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Original poster

To be boiling with rage at my 'landlady'?

262 replies

FrameyMcFrame · 20/05/2011 10:24

I've posted on here before about my horrendous landlady, she's always popping round to 'check' things in the house.
This time she said she wanted to check 'the state and condition of the house and garden'

Ok, fair enough. I tidied up a bit and around she came for a good old snoop.
I left her to it and sat in the living room with my two DC.
After 20 minutes of snooping she came back to tell me that the inside of the shower cubicle was dirty... so dirty that if I didn't clean it soon it would 'damage the glass' Not sure how a bit of old shower gel can damage glass Hmm
Then she went on to say that the inside of the oven was filthy...and again it was going to damage the glass if not cleaned. It wasn't that dirty, I'd just used oven pride on it the week before!!! When I said this she went through to the kitchen and opened the oven and ran her finger along the back of the oven door and showed me that it was dirty.... obviously I'd missed a bit.

At this point I had to physically restrain myself from telling her to fuck off...
I was so angry afterwards I had to have a glass of wine to calm down

OP posts:
Original poster
FrameyMcFrame · 25/05/2011 22:38

what I might do is get a gardener to cut them back and get a receipt from him or her detailing what they've done. Then if she claims they weren't done properly I can present her with it.

OP posts:
HerHissyness · 26/05/2011 00:38

There are landlords that look at the deposit as something they have to try to get their hands on. despicable.

Clean that place so it sparkles and photograph the heck out of the house, room shot, hob/oven/grill. taps, bath shower screen, windows everything you can think of photograph it, ideally with a date stamp.

good idea on the gardener and the receipt!

The not paying the last month's rent is not possible anymore, you can't do this. The deposit is not held by the landlord, it doesn't belong to him/her, it is your money held in security in case you skip, or damage the property.

Don't send that email. no need, it'll achieve nothing, only possibly antagonise her further and start her plotting and scheming.

EricNorthmansMistress · 26/05/2011 09:19

Most agents ask for 1.5 months rent as a deposit these days, due to people witholding the last month's rent. They are left with nothing to cover genuine damages. Witholding the last month's rent is not a great idea but at least it would guarantee you got that portion of the deposit back, IYSWIM.

Flisspaps · 26/05/2011 09:21

If you don't date stamp the photos but get them printed, post them to yourself using Recorded or Special Delivery. Don't open them when they arrive at your house.

The date will be printed on the envelope - which will still be sealed.

Do the same with your new place on the day you move in.

DH did this with his flat.

nickelbabe · 26/05/2011 10:02

you could also get them date-stamped at the post office.

CoffeeIsMyFriend · 26/05/2011 11:32

framey do NOT send that email re the shrubs and oven etc. It sounds arsey and slightly antagonising. Your LL is not worth the mental effort. Your deposit is held by the government scheme, so dont worry about it.

Infact, dont reply at all. If you are going to do anything get a gardener to come, prune shrubs (depending on what they are) its really not that difficult and get an itemised receipt. Photos are your best friend, before and after with date stamp on.

bibbitybobbityhat · 26/05/2011 11:49

Framey
I would email her back and just say "Are you absolutely sure you want the shrubs cut back now, in their peak growing season? The vast majority of shrubs require autumn or very early spring pruning, depending on when they flower. I am just checking, but if you do definitely want them pruned then I will arrange for it to be done."

Hopefully she will change her mind. For extra gravitas you could look at the BBC gardening website they will have simple tips on pruning, you could incorporate just a line or so of info from there which will make you look in the know.

Original poster
FrameyMcFrame · 26/05/2011 17:29

Oh dear well I sent the email I'm afraid against all rationla advice, I did modify it and took out the whole bit about the oven and shower. Was up with DS at 5 and thinking about it all and getting angry so just pressed send.

No reply yet

OP posts:
Original poster
FrameyMcFrame · 26/05/2011 17:42

Oh she's replied now... I'll copy and paste it, here is the email I finally sent to her this morning.

Thanks for your email.

I think there has been some sort of misunderstanding here. I thought when you said in your previous email that "I think you're going to need to employ a qualified gardener as there is a real skill to pruning a shrub correctly", you meant that we could not do this job ourselves. But now in your subsequent email you say "it is your responsibility to look after the garden, whether you do it yourselves or you whether you choose to employ someone to do it for you".

So is it ok if we cut the shrubs back ourselves then? I just think it's important to get this really clear now as I really wouldn't want to cut the shrubs back and then for you to say we'd done it wrong and hold us liable to replacing them.

I assure you that we are not intending to shirk our responsibilities as tenants, just that the tenancy agreement doesn't specify that we have to "employ a qualified gardener" .

Regards

OP posts:
Original poster
FrameyMcFrame · 26/05/2011 17:46

And here's her reply

Dear ....,

There has been no misunderstanding regarding the garden as far as I am concerned. All you and .... are required to do is to adhere to the tenancy agreement: 'to keep the garden and grounds properly cultivated according to the season and free from weeds in a neat and tidy condition with the lawns regularly mown and edged and shrubs and trees pruned but not alter the character or layout of the garden or grounds ' all as clause 4.3.28 in the Assured Shorthold Tenancy Agreement.

As I mentioned in my email of the 19 May ... and I will be away for much of June . I therefore wish to come down to ....... on Thursday 23 June at a time to suit you, to see how the garden is looking by then, and hopefully to confirm an extension of your tenancy for a further 6 months from the 25 July.

Please confirm that this date is possible for you, together with a time

OP posts:
Original poster
FrameyMcFrame · 26/05/2011 17:49

So she's planning yet another visit... don't think my blood pressure can take it. Ad if we refuse what then? Legal action, harassment?

OP posts:
LaWeasel · 26/05/2011 17:53

Well... you could just say No. What do the legal bods think?

She's just going to come round and row with you.

Especially if you're planning on leaving anyway.

When it comes to leaving, I really recommend hiring a cleaning company not just for the carpets but for the whole house (ring round and get quotes it's not as expensive as it sounds) and ask for receipts whcih detail what they've done. It will be a lot harder for them to claim you left the house in a mess if you've got the receipts to back you up.

CoffeeIsMyFriend · 26/05/2011 18:12

Framey when was her last visit?

Do you have an Estate Agent or is everything done via your Landlady?

I would say no, it isnt convenient at the moment and you will speak to her after her holiday.

Original poster
FrameyMcFrame · 26/05/2011 18:25

taken to the gin now, it's really stressing me, we don't have much money for extra stuff. Like gardeners and cleaning companies or legal advice

plus moving is going to cost and it's DD's birthday in a month and sh'e going to be 10 and expecting party and trampoline

OP posts:
HerHissyness · 26/05/2011 18:28

Erm, condition of anything is immaterial until you are checking out... unless it is SUCH poor condition as to warrant notice being served.

My client had a tenant for over 5 years who never once cleaned the house. the agent/LL inspection (quarterly) told the tenant that it needed cleaning, and the floor clearing (couldn't see it for stuff, literally) walls plastered with posters, blutack marks the lot. In the end, despite actually warning the tenant again and again, showing them how to use a hoover (I kid you not!) the LL eventually decided to give them their notice as the property was seriously deteriorating.

I understand that LL have a hard time detaching from their rental properties, but your LL is being intrusive and overly involved in your home.

I would write back and say that you are finding the number of vists/inspections to be intrusive, and on the whole unnecessary. State that tbh you would prefer to be left alone until mid July at the earliest whereapon you will confirm or not if you intend to stay past 25th July.

As you have an Assured Shorthold Tenancy Agreement, and are within the minimum period of 6m you don't have to serve notice as it's assumed you will leave at the end of the 6m unless you choose to renew:

Terminating an AST

The Landlord is obliged to serve 2 months? notice (known as a section 21) if they wish to terminate an AST. The notice can be served at anytime during the fixed term but should not be dated to expire before the end of the fixed term. The tenant is not required to serve notice during the fixed term (apart from under the terms of a break clause) as it is assumed that if they are given notice or do not choose to renew they will leave at the end of the tenancy.

IF you do decide to continue with the tenancy, State then for future (and write it on the new agreement) that barring emergencies that you will not accept visits/inspections with any greater frequency than 4m.

Original poster
FrameyMcFrame · 26/05/2011 18:28

her last visit was just last thursday Coffee, no estate agent as they just did tenant finding for them. They manage the property themselves

OP posts:
HerHissyness · 26/05/2011 18:30

To be clear, you can refuse to allow anyone to enter your home without your permission.

Regardless of what the contract says, you CAN change the locks and NOT give a key to the LL, if you are being genuinely harassed in your own home. (trust me, I had to do this and got legal peeps from all over to confirm this)

HerHissyness · 26/05/2011 18:32

Oh, the refusal to allow access to your home includes prospective viewings too. Your right to peaceful enjoyment trumps everything else when it comes to access to your home, barring dire emergency naturally.

Original poster
FrameyMcFrame · 26/05/2011 18:34

Thanks for listening everyone, HerHissyness, thanks, what you say makes sense and I feel a little calmer now. Might be the gin :)

OP posts:
CoffeeIsMyFriend · 27/05/2011 09:37

just say NO! Last week. FFS.

Email her and say that her coming round ... is inconvenient and she can inspect the property in 6 months time. End of!

nickelbabe · 27/05/2011 11:51

She still can't tell you to leave at the end of the agreement now, because she still needs to give you 2 months' notice.
that means if she doesn't visit again till 23rd June, the earliest date she can insist on you leaving is the 25th August.

Original poster
FrameyMcFrame · 27/05/2011 13:40

just drafted an email back

Dear ....,

Thanks for your recent email.

Both ..... and I feel that another inspection of the property only just over a month after the last one is not only unnecessary but intrusive and would compromise our right to live in the property in peaceful enjoyment.

The property, house, garden and grounds have been kept in a reasonable condition and rent has been paid on time. We have made it clear in our previous emails that we intend to continue to fulfill our obligations regarding the garden, weeding and mowing and edging of the lawn as we have done throughout the tenancy. As you have refused to answer my simple question regarding the care of the 'shrubs' I will take further advice on what to do regarding this.

Regards,

.....

OP posts:
HerHissyness · 27/05/2011 15:16

EEk, understand why, but the last line is a bit Confused

State that you will get advice on timing for pruning back of shrubs prior to doing so, to ensure no damage is done to them.

State that clearly there is no need for concern over the condition of the property, as it is being well looked after. Legally speaking your obligation is to maintain the condition of the property as best you can within reasonable limits of fair wear and tear. As long as you return the property in a condition as closely matching that which you received it in, you are more than adequately fulfilling your obligations wrt the tenancy agreement.

agree with you on the comment about the visit, it really is too much. It may be their property, but it IS your home.

The fact that you state that you do not wish them to come again until you agree it, if they disregard this, then you are well within your rights to change the locks.

Now that this situtation has deteriorated as much as this, you know you have no real alternative option other than to refuse to renew and leave. As I stated, you don't need to give notice at all.

Original poster
FrameyMcFrame · 27/05/2011 19:08

Thanks I'll rewrite it, thought that last bit sounded a bit rude but I feel crap, we're basically being forced out by her unreasonable behavior. DD was crying last nigh because she doesn't want to move house :(

OP posts:
bibbitybobbityhat · 27/05/2011 19:17

Framey: please just send my draft email.

You are not being forced out of your house. I am sure you can make it happen that your Landlady modifies her behaviour. You just need a firm but fair approach.

Believe me, she will not want the hassle of a changeover of tenants. She is just being arsey.

Ignore that side of her nature and get on with dealing with the practicalities without becoming emotionally involved, if you can.