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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Landlord harassment - advice please!

14 replies

Ohapples · 09/01/2018 17:52

I recently moved out of a rented property. Landlord wants to keep my £1400 deposit and take me to court for additional £300

After months of harassment and landlady letting her self in at all hours. Police issued her a formal written warning. Gave me a small motion sensor to fit to the front door and I changed the barrel of the lock. Quickly looked for another place.

I informed the landlady and her agent that once I had given notice to leave I would allow viewings but not before (the property was on with four agents, they where booking multiple viewings and turning up without notice or not turning up when meant to and I didn’t even have a moving date so seemed a waste of time for me and prospective tenants) between me handing in my notice and moving out no letting agent called to arrange viewings.

Landlady has now written to me demanding money and threatening court action. She is claiming I should pay her a month loss in rent because I didn’t allow viewings. Is there anywhere legally that says she can this?

Also I left the new barrel in place with copies of the keys and the old barrel with all copy of the keys so she could use either. She’s claiming I broke the contract by changing the lock but it was only way I could stop her coming into my property without notice.

Any experience or advice please

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placebobebo · 09/01/2018 17:57

You need legal advice. Start with CAB and Shelter (they also deal with tenancy issues as well as homelessness). Then consider getting in touch with a solicitor who specialises in landlord/tenant disputes. Sounds like she may take this all the way to court, however she has little chance of success because it is her actions (which you have proof of) which caused you to take the steps you did for your own protection.

ChelleDawg2020 · 09/01/2018 18:06

You are allowed to change the lock. Your only obligation is to give the landlady a copy of the keys, which you have now done.

You are not obliged to allow viewings. You are allowed to reject viewings that are not reasonable, eg because there was no notice or you were too busy.

The landlady's only rights if you breach the tenancy agreement (which you didn't by the sound of things) are to evict you, which is now irrelevant. She cannot withold your deposit for the reasons you mention, only for putting the property into the condition it was at the start of your tenancy, allowing for fair wear and tear. (The lack of viewings is irrelevant, and the lock change is too - the new lock is just as good as the old one.)

If she takes you to court she will be laughed straight back out, but I would recommend speaking to a solicitor or Citizens Advice nevertheless.

ChelleDawg2020 · 09/01/2018 18:08

Oh, and keep the letter she sent you explaining her (invalid) reasons for withholding your deposit - "give her just enough rope to hang herself", as it were.

ginswinger · 09/01/2018 18:16

She sounds a little unhinged!
Okay so legally she has to protect your deposit in a scheme like the DPS. You should have been given details of this when you moved in. They will allow for arbitration on the return of the deposit so if she says she's keeping it all, they give you time to say why not and then make a decision.
If for any reason she didn't protect your deposit, she's in deep poop and there's huge fines for not doing so. So do you know if she did or not?

TheHungryDonkey · 09/01/2018 18:31

Don’t ask for legal advice on here. Some of the housing advice I’ve seen on here in the past is wrong. I would contact Shelter If you can’t afford a housing solicitor.

OliviaBenson · 09/01/2018 18:36

Isn’t your deposit protected? They will arbitrate.

DullAndOld · 09/01/2018 18:39

another one asking - which scheme is your deposit held in?

if not then she is in the wrong anyway.

CheekyFuckersAreEntertaining · 09/01/2018 18:41

She is not allowed access to your property whether she has 24 hours notice or none at all. Viewings, NO MATTER WHAT THE LEASE STATES are not legally enforceable. Many people do not realise that you cannot sign away your legal rights with a lease.
You are NOT obliged to give a copy of your keys to your landlady. In fact, you're not meant to according to many contents insurance policies. What you must do however is replace the old lock when you go although as long as you left her the keys for the new lock and the old lock then it's doubtful a judge would care.

Talk to Shelter. They are amazing when it comes to tenants rights. The landlady must have your deposit in a rent deposit scheme and if she hasn't then she is liable for a fine (payable to you) of up to three times the amount of deposit. Keep everything she sends you in writing and personally, I wouldn't be opposed to recording her if she phones you or turns up in person.

Ohapples · 09/01/2018 18:47

Yes with TDS, I have opened a dispute but she close it/ refuse their service and take to court x

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DullAndOld · 09/01/2018 18:57

I think you need to contact Shelter or CAB

Ohapples · 09/01/2018 19:08

Chelledawg2020 do you know where I could find that in writing?

“You are allowed to change the lock. Your only obligation is to give the landlady a copy of the keys, which you have now done.

You are not obliged to allow viewings. You are allowed to reject viewings that are not reasonable, eg because there was no notice or you were too busy.“

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Ohapples · 09/01/2018 19:14

Thank you everyone, I’m going to CAB, I can’t af a solicitor (just moved house and find money for another deposit 🙄)

the new lock was actually better than the old. But both and where left so she could chose. He charging £60 because she states a light bulb in the bathroom was out, it wasn’t as all light bulbs where checked when I left. The property was in a spotless condition, very detailed photos where taken.

A landlord doesn’t have to use the deposit scheme process that can take it directly court unfortunately

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Sunnyshores · 09/01/2018 19:25

Im a ll and I can tell you categorically that she doesnt stand a chance of keeping any of your deposit because of the locks being changed and because you refused viewings.

Unfortunately, due to the slowness of the law it will take several months to get a court date and be awarded the depost back. Courts dont like it when tenants or LLs chose not to use the deposit schemes arbitration, so that will do her no favours either.

Within 10 (check your scheme) days she should have given you a letter of deductions she was going to make, she cant change that or add to it later. Keep ALL paperwork from her, that alone will make her look like a mad woman.

CAB will help, but the court forms are quite easy to complete you dont need a solicitor.

Ohapples · 09/01/2018 19:35

Thanks so much sunnyshores x

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