Advice Needed re tenancy

[auto98]

Hi peeps, hoping someone has some good news for me

 

On 19/03/02 I signed a "Tenancy Agreement for letting a furnished dwellinghouse on an assured shorthold tenancy under Part 1 of the Housing Act 1988" - I only know this because I don't remember signing it, and 9 years afterwards I have finally gotten a copy after sending the landlord a letter.

 

I moved out around 6 months ago, but for a month or two kept paying rent (new GF house, we kept arguing, long story). During the time the flat was either squatted in, or was used as a dumping ground by someone, as I can't believe that anyone was living in it the state it got into, as there was rubbish waist high in all the rooms.

 

The proof of the date that they were there is probably unassailable, because there were pizza boxes with the date printed on them.

 

Since I know little about tenancy law, this is the letter I have written, but after someone else read it they said I should come here for help rather than sending it as written.

 

Dear Mr XXXXXX,

Thankyou for sending me a copy of my tenancy agreement, although it should have been given to me at the time I came to the property, rather than 9 years later.

 

1. It is now several years since mould growing on the walls was reported to you. You also saw this mould when you came to the flat to change something in the toilet (because the overflow pipe was dripping) to which you commented that “it should have already been fixed”. You had the roof “repaired” after I reported it, but not the walls (although even then the repair cannot have been proper as there are currently people again working on the roof). I was still waiting for it to be corrected at the time I gave up the flat. This would not be acceptable even if it were not a health threat. As it is caused by external factors it is the landlords responsibility to repair it, under the Landlord and Tenant Act 1985.
   
2. You have been aware since I moved in that the windows that were in place were not fit for purpose. They are now being changed, a full 9 years later, after I have left the property.
   
3. On Saturday 7th March I saw you in the property without my authority. If I am responsible for the flat then you were trespassing on my property. You are legally required to ask permission and/or give 24 hours notice before entering the property. Please tell me if you were in the property illegally, or if you accept I have no responsibility towards the flat.
   
4. After your aggressive and violent actions on the 9th March, where you first started shouting at me in the street, then forced entry into my workplace after me telling you you may not enter (despite me telling you not to enter the property as I was closing the door, you continued pushing the door against me until you forced your way in, then refused to leave when I told you to), I am not willing to discuss this matter face to face. All representations by yourself should from now on be in writing.
   
5. You knew that the door had no lock on it from several months prior to me leaving, not least from when you asked me why I was carrying a door handle around with me, and I told you there was no lock on the door, so I had taken the handle off to prevent too easy access. You stated verbally that "If you had told me there was no lock I would have had it repaired" - as you were aware why did you not have it repaired?
   
   
6. I should also point out that my electrics have not been checked since I became a tenant.
   
7. Finally, you still have my deposit of £120.
   

As you are no doubt aware, you are in breach of several of the obligations that you as landlord have to adhere to. Any court action by yourself will result in a counter-claim for these breaches. Please provide written answers and/or explanations to these questions/points.

There are no witness signatures, and neither is the "Notice of Landlords Address" section completed.

 

As far as I am aware the toilet fixing incident is the only time he has been in the flat during my tenancy.

 

So,

Is the tenancy agreement valid, as the flat was unfurnished and it states it is for a furnished dwellinghouse (and a flat, not a dwellinghouse, or is that the same?). What exactly denotes "furnished" rather than "unfurnished"? There was an oven (which incidentally was never checked by the landlord during my entire tenancy, a little under 9 years) and some cupboards.

 

Can I now do anything about the mould etc - it was half of one bedroom wall and a third of another, and was caused by the roof being in poor repair - as I say in the letter he had the roof repaired shortly after, but did nothing about the mould?

 

Am I entirely or in part responsible for the mess made by whoever it was?

 

If so, do I have any counter claims for any of these issues above?

 

Edit: Forgot to mention that there wa a neighbour (same landlord) who withheld rent for a long time because the landlord was told about a repair that needed doing, but wasn't done until that tenant moved out, at least a year later.

 

edit 2: There is also no inventory, which there should be according to the tenancy agreement.

 

edit 3: It now turns out he has been discussing my tenancy with work colleagues, as well as showing my boss my tenancy agreement!

Edited March 11, 2009 by auto98

[auto98]

Updated above

[johnhowell]

When did we jump to 2011? I calculate that you signed it 7 years ago next Thursday.

 

John

[Sali]

Well, I'm a little confused over the dates too. However, if you have never signed a tenancy agreement, I cannot see that the Landlord has a leg to stand on. A shorthold tenancy would be 6-12 months. A new contract is signed at each new term. If you wish to leave prior to the end of the contract you would give notice to the Landlord and he would have to give you notice if he wanted to reclaim the property. If it was me, I would write down as much of the history as I can recall, try to get the details of any witnesses such as your neighbour who had similar issues and then just wait to see what the Landlord does next. If he takes you to court (unlikely), he will have to provide the signed tenancy agreement, which it sounds as if he'll struggle with. Even if he proved you lived at the property and paid the rent, I don't think any judge would condone a Landlord who does not keep the property in a habitable state. Don't suppose you got any photos. Does this Landlord know your current address? I hope not. If he contacts you or your employer at your place of work repeatedly, report him to the police for harassment. Don't engage him in conversation. This guy will have to be as clean as a whistle - tax returns and all - if he proposes to take legal action. My bet is that he's all mouth and hopes to scare you to pay up. Don't give in to the bully.

[auto98]

Sorry my maths lol - was signed in 02 - 7 years

[Planner]

If the property has been trashed while it is under your care, then you will be responsible for repairing any damage. If the damage is as serve as you state that you can be almost 100% sure that a court claim is going to land on your doormat.

 

Sorry its not what you want to hear.

[auto98]

Does it make any difference that he knew I wasn't there as I had told him, and the flat is above the shop he works in every day?

 

And do I have any counter claim on the stuff he failed to do as landlord

 

And, can I make anything of the fact that he entered the property without my permission, which implies he recognised I was not responsible, else he was acting illegally?

 

If not, guess I'll have to pay for it from the money thios site has got me back on bank charges lol

[Planner]

Does it make any difference that he knew I wasn't there as I had told him, and the flat is above the shop he works in every day? - Dont see how. You where bound by the terms of the agreement to keep the property in a reasonable state and return it at the end of the tenancy in a reasonable state. The fact that you continued to pay rent and are unhappy about him entering without your permission is a clear indication that you considerd the flat 'still under your control'. The damaged happened on your watch, imho, your both legally and morally obliged to rectify damage to the property which happened while you where the tenant.

 

And do I have any counter claim on the stuff he failed to do as landlord - Yes potentially. You will be asked why you didnt do this though throughout your 7 YEAR tenancy... do you not think it might seem to the judge that you are just trying to find an excuse to get out of paying for the damage by bringing up a list of greviances?

 

And, can I make anything of the fact that he entered the property without my permission, which implies he recognised I was not responsible, else he was acting illegally? - I dont understand your logic, how does him entering the property imply he recognises that you arent responsible?

 

If not, guess I'll have to pay for it from the money thios site has got me back on bank charges lol - In my opinnion, it would seem that is likley

 

Good luck, let us know what happens.

[auto98]

Oh I'm only asking on the basis that he knew I was leaving at some point and that I'd emptied the flat of all my stuff - was just thinking that since the door was his responsibility, and he knew the lock was broken, whether this puts any of the responsibility onto him.

 

On the 2nd point, he was told loads of times about it, kept saying he was getting to it, and i stupidly kept letting him get away with it (I didn't actually spend much time in the flat even when i was living there)

 

3rd, I mean generally responsible for the flat, rather than the mess - i mean that either he was entering illegally, or was saying "I am allowed to enter without authority, because I am responsible for the flat"

[Planner]

Oh I'm only asking on the basis that he knew I was leaving at some point and that I'd emptied the flat of all my stuff - was just thinking that since the door was his responsibility, and he knew the lock was broken, whether this puts any of the responsibility onto him.

 

On the 2nd point, he was told loads of times about it, kept saying he was getting to it, and i stupidly kept letting him get away with it

 

3rd, I mean generally responsible for the flat, rather than the mess - i mean that either he was entering illegally, or was saying "I am allowed to enter without authority, because I am responsible for the flat"

 

Do you have it in writing off him anywhere that he was aware the lock was broken? - Because I can imagine his argument is going to be he never knew.

 

Its a difficult one, on one hand you as the tenant must be responsible for securing the property up to a point, and on the other hand, he as a landlord has certain obligations to ensure the property is maintained (in terms of the lock).

 

I would forget all the other stuff you have written, this is going to be the key point of consideration on whos responsible in my opinnion.

[auto98]

Well, i can remember him laughing about it in front of someone he knew (in his shop), but unfortunately I don't know who it was, so....

[Planner]

Hummm.... not very helpful for you.

 

There are two obvious branches to your question;

 

1) How to defend against the cost of clearing the mess up;

 

2) You making a claim for compensation for the list of issues.

 

I think you are going to have to keep them seperate, as I cant see how the landlords claim for compensation for break in and subsequent mess can be countered with a defence of moldy walls and unchecked electrics.

 

1) - Your key defence is going to be the security of the property and the issue over the lock. Your already on the back foot as you left the property empty for two months, if you had been there, no lock or not, the resulting mess wouldnt have happened. The only defence I can see is that you somehow show that the landlord was aware that the property wasnt secure.

 

2) I wont comment on this one because I think its something you should have dealt with during the seven years of your tenancy, rather than now.

[auto98]

Well, no action yet from the landlord (other than to stop me as I walked past his shop and say "I see your legs haven't been broken yet" which I obviously reported to the police, along with another couple of attempted intimidations)

 

I am also taking photos of the door every week or so - he did claim for a while that I had not told him about the door, but I now have the witness who heard the discussion - he told me "if i had known about the door I would have fixed it", well it is now getting on for 3 months since he knew according to his story , and it is still not fixed.

[Sali]

Quite frankly, I think he'll do nothing. I hope the police put the wind up him.

[jackieandwayne]

How about, because of his failure to repair the lock, you felt you couldn't stay there because you were insecure and could have been burgled whilst you were asleep or something? As the saga went on and he failed to secure your home, you felt you had to start removing your belongings in case they were stolen. You told him about it, you have a witness, you have photo's of it and now a police paper trail of his intimidation which shows his true nature. Now, you wouldn't want a man of that nature being able to enter your flat whenever he pleased would you?

 

I would have normally said, that yes, because you left the flat vacant, and continued to pay the rent, therefore allowing the periodic tenancy to continue, you were responsible for it. But then I read the bit where he mentioned "breaking legs". Well, you have a go at breaking his wallet, that will be more painful! Don't be bullied by this pillock.

 

And while you're at it, give Environmental Health a call and tell them what has gone on and that you are very concerned for the safety of the next tenant in!

 

Good luck.

[auto98]

New development - He is trying to get my new address to "take me to court" - I doubt that is the real reason tbh, but anyway.

 

I notice above that Sali says "This guy will have to be as clean as a whistle - tax returns and all - if he proposes to take legal action." - What would the effect be if say I happened to know that he didn't pay his tax? I mean, it wouldn't actually have anything to do with the case would it?

[Sali]

I think that dragging himself into the public eye if he isn't above board would be very, very, stupid, although it may not necessarily influence any judge.

 

This must be quite frightening for you. He has already been reported for intimidation. If he wants to take you to court (I just doubt it) then he knows where you work and he could easily leave the paperwork at the reception. So what other reason can he have? Further intimidation? Bad mouthing you to your new LL?

 

Did you alert the Environmental Health?

 

From all you have said, I cannot believe that this man would be such a fool as to take you to court. He sounds like one of those men that bayliff firms use to intimidate debtors for payment.

 

I just wouldn't give in. This man shouldn't even be allowed to be a LL.

[raydetinu]

I presume you gave him written notice of your intention to leave; any deposit involved? Why did you keep paying rent after you left, would have been a rolling tenancy and subject to one months notice.

[auto98]

I presume you gave him written notice of your intention to leave; any deposit involved? Why did you keep paying rent after you left, would have been a rolling tenancy and subject to one months notice.

 

My new place was a bit dodgy as regards the future, so needed to keep the first on for a month or two to make sure it was settled. Had a £120 deposit, not got it back LOL

 

So, once the original tenancy agreement ended (it was for a year), I was on a rolling contract? If so, what terms was it under - the same as the original contract?

 

Another development btw - he has cleared the flat out now, and (damn, as i write this i am thinking "why didn't i take a picture"!) hired a skip. The skip had a tiny bit of rubbish in it, and about 10 TV's from his shop. If he does take me to court I bet he will claim he filled the skip with rubbish from the flat, rather than the old TV's he actually used it for.

 

He has also finally got around to changing the windows, which were not imo fit for purpose (the grill type, with no insulation, so they blowed a gale), and i noticed that he still hasn't fixed the door, now nearly 8 weeks after he said "If I had known about it then I would have had it fixed".

[Esio Trot]

There are no witness signatures, and neither is the "Notice of Landlords Address" section completed.

 

Most of what else you write, apart from there being no inventory, is irrelevant. The bit I have highlighted above is extremely important though.

 

Unless a landlord provides an address in England or Wales where notices can be served, rent is not payable.

 

However, he can remedy this by serving you notice, and as soon as he does, all outstanding rent becomes payable.

[Planner]

So, once the original tenancy agreement ended (it was for a year), I was on a rolling contract? If so, what terms was it under - the same as the original contract?

 

 

Yes. A Statutory Periodic Tenancy (rolling month on month) under the same terms and rent as the original fixed term contract.

[auto98]

Yes. A Statutory Periodic Tenancy (rolling month on month) under the same terms and rent as the original fixed term contract.

 

About a year ago he increased my rent but with no new contract - is that allowed?

[Planner]

About a year ago he increased my rent but with no new contract - is that allowed?

 

There are a number of ways that rent can be increased under an AST;

 

1 ) A new contract at an increased rent is signed;

 

2 ) One of the clauses in the contract is a rent increase mechanism (i.e. 'the rent will increase by 2% on the 12 month anniversy of the contract);

 

-3 )The landlord serves a s.13 notice of a rent increase;

 

-4 )None of the above but the landlord proposes a new rent 'unofficially' and the tenant accepts it.

 

Rent can only be increased once a year.

 

I assume your rent increase would fall into catagory 4 above?