Landlord's and flatmate problems

[carpe_diem77]

Hello,

Can someone help, please?

I have moved in to a house 3 months ago and signed a contract for 6 months where 3 other people already lived, 2 moved out a while ago and 2 new persons moved in instead. The house was advertised as a strictly non smoking property. However the new person smokes right underneath my window, all smoke goes in my bedroom. My window comes out on a garden that is huge. Several times I've asked that person to move away from underneath my window, was ignored on every occasion. The same person accused me of throwing some of her food away, which is so untrue as I have never touched her stuff.

Now and issue with a landlady: prior to me moving in she has asked for some documents: reference from work and bank, copy of my ID and NI no copy. I have provided copy of my ID as well as addresses for her to obtain the reference. Now, suddenly, after 3 months of my occupancy she asks for a copy of my passport, bank statements for the past 3 months, my work contract as well as reference and NI no. Prior to me moving in I have given her the address of my workplace and informed her that she would have to request reference in writing and the same goes to bank reference. She was on holiday when I've moved in. She has come back from holiday which she booked with my company (an airline) and was very unhappy with the company's services. She wrote a complain email to me, to my private email address slagging my company off. I have politely informed her that she should write to Customer relations not to me. From that day our relationship wasn't good. At the beginning when I viewed the place I have brought to her attention that the chest of drawers is broken as well as the door to the loft (in my bedroom) is also broken and she assured me that it will be fixed before I move in. It has never happened. The items mentioned above are still broken and she keeps saying that the carpenter is very busy and when he is available then I am not (lie). Also when I moved in the house wasn't equipped with an internet. After a chat with flatmates we have decided to take SKY package. I took it on my name. There already was a satellite dish installed, we just needed a box. However when the engineer arrived he decided to replace the dish for a new model and forgotten to take the old one with him. When the landlady saw it, she accused me of erecting the satellite dish without her permission despite the fact that the dish was already installed before I've moved in. She said I broke the contract rules which I do not agree with. After refusing to give her my bank statements, contract and NI card, she has presented me with a piece of paper she called notice of eviction. It says: 'I give you notice that, by virtue of section 21 of housing act 1988 i require posession of the dwelling house known as (address inserved) after 29 December 2010 OR after the last day of the period of your tenancy which expires next after the end of two months from the date of service of this notice to you.'

 

What does it all mean?

 

My contract expires on the 29th Dec 2010. The contact also states that the agreement is for 6 months and the fixed term (when neither her nor me can serve a month's notice to eachother) is also for 6 months. I do not understand how can she give me a notice of eviction for 2 reasons 1) if the fixed term is 6 months and I've lived here for 3, how can she legally serve me a notice?

2) why eviction if I have always paid on time etc.

 

Can someone explain what the notice sentence I've quoted above means? When do I have to move out?

 

Do I have a case if I want to take het ro small claim court for breach of contract (smoker living in the house, harrassment due to me working for a company she has a grudge against, unreasonably asking for unrelated documents, coming to the house without the notice, failing to fix items as promised. Bullying and harrasing me via phone and emails.

 

Please someone help??? I'm at the end of my wits

 

Also has anyone got an idea how to stop that smoker tenant to smoke underneath my window? And can I also take that person to court for false accusations which may have resulted in me loosing the tenancy in the property??

[MrShed]

Does she live in the same building? Do you rent a room, and there are communal areas?

[papasmurf1cx]

Sounds like you should find somewhere else to live. Have a look here http://www.tenancyagreementservice.co.uk/section-21-notice-to-quit.htm I think you have to leave on 29.12.2010 but I stand to be corrected.

 

I don't think you have much chance at claiming anything back. The hassle to get something back would be too great.

 

Without being rude, do you come from somewhere other than the UK? It seems that you have got into a very bad tenanted agreement and I was wondering on what basis you allowed yourself to get yourself into this?

 

The tenancy arrangements seem rather fluid.... who actually has the tenancy agreement? What are the liviing arrangements? It is not right that people leave and come in on the tenancy whoever is on the original agreement is the one responsible so if people are staying who are not official tenants then there will have been a sub let tenancy created.... this gets complicated, so you need to clarify who is the official tenant.

 

Also, the bills seem to be another fluid matter.... when you say "I took it in my name" this means that you are solely responsible for it and the bills etc. I know these things run for 12 or more months so taking it on when you have been given notice to quit was not a smart move to be honest.

 

Who are the utility bills sent to ie gas, electric, water and council tax? Do these companies and the council actually know who lives at your address?

 

I am sure CAG can educate you but we need the information.

[carpe_diem77]

the landlady? no, she doesn't live in the same house. There are communal areas. This is a semi detached house. the landlady lives in a different area altogether. Yes, i rent a room upstairs with the window to the garden. the rest of bedrooms have windows to the street.

[carpe_diem77]

papasmurf, I do come from other country other than UK.

In regards to the tenancy agreement the rent is all inclusive so the bills don't come to this address, apart from the SKY package which I took on my name prior to getting a notice (am not that daft, thank you very much ). Ho was I supposed to know that I will get a notice only a month later? The tenancy agreement is mine for one room. The house is rented by rooms not as a whole property (in London). I'm afraid you got me lost as to the people coming and going on the tenancy agreement. i'm quite positive I haven't mentioned anything like that . Please explain.

[MrShed]

OK then to answer, not great news:

 

1) if the fixed term is 6 months and I've lived here for 3, how can she legally serve me a notice?

 

Because the notice does not expire until the end of the fixed term - i.e. after 6 months.

 

2) why eviction if I have always paid on time etc.

 

Because she can I suppose. There is no reason required for a Section 21 notice.

 

Can someone explain what the notice sentence I've quoted above means? When do I have to move out?

 

Following the end of the tenancy basically. You cannot legally be forced to leave before a court order is granted, but you will then become liable for the costs of obtaining the court order.

 

Do I have a case if I want to take het ro

small claim

court for breach of contract (smoker living in the house

 

No - thats the other tenants breach of contract, not hers with you.

 

, harrassment due to me working for a company she has a grudge against,

 

Almost certainly not. I dont see anything justifying harrassment here.

 

unreasonably asking for unrelated documents,

 

No. She can ask, you didnt give. You arent entitled to financial recompense for this.

 

coming to the house without the notice

 

Unless you explicitly informed her not to enter, and she did anyway, no.

 

, failing to fix items as promised.

 

You cant sue for this. You could however get the items repaired and deduct the cost from the rent, following notification to her in writing that she has X days to resolve the matter.

 

Bullying and harrasing me via phone and emails.

 

Can you quantify the amount of calls/emails you are receiving?

 

Please someone help??? I'm at the end of my wits

 

Also has anyone got an idea how to stop that smoker tenant to smoke underneath my window? And can I also take that person to court for false accusations which

may have

resulted in me loosing the tenancy in the property??

 

No, as the landlord has a right to evict if she desires. Trust me - dont even think about going there with regards a defamation/slander case.

 

Was any deposit given?

[MrShed]

PS - irrespective if there was a dish there originally or not, the landlady has a right to deny permission for exterior works/changes to the property. She does, in fact, have a right to be annoyed about that element of it. I suspect this is why you have received notice.

[carpe_diem77]

She has given me a notice before she learnt that the dish was replaced. Also I didn't know that the dish needed to be replaced. But the SKY company has said that they're responsible for a safe fixing of their property (dish in this case) and as the old dish wasn't securely attached to the building, they've decided to replace it.

[MrShed]

I understand why Sky did it, but it doesnt mean that she didnt have the right to make that choice.

 

In your initial post above it comes across fairly clear that she gave notice AFTER the dish was replaced. If this wasnt the case fair enough, but it really makes little difference.

[MrShed]

Oh and the sky dish ISNT Sky's property once installed.

[carpe_diem77]

The landlady told me that she's given me the notice because I have not given her the documents she asked for. Also because one of the tenants has said that I have thrown away her food and because I complain that that person smokes under my window.

In regards to harassment because i work for the company she dislikes: I believe that her attitude towards me is dictated by that. One other tenant is treated badly because she is a teacher (ans the landlady said: quote' all the teachers are drunks and dirty bastards').

We all have asked her not to come to the house without 24h notice. She insisted that she is entitled to come to the communal areas.

Until she served me with a notice I received on average 3 emails a day plus 2-3 phone calls.

How much time do yiu recon I should give her to fix the items in my bedroom? The door to the loft does not close-it's very cold in result.

In regards to that smoker-any other alternative to stop her smoking under my window? I suffer from asthma, and it really causes my health to deteriorate .

[carpe_diem77]

I was explicitly told by the engineer that it is their property . Shall I ask SKY to replace it with the old one then?

[carpe_diem77]

She was abroad at the time of installation. And trust me had I known that there will be such a problem with a dish replacement I'd move mountains to ask her for permission. I had no idea that the simple exchange is classed as erection of a satellite dish...I thought it meant erection of a new dish, not replacement of the old one.

[MrShed]

The landlady told me that she's given me the notice because I have not given her the documents she asked for. Also because one of the tenants has said that I have thrown away her food and because I complain that that person smokes under my window.

 

That is unfortunately her perogative.

 

In regards to harassment because i work for the company she dislikes: I believe that her attitude towards me is dictated by that. One other tenant is treated badly because she is a teacher (ans the landlady said: quote' all the teachers are drunks and dirty bastards').

 

Unfair, but not harrassment - that is simply her forming an unfair opinion.

 

We all have asked her not to come to the house without 24h notice. She insisted that she is entitled to come to the communal areas.

 

If the rooms are let on a "per room" basis, she is correct.

 

Until she served me with a notice I received on average 3 emails a day plus 2-3 phone calls.

How much time do yiu recon I should give her to fix the items in my bedroom? The door to the loft does not close-it's very cold in result.

 

7 days in my opinion.

 

In regards to that smoker-any other alternative to stop her smoking under my window? I suffer from asthma, and it really causes my health to deteriorate .

 

Other than asking the landlady to enforce the tenancy agreement, unfortunately not.

 

My above posts may seem unsympathetic - they arent. But ultimately, the landlady is entitled to invoke her right to serve notice and ultimately evict. The reasons surrounding it may be unfair, but she is still entitled to do it.

 

You are rightly (in some of the respects anyway) annoyed - annoyed at her unfair behaviour. This doesnt entitle you to financial compensation.

 

My advice is simply to enforce what you can (i.e. repairs) and be ready to vacate in December.

[carpe_diem77]

Mr Shed thank you ever so much for your help. I have asked for an honest opinion in case I decide to take her to court and don't stand a chance to win. Although it wouldn't be a money matter, rather a matter of principle. Not interested in a money compensation. And the most of all, I wanted to find out if I have to move out within a month or not. I was worried that she might want to evict me prior to tenancy expiry date. I wouldn't want to live in here for longer than my agreement states. Glad I have time till December as buying my own property (at last) .

What shall I do if the landlady refuses to enforce the tenancy agreement re smoking? Is this a lost case, just 'bite the bullet' sort of thing? If so, unfair that I have to be subjected to passive smoking in the house I pay for to reside in without aggravation:sad:

[callumsgran]

Hard as it seems and i do sympathise because i dont smoke i think unless the landlady enforces the tenancy agreement on the neighbour you will have to put up with the smoke wafting up at you.

Its not ideal i know but what else can you do? at least with winter coming you will be less likely to have that window open anyway

[carpe_diem77]

Hard as it seems and i do sympathise because i dont smoke i think unless the landlady enforces the tenancy agreement on the neighbour you will have to put up with the smoke wafting up at you.

Its not ideal i know but what else can you do? at least with winter coming you will be less likely to have that window open anyway

Callumsgran, thanks.. yeah the winter's almost here... she'll be freezing her butt off smoking outside and I'll have my window closed lol.. Thanks ever so much to everyone who contributed to this thread x

[MrShed]

Agreed with CG - its not particularly nice of him to inflict it on you but the landlady has to enforce.

 

I am a smoker, and people like this annoy me - I wouldnt dream of smoking anywhere that it is inflicted on others.

[callumsgran]

Callumsgran, thanks.. yeah the winter's almost here... she'll be freezing her butt off smoking outside and I'll have my window closed lol.. Thanks ever so much to everyone who contributed to this thread x

You're welcome

Sheddy i was like you when i did smoke, i was always mindful of where my smoke was going and that it didnt upset anyone

[MrShed]

Exactly - its one of my pet hates! Like when you could smoke indoors, I hated people who smoked in restaurants - just found it very rude!!

[papasmurf1cx]

I was just wondering how many people there are on the property ie was it a multiple occupancy house where many people live and where additional regulations would apply?

 

When you said that the bills go elsewhere it would suggest that the landlady is paying them just seems odd. As an ex police officer I question oddities such as this and wonder if something is amiss.

 

 

I didn't mean to suggest you were stupid, I was actually concerned that you were being preyed upon because if from abroad you would be less likely to know UK laws.

 

Good luck on your new home.

[MrShed]

In a property such as this (room by room let) its not unusual at all for the landlord to pay the bills.

[MrShed]

Oh and HMOs do have additional regs, but these wouldnt appear to be impacted upon by the OPs queries.

[callumsgran]

Exactly - its one of my pet hates! Like when you could smoke indoors, I hated people who smoked in restaurants - just found it very rude!!

Yep me too!

[branco1304]

Hello, i`ve rent a room in a house where other 3 people leaving..the landlord rent the house to a Chinese guy and that guy sub rented to us...the landlord brother in-law and the Chinese guy come in the house whenever they want without a notice or a call...there is a small room ( a matchbox ) witch is not rented and the landlord brother in-law sustain that he leave in that room so he got the right to come in the house whenever he wants...the point is he never leaved in that room...do i have the right to change the lock at the entrance?...another problem is that i have problems with one of the housemates...he`s smoking drugs...i want him out from the house...what can i do?...after my contract is ending if i want to extend it and the landlord refuse, what can i do?...a lady leaves in this house for 5 years and i want the same but the landlord refuse to end a contract for at least 3 years...thank you

I`ve tried to convince the landlord to end a contract for 3 years and he refuse without any reason...i`ve said to landlord brother in-law to let one of us know he want to come and fix or clean the garden and he said to me he doesn't have to do that cuz he`s leaving in this house, witch is not true...

 

 

What can i do???...please help me, i need some advice...Thank you all...