of pipes freezing and so on. Otherwise you could be held liable for damage done - I'd suggest inspecting at regular intervals to watch over the property, in part, as you could been seen to invalidate the Landlord's Buildings Insurance if the property remains unoccupied for an extended period too Alternatively, let the Landlord know (in writing) that you have already found someone else to live and will be moving in to your new home on DATE1. Also, advise them that whilst you will have paid your rent to the 11th January 2011, you are agreeable to passing the property back to them on DATE2 (a day after you move in to your new place, gives you time to move across?), so long as - they agree meter readings with you on DATE2 - agree to return you deposit in full and without deduction - and take back the keys and, in effect, all responsibility of the property as of DATE2 Ask for - post to forwarded and also ask that - should they re-let before the January 11th that they apportion your last month's rent accordingly and reimburse you for the same, although you appreciate that they may not relet that quickly At least with a vacant property now, however, they are in a position to start reletting now, to help minimise voids in rental income. If they are agreeable to all this then you can say you will be happy to allow viewings at mutually convenient times too Whilst writing it might be sensible to alert them - in writing - to the problems you've experienced with rats and so on - and ask if they would prefer that you contact a Pest Control company, or local authority (who can often assist), and deduct the cost from the last month's rent, or, instead, would they prefer to arrange this themselves direct Similarly, you could suggest that they advised that they would grit, but have not done so, and would they prefer that you purchased the grit/salt yourself instead and deduct the cost from the last month's rent too I think that pretty much covers matters, but may well come back to edit Hope that helps though

Hi ! Leasehold is easier, in some ways, to take a Landlord to task - plus there are certain hoops a Landlord (dealing with a Leasehold property) has to jump through before they are even legally entitled to collect monies. But I'm pretty sure you know all of that already As mentioned above rental properties are different and I'd argue the balance of power is still far more with the Landlord. So, in disputes like this, make it clear to the Landlord (of a rental property) that until such time as repairs are undertaken the rent is being put aside in a Bank account - and the intention is to seek a reduction of rent for the period the repairs remain unresolved. But every case is different, hence the questions asked of the OP All back to document and die - and be reasonable and be seen to be reasonable too All of which I pretty much guess you know already

Aviva, thanks for drawing out the distinction here... With regards rental properties, I've always worked on the principle that there was no such law, so always pay your rent, or put the money aside so you're able to do so later, but I see now that I've not made this clear - and your post and Andydd's shed further light on all this! In the argy bargy of claim and counterclaim over disrepair, however, it is 'possible' to withhold rent and obtain rent free periods BUT it is down to the balance between a Tenant's negotiations and a Landlord taking a commercial view too The problem with dealing with a rental property and, in particular, Assured Shorthold Tenancies and disrepair is the balance of power on the Landlord's side. Yes, Tenancy Deposit schemes help redress the balance, but, in broad terms, a Tenant of an AST can be out on two months notice. Time and time again it appears Tenants come to CAG having not documented, in writing, the problems they have been experiencing, often relying on conversations and sometimes texts with Landlords If going down the route that Andydd is describing it really is a case of document or die... although no particular issues with what Andydd is saying, as have seen it happen first hand, as a Landlord, Agent and on behalf of Tenants too As Andydd says there are instances where you can avoid paying Service Charge and Ground Rent for leasehold properties, but that's different to what's being descibed here - and is whole other story in some ways Thanks all the same though for shedding further light on these matters

crossed posts

Personally, I would make the claim against the individual named on the Land Registry records and do it so whoever it was who was purporting to be the Landlord is named as the Agent too - and send it to all the addresses you have obtained so far, including that of the so called Solicitor, should you have their details. Make it clear in your submission that the Agent continually refused to return the paperwork to you, or, for that matter, answer your reasonable queries in any substantive way. In my mind it's less to do with you having to prove who is the Landlord, as such, more for the owner/Landlord to explain exactly what's been going on here. If you wish to PM me whatever details you have you are welcome to do so, as can have a look through. Whatever you send me will only be used to assist you and will not be released to any third party without your prior consent. Hope that helps!

I sometimes think it should be Lunatic Landlords and their Aggravatingly Stupid Tenancies (not Tenants, you'll note). Sorry, it's been a long day, couldn't resist LL = Landlord and AST = Assured Shorthold Tenancy

Personally, I'd be going down the route that the property is a hazard, unsafe, not secure, and no longer weatherproof. This has also led to your young family having been taken ill and having to seek alternative accomodation. If the Enviromental Health Department condemn the accomodation I'd be looking to have the Agent terminate your contact from the date you notified them and to return your deposit in full and without deduction. Above all, get out asap and be safe. It may well be that the Environmental Health inspection may show the problems are not insurmountable though and the repairs are completed to everyone's satisfaction within the week. If so, that's a two week 'refund' on the rent, say, plus reimbursesment of any additional costs you may have incurred - so keep a log of all additional costs/time spent dealing with this matter. But you do need to spell all this out for the Agent, so you can rely on it later, if needs be

denisek, hi, it's late and I'm typing at speed, plus I've just read Derbydads post elsewhere too and find I'm in an odd mood now With regards "you are legally allowed to withold a portion of your rent until they have sorted this!" etc this is not strictly the case and there are steps to be taken before a tenant can seek to withold rent. In your friend's case the Agent/Landlord may have just made a commercial decision - pursue the rent, or accept it'll be more grief/cost to pursue, with the danger of a counterclaim too I've seen Agent's deliberately 'lose' paperwork (one managed to lose a filing cabinet, another threw files out of a moving vehicle, so the story goes) so they could later claim, I suppose, they had no knowledge - plausible deniability and all that. I'd suggest getting an exchange of correspondence going (email is great for this, as people type as if they're chatting) and stitch them up first... Also, who is to pay? The Agent is not the owner, the cost of repairs may be outside their own contractual responsibility too, although I would say they 'should' have some mechanism in place to deal with matters like this, or, as I think I mentioned earlier, some way to mitigate, or minimise the likelihood of further damage (and claims!) arising Also, they may be instructed not to deal with this, so Miki123 needs to set all this in clear, unambiguous terms As much as I want to help give this Agent / Landlord a good (virtual) going over, it may well be the Agent has been told to spend nothing and so they have to spin it out for as long as possible. Yes, Miki123 needs to put them all on notice, but Miki123 is contractually obliged to pay the rent too Plus, there is the question of the deposit too to consider. As the many posts on CAG show Agents and Landlords alike can make things incredibly difficult for Tenants, so best not give the Agent any leeway Personally - and I'm not a lawyer, so happy to proved wrong on anything I've said - I'd put the Agent and Landlord on notice, drawing out all the issues we're been discussing here, and then get them to confirm their acceptance to Miki123's quite reasonable demands Please accept this is the spirit intended and would welcome comments For now though, shall call it a night I think

The AST will most likely be signed as LANDLORD c/o AGENT The Notice may be a Section 21 (pls confirm) and if so is fairly standard procedurally - and imho not worth worrying about at this stage, although do be prepared to have notice served on you I know you want Env Health to inspect first, but don't delay works. Take plenty of photographs, including when works are being undertaken (without being too in the face of the Agent / contractors they send). If anything, you want to be 'a friend' to the Agent / contractor, as they may then inadvertantly give you additional information! Use the information in these various posts - including the latest information on the stress cracks in glass/walls - and email the Agent on Monday setting it all out and putting them on notice as to what you need to see happen. I'm happy to help you out with this, as will others I'm sure, so post here with your draft if you wish Whilst on the one hand I'd want to move anything of value out of the room it sounds best that you stay out of the room for now - at least until someone suitably qualified has said it's OK to go back in there

Derbydad, I'm so very sorry for your loss. I chanced across this thread and am glad, but also upset and appalled that I did. I fully appreciate all this is 'anonymous', in some ways, but thank you too for sharing your news, as difficult as it must be for you and your family. It was only a couple of years ago I nearly lost a close family member who had attempted to end their own life and it was really only luck that meant they were not successful. And it was just bad luck, I suppose, that meant Michael appears to have been wrongfully accused and ignored by the Co-Op in the way he so frustratingly descibed. I'm still at a loss as to why the Co-Op appeared to have behaved so dreadfully. Yet, for whatever it is worth, re-reading Michael's posts, he comes across an 'innocent', which may explain the apparantly appalling behaviour on their part. He was right to stand his ground though and I am only sorry that he later felt he could not pursue matters. Seems strange to me to be writing in this way, but I do most sincerely hope that you and your family find some peace. x

PM me the Agent's details and let's see if we can quickly draft an email to properly put the Agent/Landlord on notice - and please, above all, don't over worry I'm sure you will receive additional input from others on CAG (I speak from personal experience, I've found CAG to be very helpful) and that all this may well get sorted sooner than later now. Problems do arise and hopefully once the Agent and Landlord are put on notice they'll pull their fingers out and get this sorted Also, is there anyway you are able to stay with your partner and young child with friends and family? Fingers crossed and good luck too NewSAHD

Ok, in that case, document the issues that you have with the landlord asap - in a polite, non aggressive, but firm way. Tell him what is wrong and what has been wrong since the outset, again, politely Get another place sorted and - in parallel - then give your notice. Tell him that you will read meters on the final day and ask him how he wants to deal with the handover ie any pre-vacation checks, agreeing meter readings on your last day, leaving the property secure, how does he want the keys returned, that sort of thing Otherwise all that may happen is he'll make a claim for damages and you STILL won't be free of him. Set him up now in (polite) correspondence so you can leave without any issues Hope that helps and good luck