Very Depressed & Landlord Issues Making Things Worse

[Reeny]

I apologise if there is information on this already in the forum, but I am too shattered and depressed to keep looking.

 

I live in a privately rented house but the rent has always been too much for me to afford. The landlord refuses to fix things, and when he does it takes him ages to do. I've had boiler breakdowns that took 2 weeks to fix. A leak with the boiler (and pipes?) that I've waited a year, so far, to be fixed. My landlord is impatient and rude. I live in a constant panic, especially if he calls or comes by. The house is right on the road and there are no other children for my autistic child to play with. These problems are just the tip of the iceberg.

 

I've been on a waiting list for over 3 years and I was, finally, offered a house. I had to decide that day whether I wanted the house, or not, and considering the problems I faced I thought it was important to say yes.

 

I knew I should give my landlord one month's notice, and have, but I didn't realise what a fixed term lease was. My landlord has said that if he doesn't find a new tenant I will have to pay 11 months rent. In the lease it doesn't say that, but I have only just found out about this law and that it is down to the landlord's discretion. I found this out after signing the lease to the new property.

 

I don't know what to do. I don't have a lot of money and I have BIG debt problems. I am also suffering depression and my son is autistic. I didn't move out because I wanted to, I moved out because I needed to. It would be next to impossible (and cause more problems) to wait, and hope, to be offered a house at the exact time a lease expires. Plus, I've been waiting over 3 years, who knows how long I'd have to wait for another offer.

 

I am paying for 2 houses at the moment. What makes me really angry is that he is always checking the lease to see what I owe, or what is my responsibility, but he has shirked on a lot of his.

 

Thank you to anyone who can help.

Edited May 1, 2009 by Reeny

[Tonka99]

Hi Reeny

 

Welcome to Cag

Have you been to CAB for any advice

Are you on benifts

Have you left the House yet

 

Help will come your way we take care of each other

on this site when i first joined i knew nothing of my

rights and was as you are now feeling down and out

 

Things will get sorted for you lets face it your old

Landlord cant have what you dont have and because

your son is your main priority the courts would be on

your side .

 

I hope you sort this out soon post up some answers

to the above and someone with more knowledge will

come along to help you .

 

If you have Debt problems please read up and start

New threads to each one help is here for you .

 

Wishing you & your son the best in your new home

 

Take Care

 

Tonks:)

[Reeny]

Hi Tonks,

 

Thank you very much for the reply. I was beginning to worry that I wasn't going to get any at all! Your kind words have made me really supported. I feel like I'm closed in, with no options, most of the time.

 

I spoke with the CAB before the estate agent told me the news. The person at the CAB wasn't as specialised with housing issues, but showed me a leaflet that spoke about fixed terms, etc. It stated that it was down to the discretion of the landlord whether the tenant pays the remaining rent of the term. Afterwards, the estate agent told me that if there isn't a new tenant by the time I move out, I'll have to pay the 11 months rent. It never stated that in the lease though but it must be a law.

 

I haven't left the house yet. I've given one months notice and have to show people around. I have the other property already though and will be moving in most things this coming week.

 

I've been dealing with my debt problems for years and I used to be with a company (one that didn't cost me) who helped organise my debt and pay it off. However, I am not getting as much money now and couldn't afford to pay my debts off, so the company told me they couldn't help anymore. Then I went to the CAB and they said my debt is so bad that I will have to go bankrupt - which costs money to do and can't afford to do it!

 

I know this isn't the debt forum, but I wanted to answer all your questions, and show people where I stand.

 

Thank you very much for reading and replying. I feel like I'm in an awful mess and it's difficult to see a way out. Hopefully, there will be some good news on the horizon.

[Steve__M]

If, as it sounds, you've recently signed a 12 month AST, then yes you are tied to its terms.

 

However, if the landlord finds a new tenant then you will be in a much better position.

 

It's probably best to do what you can to encourage prospective tenants to take the place, maybe by ensuring it is kept tidy while you move out etc.

[Reeny]

I have no money to pay 2 rents. I needed to go into social housing because I couldn't afford the rent here - which the landlord had raised again this year. Plus, the condition of the house wasn't good enough, he refused to fix things, and is still putting off other jobs. He's rude and impatient. He makes you feel bad asking him to fix things. One time he said he should sell the place.

 

I've been waiting over 3 years for an affordable property, and it would have been very difficult to be offered one at the exact time the lease ended. I had no idea what a fixed term meant because it never mentioned that in the lease.

 

Other people have left his properties before their lease was up and he hasn't done this to them. I assume this because he had to ask the estate agent what he could do about me leaving before the lease ended.

 

The previous next door neighbour told me that their have been many complaints about him, which was told to him by the estate agents.

 

I know there has to be great landlords out there, who have problems with tenants, but why does it seem that, in my experience, the landlord can get away with more? Who suffers here? The estate agents, the landlord, or the tenant? The landlord will be in his element now as he will be getting money for a house and won't have to worry about fixing it at all now, which he barely does anyways.

 

The law should not be black and white. The law should depend on individual cases.

[Blossomandebony]

Hi, Reeny,

 

The landlord has broken the terms of the lease by not fixing your boiler, maintaiining the property etc. A contract is a two way agreement - he cannot deny his responsibilities while claiming you have breached the lease! (unless he is an idiot!).

 

A court will recognise this and take it into account if any action is taken against you.

 

For now, I would compile a list of all the repairs he has failed to do, dates when you requested help, details of his aggressive attitude etc - then you will be prepared if he does take action. . . and get out of that house as soon as possible!

 

BAE:)

[Reeny]

That is what bothered me the most: the unfairness of him not holding up to his side but being unreasonable with me. Always demanding to do this and that but refusing, or putting off, fixing things.

 

Thank you for the reply. I've been feeling really down today. I'm trying to juggle so much at once right now, but I can't focus because of this. It's the only thing I think about.

 

P.S. I like your picture.

[Blossomandebony]

Hi, again,

 

Sory you're feeling down, Reeny. Most of the people on here are either feeling stressed by similar problems, or have been through it. So you're definitely not alone!

 

I'm dealing with mortgage arrears and credit card debt and various nasty Debt Collectors at the mo', but I've learnt to channel my anger and frustrations into positive actions - and I'm sure you're on your way to doing the same.

 

Try not to worry too much about the creep of a landlord you've got - in a month you'll be away from the situation and if he has the nerve to take any action against you I am sure you will get lots of help to fight it from this site. (That is, IF he takes action, for in my opinion he sounds like a chancer who thinks he can get away with cheating people so long as they don't fight back and understand their rights.)

 

In essence, I would focus more on any other debts you have, and how you can sort them, plus saving to make your new place nice.

 

BAE

 

(By the way, the photo is of my cat, Flossy . . .)

[jackieandwayne]

Hi, you have done the right thing morally, for your son and your pocket. Don;t beat yourself up over it, of course you had to take the social housing.

 

Are you on HB? Then apply for an overlap payment of up to 4 weeks. This is where under some circumstances they will have to pay rent on two properties for your for up to 4 weeks. Just pop in and see them or phone them and ask for the forms.

 

Now, the landlord has made you ill with worry and I feel its payback time.

 

I assume you still have access into the old place? If not then a whole new picture emerges, but we'll assume you can get in. Because you need to take photo's of everything you have asked to be repaired which hasn;t been. You need to record and photo stickers on gas appliances to show when they were serviced etc.

 

When you have got all the info you need, then its time to contact the Environmental Health Department and ask for them to come and check the property out. They can force your landlord to carry out repairs before he lets it again. Depending on the condition of the property, if you felt it was unsafe re: fire precaution works, then there's nothing to stop you calling the local fire station and asking for the fire officer to come out and advise you! If he finds anything wrong, believe me your landlord will be acting like a different man once they've finished with him.

 

Now its up to you what you do, but the poster on here said it all - he cannot get blood out of a stone, and whilst everybody shudders at the thought of a CCJ, well, at the end of the day, at least he won;t be able to hassle you any more for money, and the Court will decide what you should be paying.

 

I can tell from the tone of your post that you are quite nervous about this and I can empathise with that - however, stand up to this man, even if you know you are going to have to tell him to whistle for his money, because you will feel better for it. Your priorities are secure affordable and safe housing for yourself and autistic son, most of which you have now achieved, so well done. This is what you need to concentrate on - he after all still has his bricks and mortar and can let the house again quite easily. Provided of course he plays ball with EHO!

 

Go on - cheer yourself up - give someone else some grief!

[Reeny]

Thank you very much Blossomandebony and jackieandwayne,

 

Both your posts have really helped me. I thought I had no hope but you guys have been so supportive. I've been through so much that when the landlord gave me a hard time, I just kept the peace. I realise now that that was the wrong thing to do because he thought he could get away with things. He probably also thinks he's done nothing wrong because I haven't complained.

 

I've been looking at my lease and their are pages and pages of what I'm meant to do, but only 4 points of his responsibilities. I believe the demands are unfair, but will have to check with a person experienced with housing issues. There is a lot of money that I will have to owe because of breaching the contract: my deposit, legal fees, re-letting fees, the months rent for the remaining term (which is 11 months), council tax, water, gas and electric bills - unless someone moves in, plus any other money they deem they've lost because of me.

 

I also believe that he has breached the contract by not fixing things, and by constantly coming by without calling, although, I think, he didn't come in - only went to the door and backyard windows, however you can see in the house out back. Plus, I have paid out of my own pocket for things - that weren't caused by my negligence.

 

The lease was confusing and I didn't understand it all. I thought I had to only give ones month notice - which I have and I'm paying for 2 places now. However, after reading all the information on here, other websites and leaflets it seams that only means when the term is about to end. In the lease it wasn't explained as clearly though. They might argue it has though but I have trouble understanding written and vocal words, although I haven't got proof, apart from going to a speech class when I was younger.

 

I'm afraid this might get messy. I will have to organise things and talk to a lot of people. On top of that: I've got to clean, sort, pack and move, make repairs, show people around (if there is any), look after my son who demands a lot of attention, write a statement out for my son that is due in a couple weeks, etc.. I hope I have the time to prepare properly.

 

Thanks again everyone, your support means a lot.

 

P.S. I've always wanted a cat but the landlord didn't allow them, lol.

[WelshMam2009]

Honestly Reeny, it sounds as if you have no assets so I really wouldn't worry.

 

Gather as much evidence as possible, as outlined above. If you are on HB then apply for the overlap as suggested. Also, take photos of the condition that you left the property in, preferably with the day's newspaper in view just to confirm the date.

 

Concentrate on your son and making your new place a lovely home.

 

I would be inclined not to pay your former landlord and, if and when he chases, advise him that you consider him to be in breach of contract due to his failure to promptly undertake essential repairs.

 

If he harrasses you, then call the Police. If he takes you to court and wins, the judge will take into consideration what you can afford to repay. This may be as little as £1 per week or month. Your landlord can't apply for a charge on your property because you don't own one. He can apply to make you bankrupt and, in doing so, will save you the hassle of finding the fee!!

 

Is your landlord holding a deposit? If so, then I guess that he might not return this in the circumstances, whether or not he is entited to is a different matter which I can't comment on!!

 

Good luck and I hope you enjoy your new home with your son

[callumsgran]

Honestly Reeny, it sounds as if you have no assets so I really wouldn't worry.

 

Gather as much evidence as possible, as outlined above. If you are on HB then apply for the overlap as suggested. Also, take photos of the condition that you left the property in, preferably with the day's newspaper in view just to confirm the date.

 

Concentrate on your son and making your new place a lovely home.

 

I would be inclined not to pay your former landlord and, if and when he chases, advise him that you consider him to be in breach of contract due to his failure to promptly undertake essential repairs.

 

If he harrasses you, then call the Police. If he takes you to court and wins, the judge will take into consideration what you can afford to repay. This may be as little as £1 per week or month. Your landlord can't apply for a charge on your property because you don't own one. He can apply to make you bankrupt and, in doing so, will save you the hassle of finding the fee!!

 

Is your landlord holding a deposit? If so, then I guess that he might not return this in the circumstances, whether or not he is entited to is a different matter which I can't comment on!!

 

Good luck and I hope you enjoy your new home with your son

Ditto what welshmam says and another interesting point is, has he placed your deposit in a deposit protection scheme? I bet he hasnt!

[Reeny]

WelshMam2009 and callumsgran thank you for your replies.

 

He has my £500 deposit which was given to me from my mum because I couldn't afford it. I was hoping to give her that back but it looks unlikely. He has not put the money in a deposit scheme. I think the lease stated it was put in a stockholders account but I'll have to double check.

 

I'll have to gather up all the information but it'll be a tricky juggling act. My landlord thinks he is generous and fair. I hope he realises how unfair he has been.

 

I am, perhaps, in a better position than others though, as I have virtually nothing for him to take - apart from my marbles, lol. Plus, I have a home I can move to, instead of being kicked out. That was what I was afraid of happening before if I stood up to him.

 

It makes me realise how important it is to advise tenants before signing contracts. As this wasn't a mortgage I didn't think of getting advice, or a solicitor. Plus, they should know they have a right to negotiate terms. If I get through this, and don't fail miserably, I really want to help others through situations like this.

 

Thank you both for your kind words and advice. I will tell him I believe he is in breach of contract too, after I get advice on my lease.

[callumsgran]

Then thats even better news for you, he has now committed an offence because as you have recently signed a new 12 month agreement he has to by law put your deposit into a deposit protection scheme and within 2 weeks tell you where it is

Things just keep getting better and better dont they?

Write him a letter asking which DPS he has put your money in, that'll shake him up a bit lol

 

If you took him to court he would have to pay you the deposit x3 so £1,500

 

Landlords expect tenants like us to be ignorant and a while ago we would've been..........................not any more!

Edited May 3, 2009 by callumsgran

[WelshMam2009]

Write him a letter asking which DPS he has put your money in, that'll shake him up a bit lol

 

 

Now that made me smile Callumsgran!!

 

Also Reeny, remember that people can only take control of your life if you let them...so hang on to those marbles Girl!!

[Reeny]

I thought the DPS was for new tenants? That is very good news. Thanks for the heads up.

 

I've been re-reading my lease. I thought leases were meant to be clear and free of legal jargon? I never understood most of it and that is why I thought I only had to give one months notice. Maybe I am easily confused but this is what one part of my lease says:

 

"Without prejudice to sub-clause [8.1] hereof this Tenancy may be determined at any time after the term for which it is granted has expired by the Tenant giving one calendar months written notice to the Landlord or by the Landlord serving two calendar months written notice (as prescribed by section 21 (1) (b) of the Housing Act 1988) to the Tenant, of his intention so to determine it."

 

Yikes!

 

Plus, if the rent went into arrears for 15 days, "or any of the agreements on the Tenant's part shall not be performed the Landlord may re-enter upon the Premises and immediately thereupon this Tenancy shall cease.". How come he can do that, but if he fails to do things I can't leave and cease the Tenancy?

 

Thanks again and sorry about the legal jargon on a Sunday night, lol.

 

P.S. The past couple of days I've felt like I was losing my marbles but I am feeling better now. It is going to be stressful this month but, hopefully, more good stress than bad stress!

Edited May 3, 2009 by Reeny

[Tonka99]

Hi Reeny

 

Just dropped in to see your ok

which it seems you are, lots of good advice and it

just gets better by the post

 

keep smiling

 

cheers

Tonks

[callumsgran]

Where on earth did he get that tenancy agreement from?

Is there any chance you can scan it up?

There is no way legally he can enter your property when you are only 15 days in arrears, so dont worry about that

[jackieandwayne]

"Plus, if the rent went into arrears for 15 days, "or any of the agreements on the Tenant's part shall not be performed the Landlord may re-enter upon the Premises and immediately thereupon this Tenancy shall cease.". How come he can do that, but if he fails to do things I can't leave and cease the Tenancy?"

 

Renee, this is sheer pooh. He cannot enter your premises and cause the tenancy to cease! Illegal. On the basis of this, i would take this so called agreement off to Shelter (free) and let them have a field day with it. And also tell them you are afraid of him, and everything that has hapened throughout your tenancy.

 

This is what must happen if he wishes to legally regain his property due to rent arrears. he has 2 choices. He can serve you with one of two Notices of Seeking Possession - could use both if he wants to waste paper. One is known as Section 8 NOSP which is for arrears, the other is Section 21 NOSP and this will bring your tenancy to an end albeit via the Court, not him.

 

I think he should use the Section 8. He has to serve this on you before he can start any legal action. The NOSP will have the details of any arrears, and a date on it after which legal action can be commenced this can be 2, or 4 weeks etc. After that date, if the problem still exists, he can apply to the Court for a possession hearing (will cost you £150) and the judge will set a date that you must leave. If you remain in residence after that date the landlord must apply to the Court for a Warrant of Execution (to evict you via the bailiff - not him) (another £95 for you I'm afraid). You do not leave unless the bailiff tells you to. When the warrantis issued, you can still go back to court to ask for a stay if want, but you may or may not get this and it wouldn't be for very long either. UNLESS ... if such a NOSP is served, read it carefully and look to see what Grounds he has used - If he had used Ground 8, the judge has little say and possession is mandatory. However, if he has been silly enough to use Grounds 10 and 11 (if you have not yet reached 8 weeks or 2 months of arrears) then this gives the ball to the judge and HE will decide what happens with your tenancy.

 

He may instead use a Section 21 NOSP, and this is mandatory and purely a paper exercise. there is little the Judge can do to help you except grant you up to 42 days extra before you leave, due to hardship. If there are rent arrears, he'll have to apply separately for a money judgement, and he will need your new address to do this - so tell him to stuff himself. If you get hassle at work you report this to the police, or better still, you get you manager to report his unwelcome visits to the police.

 

With the former type of judgement he can ask for a money order rolled up in the proceedings.

 

Probably, because you simply want out, and I support you 100% in that because of your circumstances, you'll be gone before he starts any of this. I should let your employer know (if there's a welfare officer for instance) what is going on and tell them you are so afraid of this man and are terrified he's going to turn up at work - forewarned is forearmed. A decent employer should be prepared to shield you from unwelcome visitors at the work place. I say this because he is probably going to want to serve papers on you and if he doesn't have your address he cannot do that. And also, let the beat bobby in your new area know what is happening - he won't be happy to think a single mum is being harrassed and threatened by this man. Tell him you are aware at this stage that it is a purely civil matter, but you feel it could well escalate into something more later on.

 

I've explained the above so that if you have a confrontation with him, you can at least let him know that you know the correct procedure, you know all about illegal eviction, and you know you have the right not to be harrassed and threatened.

 

Grrrr - I hate hearing this sort of thing - give me his address - I am in such a strop today I could kill him dead at ten paces with my gob! Problem solved for you!

 

I'll keep an eye on this thread and if you post up everything that happens people willguide you and support you, and I will show you how to get even if he deserves. We'll have you laughing about this by Xmas!

[jackieandwayne]

Reeny I've just had a light bulb moment, have you met your new Housing Officer yet? If you have a good one (like me - boasting of course!) they can be a wealth of good practical advice and occasionally have been known to go guns blazing for their tenants. Worth a go and now that you have social housing, you ought to get to know the HO - it'll never do you any harm to know him/her!