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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 · 29/05/2011 19:26

But she hasn't given us 2 months notice has she?

OP posts:
CoffeeIsMyFriend · 29/05/2011 19:32

no she hasnt.

EricNorthmansMistress · 29/05/2011 19:34

:(
Well, you wanted to leave, soit's not the end of the world. However, she should have given notice in writing by 25/5 so you are within your rights to stay until 25/8 if you wish. If I were you (and a bit vindictive) I'd decide to stay that month just to annoy her :)

So -

"Dear landlady,
I acknowledge receipt of your email dated 27/5. I would like to inform you that we will be remaining in the property until 25/8. As you know, we are only obliged to provide one month's notice, however we felt it was fair to you to provide as much as possible.
In accordance with the tenancy agreement, and in keeping with our wish to enjoy our home peacefully and without disturbance, we will make the property available for viewings from 25/7 onwards. As we have served notice we feel it would not be reasonable to allow further inspections and as such we will wait until 25/7 before hearing from you again."

If they say you have to leave on 25/7 point out that they have not served proper notice. Oh and send yours by recorded delivery as well. If she tries to arrange an inspection simply refuse.

PigletJohn · 29/05/2011 19:34

if you have a 6-month tenancy, does it not expire at the end of the six months, unless renewed?

EricNorthmansMistress · 29/05/2011 19:36

No. The LL still has to give two months notice in writing. The tenant doesn't have to give any notice. So OP can choose to leave at the end of the fixed term, or she can give one month's notice and leave a month later.

CoffeeIsMyFriend · 29/05/2011 19:38

I thought it was the LL who served noticed on the tenants?

Original poster
FrameyMcFrame · 29/05/2011 19:38

It's so petty. Just because we stood up to her she's taking her ball home...

Ok, we wanted to move out anyway as we're sick of her behaviour but what if we hadn't had alternate options? We have two kids and she'd be kicking us out of our home for this???

OP posts:
PigletJohn · 29/05/2011 19:38

so would that be two months notice from the date the letter received? (let's assume letter will be received 31/5, therefore quit date 31/7?)

EricNorthmansMistress · 29/05/2011 19:40

No, there has to be two full calendar months from the date the tenancy started, so notice received on 27/5 means the two months begins on 25/6, as the tenancy runs from the 25th of the month. So 25/8.

Letting agents almost always hand deliver notice to quit letters.

EricNorthmansMistress · 29/05/2011 19:42

Coffee, it can be either way, if you are on a periodical tenancy. If the LL doesn't serve notice, and the tenant doesn't leave, at the end of a fixed term tenancy, then it converts automatically to a periodical. However, during a fixed term tenancy, if the LL wants them out at the end of it they must give two months notice in writing. The tenant doesn't have to give notice at all, they can just leave at the end of the fixed term. That's why it's good for LLs to keep communication open with tenants so they know what they are planning.

CoffeeIsMyFriend · 29/05/2011 19:42

stay in your own home, make the most of the savings you will have and go from there.

At least you will be able to relax and enjoy yourself without having some fruitloop LL bothering you every week.

Original poster
FrameyMcFrame · 29/05/2011 19:54

thanks Coffee, eric and Piglet, good to know people are there to talk to.

Feel quite shaken and sick now. But your right we need to get out of here.

Feels like we're being forced out just for sticking up for our5selmves

OP posts:
Original poster
FrameyMcFrame · 29/05/2011 19:56

Sorry DS is helping me type, just got in from work to get this email. :(

OP posts:
HerHissyness · 29/05/2011 19:56

She doesn't have to. Your AST is due to expire on 25th July, she is stating that when it does, you need to be leaving.

I don't like the you leave on 25/7 and we will carry out an inspection the following week. Not one bit.

Who will be conducting the check out when you actually go then? You need someone on 25/7 at 12.00 to check you out properly.

You may need to instruct an inventory clerk yourself this company does them for tenants for a start No experience of them, but it's worth you considering, cos you KNOW this landlady will be unreasonable.

Should you not wish for further disturbance at the hands of this creature, you can refuse all visits including prospective tenants if you so wish. Doesn't matter what your agreement says, if your privacy and right to quiet enjoyment is being compromised, there is nothing she or any one else can do - bar a court order which takes MONTHS - to force you.

You have to face facts, she is going to be trouble. Be prepared. Do the maximum you can do to erode her reasons for taking your deposit. If you are unhappy, do not hesitate to go to the TDS Dispute service, they ROCK and they won't stand for any of her unreasonable nonsense. 90% of the time they rule in favour of the tenant!

I'd recommend insisting on an independent inventory clerk to check you out. If you don't get on, HIRE one yourself!

Was the house/carpets/oven cleaned professionally when you moved in? If so, you have to have them cleaned professionally with receipts to prove it.

Move out a week before the 25th and spend the remainder of the tenancy making sure that place sparkles. This is not about her, it is about her trying to claim YOUR MONEY!

Photograph it to bits, remember the washing machine powder compartment, the extractor fan, all switches and power points, light fittings, skirting, everything.

HerHissyness · 29/05/2011 20:01

Sorry, I stand corrected:

She does have to serve you Section 21.

To legally terminate an Assured Shorthold Tenancy Agreement in England or Wales at the end of the fixed term, the landlord must serve a Section 21 Notice on the tenant and must give the tenant a minimum of two months' notice. In this case the notice is actually served before the end of the term.

If possession is sought by the landlord during the fixed term then it can only be obtained if a breach of contract has been proved and a Section 21 Possession Notice would not be appropriate. A Section 8 Possession Notice should be used instead.

Section 21 is divided into subsections with different rules applying to (a) notice served during the fixed term of a tenancy and (b) notice for possession that is served during a statutory periodic tenancy (ie fater expiry of fixed term).

Notice served before end of fixed term (Housing Act 1988) Section 21(1)(b)

This notice applies to a fixed term Assured Shorthold Tenancy where Notice for Possession is served during the fixed term. Notice under this subsection can be served on a tenant at any time during the fixed term of the tenancy (but not before the fixed term begins) providing the tenant receives a minimum of two months' notice. This is the case even if the two months' notice ends after the Tenancy Agreement has expired.

For example, if Notice Requiring Possession is served on the last day of the Tenancy Agreement, the tenant does not have to give up possession of the property until two months after the date that the notice was served or until the date written in the notice if it is further than two months away. It should be noted that where the tenant is in the initial six months of the tenancy, then the Section 21 Notice cannot expire before the end of that six months.

The notice should be sent by recorded delivery, allowing 3 days for delivery.

Original poster
FrameyMcFrame · 29/05/2011 20:01

But surely she needs to give us two months notice, We've been here for a year before this 6 months tenancy. Are you sure HErHissyness, I'm sure she has to give notice?

Otherwise she could just say a few days before it is due for renewal that she wasn't renewing?

OP posts:
Original poster
FrameyMcFrame · 29/05/2011 20:02

Cross post there!
Phew, gives us more breathing space if we need it

OP posts:
EricNorthmansMistress · 29/05/2011 20:03

X post? You are right Framey, she does have to serve notice.

HerHissyness · 29/05/2011 20:06

Yes, sorry, it's YOU that doesn't have to give notice.

You can leave at the end of your agreement as it is assumed the tenancy will end unless you sign another contract or agree to stay.

HerHissyness · 29/05/2011 20:10

"No, there has to be two full calendar months from the date the tenancy started, so notice received on 27/5 means the two months begins on 25/6, as the tenancy runs from the 25th of the month. So 25/8."

No, that only works once the AST has lapsed into a Statutory Periodic agreement. Framey is still inside the 6m AST.

Your notice will be taken as 2m from the date the note is served, in writing.

Framey... you could leave it a week or so and THEN tell her it has to be in writing and that it has to be 2 clear months from the date of the letter.... he he he, when IS she going on holiday?

warthog · 29/05/2011 20:12

Shock is all i can say

Original poster
FrameyMcFrame · 29/05/2011 20:38

But it would lapse in to statutory periodic arrangement after 25/7 and we'd still be living there. Think I need to see a solicitor.. I'm confused as to what my rights are here. I thought she's have to give 2 months in writing ending on the date rent is payable? Also doesn't she have to quote section 21 or something in the letter or otherwise it's not been done legally?

OP posts:
CoffeeIsMyFriend · 29/05/2011 20:44

OK - so Framey should take her 2 months notice from the date she receives the letter from the LL? So approx 31 May or beg of June? Which means her and family dont have to leave until end July/beginning August?

KatieMiddleton · 29/05/2011 20:48

Framey! when did you last sign a contract of any kind for the property? Did you ever sign new contracts after the initial one starting on 25th Jan 2010?

KatieMiddleton · 29/05/2011 20:55

No idea where the exclamation mark came from... was being assisted by DS so probably him. Wasn't meaning to shout Blush