Given reason to quit - but it's false

[Floppo]

Hi - I would really welcome some advice.

 

We started out on a 6 month Short Term Tenancy, in Nov 2006.

The property was in very poor decorative order but in a great spot, and as I am an interior designer and had some good ideas for the property and have many good contacts in the trade, I agreed with the landlord (via a management agency) that we would pay a rent of £1850 per month and I would carry out improvements.

The landlord contributed £2000 and we paid to have the walls emulsioned, new carpets laid and light fittings replaced.

The property was drastically improved (by me), and the agents took photos to send to the landlords in New Zealand and complimented us on the fine improvements. We paid a total of £10,000 approx and the landlord contributed £2000. We intended to stay in the property for several years, and actually asked to purchase the property.

As the 6 month anniversary approached, the agent called and we said we wanted to stay on. They said that the property would command a much higher rent now, and asked us for a rent increase of £100 per month. I noted that the improvements were carried out by us - therefore it would be unfair of the landlord to claim a higher rent!

We settled on £50 per month increase and the agents sent a letter confirming the new terms. We did not sign a new agreement. Our deposit was not moved to a Deposit Scheme ( Is this right? Can we claim that it should have??)

We then decided to offer buy the property. The landlord accepted our offer in 2008 and we started with the conveyancing.

When the slump in the property market happened, we went back to the landlord with a revised offer - inline with market movement. He refused our offer and immediately gave us notice to quit! His reason given (does he have to give one?) was to carry out essential repairs on the property which would involve lifting carpets and floorboards - making the property uninhabitable for several weeks.

Quite unexpected, and a huge trauma and upheaval for us - a family of 6 with 3 children in a good local school etc.

This is the question......

• We suspect that the landlord was miffed that we were reducing our offer and thought he would give us a good dose of inconvenience and expense in return.
  
• We know the landlord was aware that he could charge a higher rent if he remarketed the property because of the improvements we had carried out.
  
• We believe that the property has been re-let without the 'essential' repairs being done.
  

Is this right? It doesn't feel right to us. We have had to rent another property - quickly. Our rent is much higher as it was the only suitable property to rent in the area in the time given. Can we claim against a landlord who gave us notice to quit for reasons which were not acted upon? We suspect he used repairs as an excuse - but the real reason was to remarket the property for a higher rent.

 

We have other issues going on which I will post seperately - we didn't get our £2700 deposit back (again, we feel we were victimised because the landlord lost the sale on his property)

 

I'm sorry it has been a long post, but when I read the welcome messages it appears that a lot of info is required for you helpful people to respond effectively.

 

I really appreciate your help - thank you for your responses which I await with hope and grateful anticipation!

 

Michelle

(Berkhamsted, Herts)

[help me kick his butt]

Hi there Michelle. I'm sorry for your situation. It appears to me that you are right and your LL realised he could get more rent for his property.

However, I think that as your tenancy had moved onto a rolling tenancy, ie no new contract, that your LL unfortunatley does not need a reason to ask you to leave and has to give you 2 months notice.

As for your deposit, there was no need for the LL to protect it as it was paid before April 2007 and no new contract was signed.

Sounds like your LL has profited very well from all your hard work and money spent and although this would leave a bitter taste in my mouth too, it is a risk you take when decorating and refurbishing rented property.

Its a shame there was no contract to say that if you spent money on the property that you would be able to be long term tenants.

Please note, all above is said with kindness, and I hope you have better luck in the future, as I'm sure you are aware maybe now is the time to buy again x