Landlord being very awkward/nasty

[Boobydoo]

Help please. My Landlord is being really awkward after I moved out!

 

Here's the background. I moved out on 4th December after my Landlord told me they were giving me notice. A few months ago I lost my job and fell behind with payments, but recently caught up to the point where I owed £400 plus my deposit (£895). The landlord said they were coming to give me notice and so I did what I thought was right and found a cheaper place to live.

 

I was paying £895 per month and found a house for £500 per month. So, I thought this would be ideal as I could keep paying old Landlord back without £895 per month racking up. At this point I have to say that the Landlord has never protected my deposit, made me get the Aga serviced if I wanted central heating, let the roof continue leaking and did nothing about the crumbling walls (damp) and the water coming down the front of the chimney breast each time it rained. I also had no smoke alarms at all and the electrics were really old..................no idea if they'd been checked. Me being me, I just cracked on with the house. I also should add that before moving in I'd had to help paint and strip all the carpets. The landlord promised she'd pay me for the help......never arrived! I did sign an agreement, but it was never copied and sent to me.

 

Ok, so today the old Landlord came to my house and took the key to the old house. I still have stuff in their which they knew about. He won't answer calls or texts. He was abusive and then went straight to my new Landlord, telling him I'm an unworthy person.

 

What can I do please? The items in the old house are required. The landlord (a Husband and Wife) can get pretty nasty, and to be honest, I'm beginning to get fed up with bullying etc, especially as I'm not someone who would just up and leave.

 

Any feedback and advice appreciated.

[ericsbrother]

any proof of the condition of the place such as a condition report form an agency or photographs of the place/copies of letter sent to LL about the disrepair?

If not then you will ahve to rely on using the county court to hammer them for not protecting your deposit. As they will claim for the shortfall in rent they will end up paying you very little but as it is basically somethin g you cant lose they will end up in trouble anyway.

LL didnt follow procedure so that will go in your favour as well. You need to read up on the legislation regarding this so you can put together a coherent claim and include in that the value of any belongings that have been destrouyed or kept as they ahve failed to let you collect them. If they bin them and say that its your fault for not taking them at the time you have the fall back thay you hhadnt ended the tenancy when they took the keys so they cant mitigate this loss.

A letter to them outlining your complaints anda schedule fo loss will need to be made. Include the AGREED decoration costs and boiler service costs

No emails, no phone calls, wriet to his home addy or drop the letter through your old door if you dont know where they are

[Boobydoo]

Yes, I have pictures showing the state of the house when I moved in.

 

The Landlord came in to look at damp etc, but I have no written proof

 

I'll draft a letter and send it as I know where the Landlord lives.

 

Thanks so much ericsbrother

[ericsbrother]

also get in touch with shelter if you need advice on housing law, there are other posters her who know a lot about it as well but they have the resources to be able to chuck a lot more effort at it if need be.

dot forget things like gas safety certs and did you take a meter reading when you left?

[Boobydoo]

I haven't taken a reading as I was still moving out and wanted to vacuum etc. I pulled up a few days ago only to find out that the landlord has allowed workmen working on another building to plug into my outside electricity point!

[stu007]

Hi

 

What type of Tenancy Agreement did you have and when did it start? https://www.gov.uk/tenancy-agreements-a-guide-for-landlords/tenancy-types

 

You mention Landlord gave you notice but exactly what written notice? https://www.gov.uk/tenancy-agreements-a-guide-for-landlords/ending-a-tenancy

 

https://www.gov.uk/evicting-tenants

 

You mention your Deposit was not protected: https://www.gov.uk/tenancy-deposit-protection

 

Now the Aga is it Oil or Gas? https://www.gassaferegister.co.uk/help-and-advice/renting-a-property/information-for-landlords/

 

Electrical Safety: https://www.electricalsafetyfirst.org.uk/guides-and-advice/for-landlords/

 

Energy Supply to the Property do you have an Account with an Energy Provider to pay these Bills yourself or is it included in your rent as part of the Tenancy Agreement? (you need to check the Electricity Meter seals are intact)

 

Also check with your Local Council if there is a Register of Private Landlords and if the Landlord is on it.

[Boobydoo]

Hi

 

What type of Tenancy Agreement did you have and when did it start? https://www.gov.uk/tenancy-agreements-a-guide-for-landlords/tenancy-types The tenancy agreement has no heading at all. I've managed to get a copy scanned.

 

You mention Landlord gave you notice but exactly what written notice? https://www.gov.uk/tenancy-agreements-a-guide-for-landlords/ending-a-tenancy No written notice, just a text saying they were coming over to give me notice. No visit and nothing received.

 

https://www.gov.uk/evicting-tenants

 

You mention your Deposit was not protected: https://www.gov.uk/tenancy-deposit-protection Checked all three deposit schemes - nothing.

 

Now the Aga is it Oil or Gas? https://www.gassaferegister.co.uk/help-and-advice/renting-a-property/information-for-landlords/ The Aga is Oil, but runs the heating in the house

 

Electrical Safety: https://www.electricalsafetyfirst.org.uk/guides-and-advice/for-landlords/ Will check this now

 

Energy Supply to the Property do you have an Account with an Energy Provider to pay these Bills yourself or is it included in your rent as part of the Tenancy Agreement? (you need to check the Electricity Meter seals are intact) I set up my own accounts and pay them

 

Also check with your Local Council if there is a Register of Private Landlords and if the Landlord is on it.

 

Thanks so much for this help!

[mariner51]

You effectively abandoned the Property when you voluntarily vacated without Notice, but your Tenancy continued until the LL took repossession.

[Boobydoo]

How can I have abandoned the property when all my stuff is in there? I've read that a Landlord cannot keep my property legally. Could you explain a bit more in depth for me, rather than just state the above as it's help and advice I'm looking for.

[mariner51]

How many Ts/yr do you think abandon a property leaving some contents behind so it appears they are still in occupation?

Prob your AST contains a Clause not to leave the property unoccupied for more than 3 weeks for Insurance purposes.

How do you know LL did not provide Abandonment Notice before allowing Contactor entry or assume you had surrendered T but not returned keys?'

Yes, he should have taken the 'safe' route, obtained a Court Repo Order and asked for ~£450 costs against you.

Even after Bailiff eviction, he only has secure your contentsto allow you 7 days to arrange collection of all your possessions, at a time convenient to LL. The evicted T should not be allowed access to Property.

Write to LL asking for return of your property and expect to pay any fees due, inc storage costs from date after Eviction.

[stu007]

Hi

 

Thanks for answering my questions.

 

Sadly the Landlord only texting you saying they were coming over to give you notice is not a formal notice to quit as this has to be in writing, sadly this means you were not been served with a Notice to Quit the property.

 

From what the Landlord may view this as:

 

1. They have not served a Formal Notice to Quit.

2. You have failed to give the Landlord Notice to Quit.

3. You have moved into another Property.

4. You still have a live Tenancy Agreement with the Landlord until it expires.

5. Landlord may class that you have abandoned the Property.

6. You may be in Breach of your Tenancy Agreement.

7. Landlord having to re-advertise property.

8. Possible loss of Rental Income.

 

with the above you need to be aware that the Landlord will more than likely class these as a loss of income etc.

 

What can you do to resolve this with the Landlord.

 

The only way I can see is as you still have a live Tenancy Agreement with that Landlord is that you are going to have to negotiate with the Landlord very diplomatically to get out of your Tenancy Agreement etc, sadly this may cost or the Landlord may take court action to recoup there losses so you need to be fully aware of that. (anything agreed please ensure is in writing and signed by both parties)

[ericsbrother]

on the plus side he has locked you out so is in breach of the tenancy. Howvwe it will come down to "he said she said" if either of you go down the court route