AIBU or is my landlaord?

[paniconthestreetsofcarlisle]

DD and I moved into a 2 bed flat 5 years ago, we had to move fast as we were homeless and fleeing DV.

The flat we moved into was shabby and not necessarily in the beat state of repair but the walls were magnolia and most things we could live around.
In other circumstances we wouldn't have chosen it but we were desperate.

Since we have been there problems we have found include:

• the windows would now be considered illegal to put into a new property as the open right out about 2.5 feet off the ground in a 3rd floor flat, someone could easily fall right out.
• the consumer box is not a modern one so the fuses are old and don't always cut out when they should.
• sometimes when we turn a light on or plug a device into a socket we get a small electric shock.
• the instructions on the cooker dial have rubbed off, by trial and error I have worked it out but a new tenant will have to do the same to discover which is the grill, oven etc.
• the bathroom radiator is old and very rusty.
• despite bleeding the radiators some of them don't work very well.
• the flat is damp, particularly in the bathroom and kitchen, despite using the extractor fans and buying and using a dehumidifier. We went on holiday this winter and even though we weren't in the flat and hadn't left anything wet around the damp had got worse. The damp in the kitchen and bathroom is not just because it's the kitchen and bathroom, the share an external wall and it is the wall that seems to be the problem.
• the kitchen cupboards are warped from the damp coming through from the wall behind.
• the boiler broke recently, it was bodged back together but really the place needs a new boiler.
• there was a gas leak because of the boiler and we had to get the emergency gas people out to sort it until the boiler man came round.

There are other things, this list is not exhaustive.

I have reported all of this to the landlord and he has bodged a few things and left the rest.

I have given notice now, we are leaving in just over a months time.
When I gently removed the pictures from DD's wall to move them a load of the top layer of plaster came off. I think this is probably because the wall underneath is so damp. It needs reskimming.

I have always paid my rent on time and reported any problems to the landlord.
I am a clean freak so until now the place has always been clean when it has been inspected.

Having given him more than 1 months notice he is now saying he has tenants lined up already and wants to get in to take them for a look around. When there have been problems with the flat in the past he has been slow to respond but he's sent me 3 texts in the space of 24 hours hassling me to get access to the flat.

The flat is currently a mess of half full boxes, empty boxes, moved furniture, piles of stuff to go to the charity shop/tip. It is dusty and messy.
I told the landlord this by text last night but he still says he wants to take people round asap I don't actually believe he had tenant lined up this quickly

AIBU to ignore him for a couple of weeks and not allow him access until the place is a bit more sorted?

I am worried that he will be angry about DD's bedroom wall and the skim that needs doing.

Please read the rest of my posts. I absolutely agree that the tenant can refuse access. If their tenancy agreement says they'll provide reasonable access, though, and they won't provide reasonable access, they're still in breach of the tenancy.

Which law, exactly, are people claiming renders this piece of the contract unenforceable? "The law" is a little unspecific...

Consider, for example, if the tenancy agreement specified you had to allow reasonable for inspections during the tenancy. If you didn't, you'd likely find yourself receiving a section 8 notice for breach of tenancy agreement. Discretionary, but would likely be permitted IMO.

Don't ignore, just write a letter saying no viewings. I take it you gave written notice too?

Thank goodness for someone who does the only thing you can do with crap landlords - leave.

Another letter to environmental health, maybe, especially if by any chance there is no gas cert.

As an aside the windows are not an issue, it was like that when you rented and there is no UK law specifying that older property windows have to be brought to new standards. A fuse box is also OK in itself although the electric shocks clearly are not! Another mention to environmental health for that.

legal-dictionary.thefreedictionary.com/quiet+enjoyment

statutory right to quiet enjoyment.
staturory = cannot be taken away by contract

Yes, I'm familiar with the "quiet enjoyment" covenant. A landlord who enters without your knowledge, or who tries to bully you into viewings on their terms, or who comes in when you've said "no", is breaching that covenant.

Note, by the way, that a covenant is again a matter of contract law - i.e. if the landlord breaches it, they've broken the contract, and your recourse against them is through breach of contract.

None of that means that a clause in the contract saying you will grant reasonable access is rendered irrelevant by the implied covenant of quiet enjoyment.

www.landlordzone.co.uk/forums/showthread.php?26589-L-s-right-of-access-for-inspection-or-viewing

Worth highlighting, though, the last para in the post I linked to there:

All the above is all very well, but in practice and in the absence of harassment by either party, when the tenancy is short term no one is going to take the time and trouble to go to court. It really has to come down therefore to the parties behaving reasonably and not adopting entrenched positions, each bearing in mind that if he goes too far he may end up paying the other damages.

In other words - PROBABLY, nothing's going to happen if you refuse viewings :)

OP you won't loose your deposit if you haven't damaged the flat.
We rented twice in London and always got our full deposit back.

In my email to him yesterday I said that currently the flat is not clean and it is in a mess. I was very detailed about why it was a mess. I also said that next week and the week after I will be living at the flat so that after work every day I can sort through the cupboards, under the bed etc and start moving things to the charity shop, take any remaining non perishable food, toiletries and that sort of thing. The stuff to go to the tip has already gone. Then when the removals people come in they can do the larger things that remain,

I have always allowed reasonable access to the flat, for tradespeople and for inspections although I only had one inspection every 18 months or so because he considered me to be a good tenant and the place was always spotless. After I've spent a week there sorting things out and clearing some space so about 12 days from now I'd be happy for him to come in, of course I would.

I have given him more than the statutory 1 months notice so he still has more than a month to go until the end of my lease.
For many reasons I don't think he has a prospective tenant lined up.
In the state it's in at the moment I doubt anyone would want to rent it, they'd have to be desperate and if they are desperate it's unlikely they will be prepared to wait 5 weeks for the flat to be available to them.

Again, in my email to him yesterday I was very clear about the state of the place, why and what I would be doing about it.

In other words - you are preparing to move and so there are boxes and stuff everywhere. As would be expected !

Yanbu to expect your deposit back if you have left the place in a better place than you have found it.

Yabu to refuse access, just to be difficult. It is none of your business whether the LL is letting it straight out again or not. There may or may not be a tenant as desperate to move into it as you were.

I'd create a spreadsheet of"things to ask the landlord to deal with with additional columns for date reported and date handled. I'd put a line through the stuff which has been done. And I'd print it fairly large and stick it on my fridge. Then I'd let him go ahead with viewings.

Downtheroad I'm not doing it just to be difficult, there's so much stuff about there isn't even a pathway between everything to get through the living room to the kitchen, it's at that stage.
I moved all of DD's things into the new house at the weekend so DD's room has become a dumping ground. As I said, at the moment it's a right mess but I do have a plan to sort it.
And no, you're correct. Whether or not he really does have a tenant is none of my business, I know that but that's not really my question here.

special has it right.
It's not just boxes though, it's chaos.

civil

And special I know you are right about the windows and we knew they were designed that way when we moved in. As DD is older it wasn't a problem but I would hate for anyone with small children to rent it like that.

That will be their decision - not all houses are suitable for everyone . the windows in my rental open far enough to fall out, now you.mention it, as they do in my own house. There are locks on them in both properties if there are kids about.

But with the state of this place I hope no one else rents it!

And pre move does equal chaos!

The type of responses these threads attract make me laugh...

What exactly can the landlord do about a breach of contract if the OP refused access for viewings:

Serve a section 21 - she's leaving anyway
Refuse to give a reference - OP has bought her own home so not needed
Deposit deductions - good luck with that one. I'm sure the OP has plenty of proof that the property is in a shambles so it's unlikely that the LL can deduct for future loss of rent. And it's a hard one to prove anyway, even lovely properties can stay empty before a new tenant is lined up.

Of course he is entitled to REQUEST access for viewings, but the OP can tell him is not suitable/reasonable at that particular time and so on

Op, even if he does try to request anything from your deposit the holding service will act as a mediator anyway. You can also apply for a full refund immediately. By the way unless a full inventory was taken on entry and again after exit, he wouldnt have grounds to request deductions regardless of any damage you did or didn't do. He can't automatically take it if that makes sense. I believe you may also be entitled to request any interest earned on the deposit when withdrawing this but this may be out of date info now so worth checking with citizens advice (I was an inventory clerk so free to pm me if I can help x)

OP, for the damp/mold, try leaving the windows open when you are not there.
Condensation forms inside on the walls that are also outside walls because the air inside is warmer than the wall. If the air inside is also cold there won't be condensation therefore no mold (it needs to be wet for more than 24-48 hours for mold to grow).
I am speaking from experience unfortunately.
Bleach is fab for removing mold from non porous surfaces (doesn't work on wood but good on tiles and walls if right type of paint).

OP are you ground floor Dont leave windows open when not there if you are. It could invalidate your contents insurance.

You can only refuse access if the time or date your landlord has asked for is not convenient or reasonable.

In the end, it is his private property and you only have access to it 'subject to contract'.

You can only refuse access if the time or date your landlord has asked for is not convenient or reasonable.

In the end, it is his private property and you only have access to it 'subject to contract'.

Wrong

Why are people commenting with such confidence about stuff they clearly don't understand.

counterpoint - what on earth are you talking about?

OP you would be well within your rights not to allow viewings. But he will kick up a fuss. Is it worth the hassle?
It sounds like you have come through such a tough situation. This part of your life is almost over. Is it worth an argument with such a loser.

I wouldnt be suprised that the innaccurate posters are landlords who think their contract is better than law

I've been both. Tenant for decades and landlord for decades - plus some crossover.

My conclusion: be reasonable.

But I guess if everyone was reasonable, Mumsnet would fold.

I would be reasonable about access if my LL was reasonable with repairs etc

But if the LL wants to have their cake and eat it then I wouldnt be so accommodating.

I would try and use polyfiller to sort out DD's wall. Not ideal, but you don't want him saying oh gosh what have you done, I will need to get a plasterer, then charge for a plasterer but prob get any old handyman to do a bodge job. So he makes money out of it.
Tell him until a certain date you need to get things sorted, so inspections would be better after this date. If he's still persistent try and reason with him.

Can people stop becoming landlords without even researching the fucking basics.
Jesus