Nightmare landlord

[avaratz]

Hi everyone,

 

Thanks for taking the time to read what'll probably be a lengthy post.

 

To sum up my situation, I have some severe issues with my landlord. Unfortunately when I signed the agreement I didn't have much choice - being new to the UK I had no previous work or landlord references and as such could not find anyone willing to let to me. My girlfriend and I have since found work, but are now stuck in a horrible agreement with a horrible landlord, but it was either that or be homeless .

 

The problem I am having with my landlord is that he insists that my agreement is not an AST but rather a "holiday let" and as such, I have far fewer rights than an AST would grant me.

 

I have called the Shelter helpline who informed me that it doesn't matter what my agreement SAYS it is, it matters what the actual circumstances are, and judging by my circumstances I have an AST. The factors that lead them to suggest this are:

 

• I was told that I HAD to take a minimum 7 month term, and that I have the option to renew it at the end of this term.
  
• I pay a set monthly rent to the landlord.
  
• My landlord does not share accommodation with me.
  
• My landlord was aware of the fact that I am not here on holiday at the time of the agreement being signed.
  

 

Unfortunately, my landlord insists that I have a "holiday let". As such, he claims certain rights, such as:

 

• The ability for him or his agents to enter my property without my permission, any time between 8AM - 7PM, whether I am present or not.
  
• The fact that he does not have to put my deposit in a deposit protection scheme.
  
• The fact that he can evict me with barely any notice (2 weeks) for no reason, without a court order.
  
• The fact that he is allowed to change the day rent is paid as he sees fit.
  
• The fact that, during the last 4 weeks of our tenancy, he or his agents are allowed to show people around our flat without notice or permission. In fact, if my flat is not "tidy", he will charge me a fine of 1 week's rent.
  

 

I think some of these are clearly unfair. I have tried to call my local CAB to get someone to read over my tenancy agreement, with no luck - I can never get through and as such have emailed and I am waiting for a reply. A guy claiming to be "building maintenance" tried to let himself in the other day as my girlfriend got out of the shower! Along with that, a burglary occurred where someone else in our building had several items stolen, and the burglar had a key to their room! When I voiced my concerns regarding security issues, my landlord informed me that "unless it was my flat that was broken into" it was "none of my business".

 

I am really afraid to live in this building, and I would really love to get some solid legal advice concerning this landlord. I feel that as this company targets newcomers to the UK, they rely on the fact that we will be helpless and confused as to our rights, and so they can take us for a complete ride! For anyone who is curious, we live in North West London (Borough of Brent).

 

Any help, advice, or comforting words would be greatly appreciated.

 

Thank you so much for your time.

[ashmk]

As far as I know your landlord can call it whatever he wants but you will have an AST and the rules still apply.

 

But please wait for an expert to give you a more detailed response.

[stu007]

Hi

 

Contact you Local Council and see if the landlord has registered the property with the and what is registered as.

[Flyingchange]

Clearly a landlord with no regard for anyone but himself and one this is quite comfortable with breaking the law. Regardless of what he claims you have the right of protection under an assured shorthold tenancy as you have met all the conditions. You list many conditions that he has applied, are they written into the agreement? Any deposit held by a landlord has to be protected and placed with a deposit protection scheme. He cannot hold on to it himself. Secondly, only the instances of an emergency (water leak etc) can he gain entry. Where it is for any other purpose, including showing potential tenants the property he has to give you sufficient notice. I would recommend you go and visit your local housing department at the council and see what they have to say about the matter. You don't mention whether this is a property of multiple occupants (MOPS) and if it is, it's even more important that you see the council as landlords have to be registered with him and licensed. Good luck.

[stu007]

Hi

 

Also does your property has GAS and if so when was the last Gas Safety Check done and you given a copy if not request this immediatley from your Landlord

[avaratz]

Hi everyone,

 

Thanks so much for the replies!

 

To answer a few questions, yes, there are multiple tenants in this building. There are 15 flats in this house alone, and the landlord boasted to me the other day (when I called to discuss my grievances) that he has over 700 flats. I will go and see my local housing department ASAP, I really can't let him get away with this.

 

And yes, those terms are all written into the contract. There is even a clause explicitly stating that this agreement is a holiday let rather than an AST, and as such I have far fewer rights.

 

Is there any chance that I may be able to break out of the contract early due to unfair terms in it?

 

I have also done a bit of research and have found that a "holiday let" offers significant tax perks for the landlord as opposed to an AST - starts to make a bit more sense now .

[The Carpet Cleaners]

If he only has to give you 2 weeks notice then surely that is all you have to give him

[avaratz]

If he only has to give you 2 weeks notice then surely that is all you have to give him

 

The agreement states that I have to find a replacement tenant who will sign at least a 6 month term with them, otherwise I lose my deposit. Conveniently biased in their favour...

[The Carpet Cleaners]

how long have you been there, and how much is the deposit?

[avaratz]

how long have you been there, and how much is the deposit?

 

I have been there since the 1st September, the term runs until 2 April 2012, and my deposit was a months rent... quite a big chunk of money .

[The Carpet Cleaners]

by the sounds of what you have written the whole ageement is sham. You should take it to the CAB and get them to go over it, As I said in a previous post, whatever notice the LL can give you, is at the most the same as you have to give him. He cannot make you find and stitch up other people. If the term is 7 months then it would run out on 31st March, and not 2nd April.

 

If you can afford to leave then I would give 2 weeks notice in writing (having moved out first) then take him to cout for the rest of the deposit, and don't pay the rent for the 2 weeks notice.

You may have to write off some money to get out of this quickly, or suffer the LL until the end of the 7 months and walk away without giving notice.

[Steve__M]

This suggests that the tax benefits of a holiday let only apply for lets of less than 31 days.

 

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/Taxes/TaxOnPropertyAndRentalIncome/DG_4017930

 

Possibly the real reason for calling it a holiday let is to attempt to avoid rules applying to ASTs. Then again he probably lies through his teeth on his tax return.

 

I guess your problem is how much further would the landlord go in breaking the law.

 

Has your landlord provided you with an address for service - ie. his home or his agent's address (eg. in a Section 48 notice). If not then lawfully you can withhold rent till he does so:

 

http://www.landlordrecoveries.co.uk/articles/section-48-notices-81.html

 

He has no right to fine you anything. He has no right to evict you without first getting a court order.

 

Potentially, while still a tenant, you could sue him for 3 times the deposit due to his failure to protect it. It sounds likely that this would be throwing good money after bad though.

[The Carpet Cleaners]

http://uk.finance.yahoo.com/news/Tenants-Know-rights-yahoofinanceuk-3019974.html

 

this is on todays Yahoo home page, and has lots of useful stuff in it.

[avaratz]

by the sounds of what you have written the whole ageement is sham. You should take it to the CAB and get them to go over it, As I said in a previous post, whatever notice the LL can give you, is at the most the same as you have to give him. He cannot make you find and stitch up other people. If the term is 7 months then it would run out on 31st March, and not 2nd April.

 

If you can afford to leave then I would give 2 weeks notice in writing (having moved out first) then take him to cout for the rest of the deposit, and don't pay the rent for the 2 weeks notice.

You may have to write off some money to get out of this quickly, or suffer the LL until the end of the 7 months and walk away without giving notice.

 

We are considering doing this. We're not in a position to do it now, but should have a decent amount of savings come the end of January, so we will probably move out then. I'd just like to get some written legal advice and begin building a case on my own before doing that - I know that in matters like this one slip up could result in a bad judgement for me.

 

Has your landlord provided you with an address for service - ie. his home or his agent's address (eg. in a Section 48 notice).

 

Yes, there is an address to serve notices in my tenancy agreement - an address which I have been told by my landlord's agent that I am under no circumstance allowed to visit (even though it is a business address) :S. The only reason I mention that is because the company collects rent ONLY by bankers draft, and we are not allowed to drop it off with them. They let themselves into our room on rent day to collect the draft. So if I deny them access I technically won't be able to pay rent, even though I have BEGGED to be allowed to pay via direct debit. Would this affect my legal standing at all? I would obviously do everything in my power to make sure the rent is paid (I know that the court would look more kindly upon me as a responsible tenant).

 

Potentially, while still a tenant, you could sue him for 3 times the deposit due to his failure to protect it. It sounds likely that this would be throwing good money after bad though.

 

I have looked into this point, it seems that the law doesn't put a time limit on him putting the money into a protection scheme. So technically, if I took him to court, he could put it into a scheme a day before the court appearance and be clear of any wrongdoing? I have seen this mentioned somewhere a while ago so unfortunately cannot link to it, please correct me if I am wrong.

 

this is on todays Yahoo home page, and has lots of useful stuff in it.

 

Very very useful reading, thank you for sharing that - quite a conveniently timed article .

 

Thanks so much for everyone's help.