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AIBU?

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Original poster

or is landlord? Please help

56 replies

DotheShakeNVac · 04/01/2011 21:18

We have had loads of problems with the house that we live in, the landlord refuses to do anything about it so he suggested we find somewhere else to live. He advised that we can give notice once the rent is upto date.

we got the rent upto date and gave notice on the 22nd december. Both in writing and by email. We want to move out ASAP as the house is a nightmare and costing a fortune to run. so we suggested to the landlord that he lets us move out on the 15th january and we pay him upto the 22nd by letting him keep some of the deposit.

He had tonight emailed me back saying he is writing me a letter and copying in his solicitor, he says he feels like hilding us to the whole of the tenancy agreement and that he has never had so much trouble. So i phoned him on his mobile (from the UK to FRANCE) tofind out why he had reacted this way. he didnt explain himself apart from shouting at me saying to move out on the 15th and were not getting our deposit back and basically saying i am trouble!

I have no idea where this came from. he refused to get work done and so told us to find somewhere else. now he is saying we wont get our deposit and he is going to sue for the full tenancy?

The deposit isnt in a scheme. and there is no EPC for the house..

Please someone help?????

OP posts:
charliesmommy · 04/01/2011 21:19

why were you behind with the rent?

OldLadyKnowsNothing · 04/01/2011 21:21

You gave a months notice and are willing to pay or have already paid until 22 January? It's up to you when you actually move out, 15th or any day up until 22nd I'd say, and your LL has no right to keep any of the deposit (unless you've actually damaged something.)

Why is the deposit not in a scheme?

OldLadyKnowsNothing · 04/01/2011 21:22

(I'm assuming you're on the usual 6 months let, then rolling contract?)

Original poster
DotheShakeNVac · 04/01/2011 21:29

charliesmommy - In november we were £100 short so we paid that on 22nd jan. then we gave notice.

Oldlady - we gave notice and are willing to let him take £300 from the deposit so that he doesnt loose anything from us leaving early. I dont no why its not in a scheme. however have just found out its a legal requirement.

Oldlady - yes we are. we moved in 15th october

OP posts:
OldLadyKnowsNothing · 04/01/2011 21:32

Hmm, it is a legal requirement for the deposit to be in a scheme, and the punishment is quite severe. However, you're only half-way through a 6 month lease, and he would be entitled to hold you to that.

Then again, he's not doing the repairs, so... see CAB, I think. Or maybe Shelter?

gallicgirl · 04/01/2011 21:32

How long is the tenancy for and what's the start date? He could possibly sue for remainder of tenancy if you've been there less than 6 months but it would cost him to go through courts. I would document the lack of repair if I were you.

Theoretically it is possible to withhold rent for up to 8 weeks in order to make repairs which landlord has refused to do but it should have been done at the time and with advice from CAB at least.

Good luck.

Original poster
DotheShakeNVac · 04/01/2011 21:32

i meant to put 22nd december sorry

OP posts:
Original poster
DotheShakeNVac · 04/01/2011 21:34

can he sue for remainder even though he has told us he will release us from the tenancy and that he advises us to find somewhere else?

OP posts:
FabbyChic · 04/01/2011 21:34

You should never have got the rent up to date. You should have said we wont pay the last months rent use our deposit for that. You are stuck if he refuses now as if he is in France you cannot sue him for your deposit.

JaneS · 04/01/2011 21:34

He is required by law to put the deposit in a scheme - he is not allowed to use it as part of the rent.

What is your tenancy agreement? If it is a normal assured shorthold tenancy, the usual terms are that you're required to stay for 6 months (which you've not yet done), so that may be why he wants you stay/continue paying.

What exactly are your problems with the house? There are quite a lot of things that are his responsibility to sort out, so he is in the wrong if he refuses to do them.

Original poster
DotheShakeNVac · 04/01/2011 21:35

he is in france on holiday. he does live in the UK

OP posts:
JaneS · 04/01/2011 21:37

I wouldn't start thinking about the France/UK thing: he may or may not choose to sue, but you want to avoid the hassle in any case.

I'd be more worried about why he tried to get out of doing repairs, and what exactly your agreement stated.

curlymama · 04/01/2011 21:38

What is the work that you needed doing, and when did you tell him that there was a problem?

FabbyChic · 04/01/2011 21:39

Word of mouth is not enough you need things in writing.

natknickersinatwist · 04/01/2011 21:42

i should be more clear:

The whole house is really drafty, there are windows without seals and its costing us almost £80 a week for gas and electric. the boiler is old and s**t. he wont do anything about it. He said he would get someone round but that was ages ago i have lost count. when i said he needs to do something he said he would let us out of the tenancy agreement with 1 months notice.

My OH lost his job just after we moved in. we were £100 down on the rent but paid it on the 22nd december. this is the day we gave notice

the property has not been damaged by us atall.

No idea why its not protected. i didnt realise it was a legal requirement untill recently

natknickersinatwist · 04/01/2011 21:44

OP HERE.

namechanged as realised was on my joke thingy from the other day whoops

Fabbychic - i have it in a email from him will this be enough?

JaneS · 04/01/2011 21:45

Oh, that doesn't sound fun.

But was it like this when you moved in, or has something broken?

As I understand it, you can't expect him to mend things that are old, if they were like that when you saw the property, and if they're not causing you basic problems (eg., no hot water).

He sounds very shifty if he said you could go without keeping to the tenancy agreement, then went back on it! Angry

Do you have a lettings agent, or can you get in touch with shelter?

It is not you who's at fault if your deposit isn't held in the scheme - it is him breaking the law. He really should not be doing that and shelter should advise you what is best to do.

natknickersinatwist · 04/01/2011 21:48

when we came to view the property it was lovely and warm. we know the previous tenants and when we asked them about the cost of heating and whether they had the same problem they said they just turned the heating on full blast and paid the bill when it came in. they are quite well off so they didnt really notice how much it was costing. then when we moved in we were stunned by it.

We dont have an agent no. I tried to get hold of CAB but my local one you have to go down and q and there is no promise of an appointment.

gallicgirl · 04/01/2011 21:48

Does he have a gas safety certificate? If not then you could perhaps use that as leverage as it's also a legal requirement.

JaneS · 04/01/2011 21:51

That sounds like really bad luck. However, I don't think the landlord is required to repair things if you didn't check. I've been caught out in the same way myself and it is horrible, but the landlord is only required to keep things up to a certain standard - he's not required to improve on the property even if it is costing you money. Sad

Agree with what gallic says - check for a gas safety cert., and perhaps also see if you can get him for not putting your deposit in a protected scheme (that is certainly illegal and so you have the moral high ground).

OldLadyKnowsNothing · 04/01/2011 21:54

I think a landlord has an obligation to keep the place "wind and water-tight" so if it's really draughty he's failing there.

Does sound like a cowboy landlord though. :(

natknickersinatwist · 04/01/2011 21:57

when we moved in someone came and serviced the boiler, is this the EPC?

JaneS · 04/01/2011 21:58

Ooh, that's a good point.

What we've found, though, is that if you saw the place had a certain standard of draft prevention and you still moved in (eg., our place has metal-framed sash windows that let in every draft and ice up when it's below freezing), the landlord can often argue that you knew the risks.

If a rental has no security, heating, hot water, lighting or provision to cook, then you can kick up a stink. Otherwise, I think they only have to maintain the property to the level at which it was viewed, don't they?

ChunkyPickle · 04/01/2011 21:58

Is the boiler gas? If he's that dodgy it may also be that he doesn't have a certificate for it (all gas boilers need to have a certificate).

He should also have had an Energy (something) certificate done (my parents are landlords, and there's a whole list of bits and bobs)

Ask to see those - it's all added leverage if he doesn't have them.

gallicgirl · 04/01/2011 21:59

That would be the ideal time to issue a safety certificate but it's not the EPC.

www.gassaferegister.co.uk/advice/gas_certificates.aspx

The EPC just says how efficient a house is I think. It seems to be like the efficiency rating on electrical appliances.

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