Multiple problems from ex tenancy - please help!

[rowenalovespink]

Hello, I could really do with your help as soon as possible.

I moved into my previous property in May 2007...everything was fine until my neighbour turned alcoholic and started getting naked outside my door, urinating on my possessions and being abusive in August 2008. I asked my landlord to fit a second lock on my door but he refused.

In October 2008 the lock on my front foor broke and my landlord was unavailable - I had to get a locksmith out and I fitted a new lock myself - all in all this came to £90. I handed the receipts to my ex landlord in person and have still not received the refund. Under which law is he expoected to refund this if atall?

Then, in April 2009 my landlord was seen by three people attempting to enter my property - I was under the impression they needed permission? Please could you tell me about laws regarding this? In May my cat had a broken pelvis so was on cage rest in my bedroom - when i came back later that day her cage had been opened (she most certainly would NOT have managed this), the window opened...and you can guess it - an almost repaired pelvis was shattered during the jumping out of the first floor...noone else possesses a key, I would never leave the window open and therein shows who the hell did this

My contract ended in december 2008 and i never renewed it. I therfore was under the impression that I could give a months notice and escape the hell hole. I duly did this Mid may, and vacated the property on June 18th - 6 days before i needed to and was paid up until. I handed WRITTEN notice BY HAND to the estate agent. However, Over the past 3 days I have been totally harrassed by the ex landlord wanting rent??? and denying all knowledge of ever having received any notice?! Is 14 calls a day for 4 days harrassment? He has been using obscene language in his voice messages.

I would really appreciate it if you could let me know where i stand

[rowenalovespink]

Sorry I realise that is a complete essay so will summarise it

1. What is the law regarding landlords entering your property without consent

2. What is the law regarding landlords paying for repairs? if I have provided him with receipt surely he has to pay me back?

3. If you handed someone your nitice in by hand, and gave them 6 weeks niotice when only 4 was needed, surely that should be sufficient? How can they deny receipt when it was litterally handed to them in person?

 

Any help would be greatfully received...I am a student and down to my last £1.23...desperately need my deposit back.

 

Thanks

[breakanegg]

Hey there, your experience sounds awful

 

I'm not an expert and can't advise on repairs.

 

However I also have a problem that relates to a landlords access so have sought some advice myself.

 

Have a look at this link regarding access, a landlord or any representative of his CANNOT access your property in your absence or without your prior consent, see this link.

 

Medway Council - Harassment

 

It is also covered in my post by another CAG member http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/206276-help-notice-viewings-disturbing.html

 

In terms of repairs I can't comment but hopefully a more in the know CAG member will soon. I do know that when my boiler broke down, my landlord was on holiday and out of contact. I arranged and paid for repairs and landlord reimbursed me.

 

In terms of dispute over rent, I would immediately write a letter and send signed for recorded stating that the amount is in dispute, all and any communication on the matter MUST be in writing and failure to do so will be considered harassment. There is an Act I believe called Protection from Harassment that might apply here. I'd suggest that any number of calls on a matter that should be resolved in writing (i.e. a disputed debt) constitutes harassment, regardless of the abusive nature of the call.

 

If you are able to record the calls then do so and if he calls "I will only communicate with you in writing, this call is over", then hang up.

[rowenalovespink]

Thank you for your help. I have found a lot of useful information from your links. I have also discovered how to block someones number on my phone, which has resulted in a much more peaceful day

 

I have drafted a very long letter with the help of the things I have found on here...with a bit of luck it should shake him up a little

 

I will keep you updated on my progress

 

All I can say is what a fantastic website with information on everything...am also hopeful I will get a few bank charges refunded too...this will be very helpful if I can pull it off. So glad to google for directing me here in my hour of need

[breakanegg]

Agreed, it's a very useful site. I've had my backside saved a few times with advice from CAG members

 

Quotes like Protection from Harassment Act, legal right to undisturbed peace, free from harassment etc tend to put the willies up creepy landlords.

 

Fortunately, regardless of our current dispute, my landlord is a pretty reasonable chap and would never do something as creepy and illegal as entering the property without permission. Normal people just don't do that.

 

Good luck!

[rowenalovespink]

Agreed, it's a very useful site. I've had my backside saved a few times with advice from CAG members

 

Quotes like Protection from Harassment Act, legal right to undisturbed peace, free from harassment etc tend to put the willies up creepy landlords.

 

Fortunately, regardless of our current dispute, my landlord is a pretty reasonable chap and would never do something as creepy and illegal as entering the property without permission. Normal people just don't do that.

 

Good luck!

 

Well, on my birthday of all days i was really ill (hangover!) naked in bed. when i ignored the ****when he knocked on my door he assumed I was out, let himself in and sauntered into my bedroom! what the hell he needed in my room is beyond me but I'm sure a naked female was not what he was expecting to find....cheeky so and so... I was not remotely impressed.

[300]

Done all that renting rooms and flats for years. Your sort of landlord is unlikely to want officialdom poking around in his affairs. So yes lots of official type letters but at the end of the day it is a civil matter so if he does not pay up all you can do if threaten him with court. Take lots of pictures before and on the day you leave to show the condition of the flat. He is unlikely to do this but is quite likely to claim the deposit was for damages or cleaning bills, if he has no photos you have the superior evidence. Be careful...now that you have got official letters out to him he is less likely to try it on even so...you could always fit a chain on the door, perhaps over the top if you are leaving soon. We males are opportunists just like you women, control the window of opportunity or risk losing control. Shame we can't all go round to his place and throw his cat out of the window.

[breakanegg]

Shame we can't all go round to his place and throw his cat out of the window.

 

Or throw HIM out of the window.

 

I'd also suggest there's a criminal element here. I'd be calling the police if he wandered in whilst I was in bed, that's after I'd taken the nearest blunt object and belted him with it.

[rowenalovespink]

thanks rather wish I was thinking straight but I was taken by surprise at the time. For a week after the incident I didnt even want to leave the place...I was a bit like a rottweiler guarding my property.

 

I have modified a letter that I found on here and added a few other bits and bobs, in case anybody can be bothered to read it ;-) Put my mums address at the top ofthe letter so he doesnt know where to turn up at my new place...

 

Dear ****,

 

I am writing to you concerning my tenancy of the premises at ****. I enclose a copy of the notice handed in to you in person 5 weeks before I vacated the property. Judging from the phone calls and voice messages that I have been in receipt of, **** were unaware that I had handed in my notice.

I have an eyewitness who was present with me at the time that I personally handed the notice in to a member of staff at ****; I cannot be held responsible for their administrative errors. Furthermore, I could not supply the landlord with a copy due to the fact I was never supplied with his new address when he moved house.

I request that you return my deposit of £500, as the premises were left clean and in good repair when the tenancy ended. Allowing for fair wear and tear, the premises were left in the same condition as they were in at the beginning of the tenancy.

As the deposit was paid after 6 April 2007, you the landlord are required by law to keep the money in a separate account, and to provide the tenant with a written statement detailing (a) exactly what the deposit covers and (b) when the money will be returned. Please provide evidence that you have complied with this statutory duty.

The deposit must not be regarded as extra rent, to be used to improve the condition of the property.

Any amount deducted from it must be equivalent to the amount needed to replace “like with like”. For example, if the carpet was worn at the start of the tenancy, you cannot retain the amount that would pay for a brand new carpet.

You cannot deduct the replacement value of any item, even if it was brand new at the start of the tenancy, as this would be "betterment". You can only deduct from the deposit a percentage of the item's value, based on (a) its on condition at the start of the tenancy (which you cannot prove since since despite the fact I requested an inventory at the beginning of the tenancy nothing was done about this or agreed and signed by both parties) and (b) the expected life of the item.

Nor can you make deductions from the deposit for general “wear and tear”. The tenant is only liable for damage that creates extra cost; the deposit is not there to provide a redecoration fund. You must redecorate at your own expense.

You must in any event prepare a dilapidation schedule, and you must have the relevant tradesmen give a written quotation (not an estimate) for each item of cost that you include in it.

I request that you give me receipts or invoices for work carried out, or quotations for work yet to be done. If necessary, my father will be more than willing to do this work for you.

The onus is on you to prove that there are circumstances justifying the retention of any part of the deposit, and to date you have not provided any such evidence.

I will therefore be in a position to demonstrate that it is unreasonable for you to keep any part of the deposit, should you be unable to produce the requested evidence and matters proceed to court.

You must remember that the deposit is my money. You must account for it properly. It is a common misconception that the deposit belongs to the landlord, but that is not the case and withholding it without proper grounds is unlawful.

I require your reply to arrive no later than 14 days after the date of this letter, together with your cheque for any amount not in dispute. If I receive no satisfactory reply by then, I will begin a County Court action for recovery of my deposit without further warning.

The Court can order you to pay back the deposit, and the proceedings are very straightforward. Also, the Courts are very sympathetic to tenants whose landlords do not fulfil their statutory obligations.

With regards to your entering the property without my express permission, I would point out that you were in breach of the law. The landlord has the right to 'reasonable' access to carry out repairs for which s/he is responsible, but s/he should always ask for the tenant's permission, and should give at least 24 hours' notice (s11(6) Landlord and Tenant Act 1985). If the landlord wants to enter the property for any other reason, for example, to show round a prospective purchaser, s/he can only do this with the tenant's agreement. The tenant is fully entitled to refuse his/her permission if the date/time is inconvenient.

The tenant has a right of quiet enjoyment of the tenancy. This means that s/he can occupy the premises without being disturbed by the landlord or her/his agents. Quiet enjoyment is an implied contractual right whether or not it is written into the tenancy agreement.

If the landlord enters the accommodation without the tenant's permission, s/he is committing a civil offence because:-

• s/he is in breach of contract, because s/he has broken the implied term to allow the tenant uninterrupted use of the accommodation. This is known as breach of quiet enjoyment; and

• s/he is trespassing on the tenant's premises.

Additionally, entering the property without express permission from the tenant is a form of harassment. That, coupled with the numerous telephone calls over a matter that should be dealt with in writing, provides me with a strong case against the landlord. I would remind you that harassment is a serious offence with both civil and criminal implications.

I look forward to hearing from you, in writing, within 14 days.

[rowenalovespink]

not sure why its decided to tell everyone what font is being used but never mind...

[Emma1973]

I'd take out all the bits regarding the LL's duties/rights/etc, about replacing and wear and tear, and mention that if you do have to take him to court to gain the deposit back, if it isnt protected that the judge can also award you the 3X deposit as well!

 

Keep it short, sweet and tell him exactly what you want!

[300]

Agree with Emma. no point in giving him ideas. Good luck with the new place.

[breakanegg]

Can I suggest the following? Agree with Emma, don't enter into discussion with them regarding the 'dispute'. That is for the alternative dispute resolution service, not them. Don't give them any opening. The issue is whether or not they have protected your deposit and subsequently, whether they have engaged an alternative dispute resolution service given that they are disputing return of the deposit and also whether they have passed on your deposit for safekeeping.

 

Again I'm not an expert but that is my interprtation of the requirements. Regarding threat of court action, remember to follow through. If they cannot confirm they have complied then file. Worst case you get your deposit back, best case they are forced to pay you 3 x the deposit but you have to get the ball rolling.

 

Good luck.

 

I write concerning my tenancy at premises xxxx, I enclose a copy of the notice handed to you in person 5 weeks prior to vacating the property. Following a number of telephone calls and messages from the landlord leads me to believe he/she was unaware that I had handed in my notice. I personally handed the notice in to a member of staff at xxx hours on xxxxxx date and cannot be held responsible for any administrative errors or failure on your part to notify the landlord. I was prevented from supplying the landlord with a copy directly due to failure on your part to supply his new address when he moved house.

The premises were left clean and in good repair when the tenancy ended, you are therefore required to return my deposit of £500. Allowing for fair wear and tear, the premises were left in the same condition as they were in at the beginning of the tenancy.

As the deposit was paid after 6th April 2007, the landlord or letting agent is legally required to ensure the deposit is protected by a deposit protection scheme of which there are two types; Insurance-based scheme or custodial based scheme.

For both, you the agent or the landlord were legally required to supply me, within 14 days of receiving the deposit, confirmation that the deposit was protected and further additional details including contact details of the tenancy deposit scheme, landlord or agent contact details, how to apply for release of the deposit, information explaining purpose of the deposit and what to do if there is a dispute.

 

The law also requires that at the end of the tenancy the deposit should be returned within 10 days. If there is a dispute the deposit must be handed over to the scheme for safekeeping until the dispute is resolved by the scheme, please confirm that you have done this.

I would like to advise you that if you have failed to protect the deposit then the courts can order you to pay 3 x the deposit.

Please reply within 7 days of the date of this letter with the following:

- Confirmation that my deposit is held with a deposit protection scheme

- Confirmation of the type of scheme, scheme administrator and procedure for dispute resolution

- Confirmation that you have passed my deposit to the scheme for safekeeping until the dispute is resolved.

Failure to provide this information or a response that there has been a failure to comply will result in application to the courts for an order to pay 3 x the deposit on the basis of the failure to comply with the requirements of the tenancy deposit scheme.

I look forward to your prompt response.

[rowenalovespink]

Thanks all of you...have taken all your advice and left those bits out and with a bit of luck I'll have my money back soon

[rowenalovespink]

Argh! he completely ignored my letter and just sent me a letter saying I owe him 2 months rent and he is considering evicting me?????

[labrat]

how is the rent paid?, direct debit, cheque or cash?

 

if cheque or DD you should be able to request copies of the bank statments proving it been paid

 

if cash was any receit provided?

[Kentish Lass]

not sure why its decided to tell everyone what font is being used but never mind...

 

because you copied and pasted it from somewhere else. It is a real pain as I often copy and paste info for people which saves me typing it again and again!

[Kentish Lass]

Argh! he completely ignored my letter and just sent me a letter saying I owe him 2 months rent and he is considering evicting me?????

 

Sorry - this bit made me laugh. You have already gone and he is threatening to evict you? You couldn't make it up, could you, lol! the guy is obviously an idiot, or worse....

 

To whom did you send your letter? The LA or the LL, or both? Do you have an address for the LL now?

 

One more letter. Short and to the point.

 

Unless your deposit is returned to you [at your mum's address? or collect from agency??] within 7 day days you will sue for deposit + 3x deposit for non-compliance with the deposit protection legislation.

 

You could fill in a MCOL (Money Claim Online) and print it off and send a copy so they know you mean business. You can name both LL and LA in this.

 

If your landlord continues to make abusive phone calls, contact the police and say you left the premises because you were worried for your safety as the LL kept letting himself in and being generally unpleasant, and although you gave the correct notice to the LA, the LL keeps ringing you saying you owe rent and being abusive.

 

Tell them that although you have already left he is threatening to evict you... it rather sounds as if he is not quite right in the head which is even more worrying.

 

Say that this harrassment and abuse is frightening you and you are worried he will find out where you are now living.

 

I am not sure about this, but I think you can contact your own mobile provider and have his calls blocked.

[rowenalovespink]

The man is a total lunatic. I have been to the police about his harassment. They have told me they went to see him and "advised him to exercise caution in the way he contacts me". I then changed my telephone number. He telephoned my mother this morning and told hre he was from a debt collection agency and she gave him my new number, the result of which was a rather abusive telephone call from him.

 

In addition, he has had several thuggish friends of his send friend requests on facebook...it has got to the point where I am considering closing my facebook account

 

Anyway, he has written another letter thanking me for leaving without having to be evicted (?) and saying he will get a county court judgement against me if I do not give him 3 months outstanding rent - I have not lived there. I gave him 6 weeks notice, in writing, which was handed in to the letting agency in prson (I have a witness to this).

 

I can only assume that since Ileft the place so clean and he cant steal my deposit that way, he is going this way to get money out of me. I cant think why - during the time I lived there I paid him over £11000 in rent. It is infuriating.

[rowenalovespink]

Hey - just to let you all know the outcome. i never got my deposit back. My old landlord is nnow my stalker...he waits outside uni for me and follows me about on a regular basis. He has slashed all my tyres 3 times and keeps disconnecting wires in my car. Complete and utter nightmare!

[45002]

Done all that renting rooms and flats for years. Your sort of landlord is unlikely to want officialdom poking around in his affairs. So yes lots of official type letters but at the end of the day it is a civil matter so if he does not pay up all you can do if threaten him with court. Take lots of pictures before and on the day you leave to show the condition of the flat. He is unlikely to do this but is quite likely to claim the deposit was for damages or cleaning bills, if he has no photos you have the superior evidence. Be careful...now that you have got official letters out to him he is less likely to try it on even so...you could always fit a chain on the door, perhaps over the top if you are leaving soon. We males are opportunists just like you women, control the window of opportunity or risk losing control. Shame we can't all go round to his place and throw his cat out of the window.

 

300

 

I would like to throw you out the window for saying such a thing on a public forum :mad::mad::mad::mad::mad:

[Kentish Lass]

300

 

I would like to throw you out the window for saying such a thing on a public forum :mad::mad::mad::mad::mad:

 

Really helpful - NOT - and somewhat out of date.

 

Rowena - what are the police doing about this situation? Stalking is a very serious offence and if the police are not taking this seriously you should write to the chief constable of your area - with a copy to your local MP. You must do something about this - you really could be in danger but not doing much about it?

[zingy]

Really helpful - NOT - and somewhat out of date.

 

Rowena - what are the police doing about this situation? Stalking is a very serious offence and if the police are not taking this seriously you should write to the chief constable of your area - with a copy to your local MP. You must do something about this - you really could be in danger but not doing much about it?

I'd say your local superintendent (or chief superintendent) would be better, as it would be immediately referred to them anyhow as they control the force in their division - a chief constable governs a whole county.

[45002]

Really helpful - NOT - and somewhat out of date.

 

Rowena - what are the police doing about this situation? Stalking is a very serious offence and if the police are not taking this seriously you should write to the chief constable of your area - with a copy to your local MP. You must do something about this - you really could be in danger but not doing much about it?

 

It was directed at 300,not you OK clever clogs ;-)