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HUGE issues with Landlord!


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Hi

 

I have had a look through previous threads to see if anyone has experienced a problem like mine, but it seems mine is quite unique! :| Any advice would be greatly welcomed!

 

I moved in to my flat on 6th August 2010, paid £350 first months rent and £350 deposit.

 

My landlord gave me a receipt for the rent and deposit, however told me she would provide a full tenancy agreement within a week as she had no ink for her printer. She seemed really nice and so I agreed, she lives in a property adjoining the flat and so seemed fairly ok for her to pop it through the door.

 

Prior to moving in I had asked if I could have my cat there, she said this was fine, as I have access to the garden etc and she had no problem with this as she has pets herself.

 

When I moved in to the flat, there was quite a bit of damp in the kitchen, I photographed it on the advice of a friend, just in case there were any future problems. Also the was a hole in the ceiling from where insulation had been laid in the roof but access to the loft had broken, the landlord advised it would be fixed asap.

 

The first week of me being at the flat I ended up staying at my partners quite often, mainly due to the oven supplied with the property being broken and needing to be replaced, so I had no cooking facilities. I made sure I went to feed and water my cat each day after work and most nights went back to the flat late in the night and left early for work in the mornings (I commute 2 hours a day to work so leave the house around 6:30amish).

 

The new cooker was delivered on Fri 13th August. The landlord states she text me also on this day advising me she had concerns that I had not been at the flat (bit silly as she was aware I had no cooking facilities!!).

 

The 2nd week of my tenancy I stayed a few nights at the flat however found it a little hard to sleep with the hole in the ceiling!! But again, always ensured I spent time with my cat and fed and watered her. I had the Friday off work so went to the flat to finish off all my unpacking and also to let my cat out for the first time (she needed to be in for a few weeks to aclimatise to surroundings).

 

It was on this Friday that I was at the flat when the landlord gave me a letter saying I had a month to vacate the property owing to me not abiding to terms set out in the tenancy agreement.

 

Firstly, as I never had a signed full tenancy agreement, surely this means she cannot say I am in breach of the contract?!

 

She states that I have unlawfully kept my cat locked up 24-7, she has reported me to the RSPCA, the cat has damaged the flat making it unhabitable for humans!!

 

I immediately responded, explaining, no cooker, I work long hours and thats why she hasn't seen me, explained how cat had to be kept in for a few weeks etc.

 

She has come back and said I need to get the flat professionally cleaned and she will not return the deposit unless I present a receipt from a cleaning company!!

 

My cat hasn't damaged the flat at all, if anything the place is much cleaner now than it was!

 

I have subsequently asked where my deposit is held, she states she is a memeber of mydeposits.co.uk I have read on previous threads that she should have supplied me with proof of this within 14 days, and proof my deposit was being held by them?

 

Basically, I am now moving out of the flat. She has told me I owe her rent up until the 18th Sept (the months notice she has served on me) I have told her I will be moved out by 5th Sept and that I will not be paying further rent and I expect my deposit to be returned to me in full.

 

Am I in the right here? There has never been a signed agreement between us and she just seems a bit mental! I have contacted the RSPCA about me cat and they told me not to worry and assured me I was not being neglectful. However, the landlord is saying that as I have a key and possesions in the property, I am automatically a tenant and so automatically covered by a tenancy agreement....

 

I am trying to access the my deposits website but it doesn't seem to work as I want to find out if my deposit has been put there.

 

Sorry if this is all a bit long winded :-) Hard to explain! If anyone can tell me where I stand, that would be great as I am getting to my wits end!

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Theres so much wrong here on the side of the landlady I dont even know where to begin to be honest.

 

Suffice to say, you are in the right, and if you wish to leave and pay rent up until the 5th, then that is all you have to do.

 

I would also be sending her a letter before action and subsequently suing her for the deposit, and 3 x deposit value if it turns out she hasnt protected it.

 

No need to go into the other details but she is wrong on pretty much every single count.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Thank you for replying! It's an awful lot to read through!

 

I'm hoping to contact my deposits tomorrow to find out if the deposit is being held by them.

 

I really hoped I was right, it's all in all been an awful experience. I was so worried today when she was saying that I am automatically covered by a tenancy agreement and that I am responsible for the flat for 6 months, I thought she was going to attempt to get me to pay up for 6 months or something ridiculous.

 

I just hope she does see sense and this gets settled quickly, thank god for my partner, otherwise I would pretty much be homeless!

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You have nothing to worry about in this situation.

 

Quite frankly, you probably have a claim against the landlady for unlawful eviction. But thats a sticky route to go down at this stage.

 

As a thought - I realise its probably past this point, but if you wish to remain in the property, you have EVERY RIGHT to do so until she serves valid notice and gets a court order of possession - almost impossible until the end of the 6 month term. As it stands though, it sounds like a good idea to move out as you have probably had a lucky escape...!

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I have just spoken to my deposits, who the landlady told me she is a member of (although did not provide any proof of depositing my money within the 14 days) and they have told me my landlady is registered with them, however, she has not got an account for my address or in my name!! Should I send her the letter as you stated above?

 

I'm at a loss as to how this woman has been operating her property company!!

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I wouldnt send it until you vacate the property at this stage.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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  • 2 weeks later...

Hello! It's been 14 days since I sent my letter before action, the landlady has not responded and she definitely has not protected my deposit. How do I go about making my claim? Can I use money claim online or is there a more specific way to make a claim like this in relation to non TDS compliance?

 

Thanks :-)

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Have you now vacated the property?

 

Are you wanting to claim the deposit only or 3 x deposit also? The reason I ask is it is a different route to go down, and carries more risk (i.e. if you lose you are liable for landlords legal costs). Unlikely you can lose based upon what I have seen though.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Just the deposit would be fine, I just want my money back!

 

She is saying that I owe her 2 weeks rent as I moved out on the 5th September, the 'notice' she served on me asked me to vacate by the 18th September, would she be able to counter claim for this?

 

Though I am maintaining that as therer has never been an agreement she cannot serve notice on me, is this correct? She states I am a 'common law' tenant as I had possessions at the property.... This is all so confusing and draining!

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Guest GAMANAGEMENT.ORG

This post has been edited to remove an unauthorised uninvited spamming advertisement.

 

We would not recommend the use of any company which does this kind of thing

 

Furthermore this firm does not appear to be authorised by the Minister of Justice and they are using the our trademark on their site without permission.

 

Edited by BankFodder 18.09.2010

:-D

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