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URGENT! Big problems with letting agent!


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Hi All

 

This is quite a long story but I'll try and keep it as brief as possible.

 

I moved into a flat under an AST at the end of February paying a month's rent in advance and a month's rent as a deposit (£450). Following the initial 6 month period, it has now rolled over to a periodic tenancy whereby a month's notice is required by me and two month's notice is required by the landlord for ending the tenancy.

 

It was a new conversion of an old building, I was the first tenant to live there. During the last 7-8 months there have been numerous issues – washing machine not working, severely leaking tap in bathroom, kitchen cupboard door fell off, flimsy curtain rails continually falling down and most recently (and most significantly) the oven and extractor fan not working for over 6 weeks. During this period, no one was calling me back, I had to constantly chase to get things done.

 

I gave notice at the start of October and I am due to leave on 31st, however I have not yet paid rent for October as I have written to them twice requesting some form of compensation (I have offered to pay £333 out of a total of £450 monthly rent, as I am actually vacating the property on 23rd October, which would mean £333 is the total amount of rent due for the days I am there - more than reasonable in my opinion).

 

The response I received was that as all the problems have now been sorted, they will not consider my claim for compensation and if I don’t pay by close of play today (19th Oct) they will assume I have abandoned the property and change the locks with immediate effect. I understand this to be illegal, but does the same legislation apply regarding harassment and illegal eviction even though I have given my one month's notice?

 

Could anyone give me some advice on what to do next?

 

Many thanks

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I moved into a flat under an AST at the end of February paying a month's rent in advance and a month's rent as a deposit (£450). Following the initial 6 month period, it has now rolled over to a periodic tenancy whereby a month's notice is required by me and two month's notice is required by the landlord for ending the tenancy.

what was the commencement date of the original AST?

 

The response I received was that as all the problems have now been sorted, they will not consider my claim for compensation and if I don’t pay by close of play today (19th Oct) they will assume I have abandoned the property and change the locks with immediate effect. I understand this to be illegal, but does the same legislation apply regarding harassment and illegal eviction even though I have given my one month's notice?

This agent obviously doesn't have a clue about the law. Do you have an address for the landlord? (It might be on the AST.) LL really should be told what has been happening in his name!

 

Regardless of whether you have given notice, this is totally illegal. It is not only harrassment, it is illegal eviction. Whether you withhold the rent or not, the only way you can be evicted is by being given the proper notice in the proper form (either a s.21 notice or s.8 notice (the s.8 cannot be issued until your rent is 2 months overdue which would not happen until a month and a day after rent was due) and if you choose not to go, they have to get a court order.

 

 

The first thing you should do is change the locks yourself. (Keep the old lock to put back the day you leave). You should also contact the local police. They will say it is a civil matter and not their business, but this is wrong. Don't bother telling them about the repairs and maintenance problems, just that you have been threatened by the LA with instant eviction. Illegal eviction is a CRIMINAL offence for which LL can be prosecuted and fined or imprisoned.

 

 

You do NOT have to let either LL or LL's representative enter the property.

 

Most councils have an official who deals with private renting matters and you should also contact them and tell them that you are being threatened with illegal eviction.

 

Once you have made yourself secure - write to Agent and say that you have taken advice and changed the locks to prevent their illegal entry and will call the police if they try to enter or illegally evict you - and remind them that the penalties for such illegal eviction are heavy fines or imprisonment.

 

Personally I wouldn't pay another penny to this bunch - I doubt you will get your deposit back without a lot of trouble. By the way, your deposit should have been protected in one of the 3 government approved schemes and you should have been notified within 14 days of where it was protected and how to recover it. Was it protected? Were you advised?

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Thank you so much for your reply.

My deposit is with the Deposit Protection Service. Am I still entitled to get this back even if I withold the last month's rent? They are threatening me with court action if I don't pay the final month's rent by the way.

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Thank you so much for your reply.

My deposit is with the Deposit Protection Service. Am I still entitled to get this back even if I withold the last month's rent? They are threatening me with court action if I don't pay the final month's rent by the way.

 

Well you are either going to have to pay the last month's rent, or you could lose the deposit. It depends on what the original AST says - if it does not have a clause which says unpaid rent will be deducted from the deposit, then they can't do it - but it probably does. You need to check.

 

The deposit is supposed to be for any damage which may have been done to the property. Was a proper check-in inventory carried out (which you agreed with and signed) at the start of the tenancy?

 

Funny they are threatening you with court action over the rent but don't seem to know they have to get a court order to evict you!! I think they are just threatening you in the hope they will frighten you.

 

Do you know who your landlord is or what his address is?

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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I believe the landlord's details are on the tenancy agreement but I will have to dig it out and check this along with details of whether outstanding rent can be deducted from the deposit. Should I write to the landlord?

 

There was an inventory check carried out although I did sign a copy.

 

If they are threatening court action over the rent, would I be able to subit a counter claim for harrassment in light of the threats of visits to work, changing locks and trying to call me even though I've requested that they only contact me by email?

 

Many thanks for your help so far.

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