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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Suspicious Landlord...

53 replies

OopsyStudent · 18/04/2018 13:31

Putting it here hoping that there's someone who can help! Sorry it is long, do not want to drip-feed.

I am a student. I live with my partner and three other flatmates in a five-bedroom flat. It is the first time we have all rented with a private landlord, hence why we are needing some advice.

Background: our contract has no break clause. This means we are tied in until August. The landlord gave us permission to sub-let if ever we wished to move out, otherwise we must continue paying rent until August even if we leave. Rent (excluding bills) in £450pcm, so as you can imagine, it has been a bit of a struggle. The flat is ok, great location, but definitely worn out.

Last night, my flatmate informed me that she had discovered that our landlord was untraceable in the landlord registry. She had contacted him about this, and he said that he had recently renewed his number and thus there was a new one. Reluctantly he gave her the new number which remained untraceable. Our money each month goes to a business account, not a personal one. Our landlord works in a family business (so we thought nothing of it), and we also found that his parents had bought the flat that we live in, so surely that means that it is not his flat? Can someone buy a house and entrust another to be a landlord?

Our landlord has his mail continually sent to the flat, and once we got curious and opened it to see he was in massive amounts of debt. This has worried us as we have all placed down a £400 deposit which we feel we could potentially lose. There was broken furniture when we moved in, which I immediately took videos/pictures of, and they have yet to be fixed. Our move-in date was also postponed due to apparent renovations and decoration, however (I did not realise until last night) when our flatmate moved in on the allotted day, our landlord did not greet them with keys but another tenant who had been living there. He apparently left dirty dishes, was sleeping in a sleeping bag on the bed and then after handing over keys complained he had nowhere else to go. We have also had visits from past tenants to collect things several times. Our landlord has only visited once, at the start. His father has inspected twice, the most recent time we did not have 24 hours notice, and we have been told that we do not have to be present when he inspects as he has keys, just so long as he makes us aware of his visit. We have had one fire safety inspection, and no council inspection, whereas other flats we know of have had at least one council visit. Our landlord also promised an itinerary, and has yet to give us this. We signed all our documents separately, however we were later told to re-sign one page together so our signatures were on one sheet. He was supposed to provide us with the sheet, but never did, thus whilst we have all signed separate sheets we still have not signed that one together.

The more we think about things the stranger it is. It definitely seems unprofessional in any case. My parents seem to think perhaps he is illegally subletting but not sure how to check this or who to ask. AIBU to be suspicious and seek advice, or am I just confused about renting and have different expectations to reality?

OP posts:
Uniglo18 · 18/04/2018 13:40

www.citizensadvice.org.uk

www.shelter.org.uk

Try the organisations above for advice re your landlord. I'm on my lunch break hence short reply, will return later.

AgnesBrownsCat · 18/04/2018 13:41

It sounds like he doesn’t want to pay tax on the income from the rent. The post will be delivered there so he can pretend he lives there.

ButDoYouAvocado · 18/04/2018 13:45

Did yoir rent go into a protected deposit scheme? This is a legal requirement.

ButDoYouAvocado · 18/04/2018 13:45

Sorry DEPOSIT

Did your DEPOSIT go into a protected deposit scheme?

UpstartCrow · 18/04/2018 13:46

Yanbu, and I recommend you use the links posted by Uniglo18.

My LL was dodgy and I ended up homeless, lost my deposit and 3 months rent I'd paid up front. I was left pretty much destitute. you need to find out whats going on and protect yourself.

Allthebestnamesareused · 18/04/2018 13:47

Where abouts are you? There is no requirement ro be on a landlord's register where I am based nor for council inspections.

Most student lets do not have break clauses but last the full year regardless of when term time is.

Is it £450 per person per month? Not really sure of relevance of amount as I assume you knew what you'd be paying.

They do need to give notice of inspection and you can insist on being there. They should not be letting themselves in.

A search of the Land Registry will abow tge owner. It is up to the owner who "runs" the letting inspects etc. So parents may allow the son and vice versa.

OopsyStudent · 18/04/2018 13:47

Uniglo18 thank you very much!
AgnesBrownsCat yeah that's what my parents are thinking. I wasn't too sure what pretending to live here would mean for him but I understand that now hmmm. Thankyou
ButDoYouAvocado honestly it was a while ago now...I think it just went to the same account that we pay rent too if I remember rightly. I'll double check my bank statements

OP posts:
OopsyStudent · 18/04/2018 13:50

Allthebestnamesareused we're in Glasgow :) We've always made sure two people have been here, and kept an eye on whoever was here each time. Yeah £450 per person per month. I just added it for background info. Thankyou for clarifying things

OP posts:
scaryteacher · 18/04/2018 13:51

If you are all students, then normally the l/l wants you tied in for the whole year. When we looking at second year accommodation for our son, most tenancies were over the summer with no break clause. Some started earlier. The landlords need to summer vacation covered.

I own a house; it is managed by a letting agent - the son could well be acting as letting agent for his parents.

I am not on the register of landlords, it isn't afaik, compulsory in England. I don't think that is 'suspicious'.

You need to check that your deposit has been put in one of the deposit protections schemes, and get written conformation of this, which one etc. If the landlord hasn't done that, he can be fined for up to three times the amount of the deposit iirc.

OopsyStudent · 18/04/2018 13:51

UpstartCrow oh god that's awful :/

OP posts:
PilarTernera · 18/04/2018 13:51

It doesn't matter which bank account you paid the money into, your landlord must protect your deposit in a government-backed tenancy deposit scheme and he must inform you which scheme he is using.

More info here www.gov.uk/tenancy-deposit-protection

CuriousaboutSamphire · 18/04/2018 13:52

Tied in until August? When did you move in? 6 months is the minimum term for an AST in law! So there cannot be a break clause n a 6month AST. The LL is entitled to hold you to all of the rent for the contracted period. Changing one person in a tenancy is difficult to do kegally, depending upon the type of contract you all signed,

The landlord and the owner do not have to be the same person.

Not all areas have a landlord licensing policy, though as you are in an HMO there will be additional rules and regs - though your area probably does or you wouldn't have searched it Smile

If you have no inventory (you said 'itinerary') then the landlord cannot make a good case for retaining any of your deposit when you leave

As for the bank account - that is nothing to do with you! Any illegality is down to him. As are his debts. Though both should make you a little nervous!

Inspections are usually done every 3 - 6 months and you have the right to refuse them! You must have 24 hours notice and the LL not acting in a landlordly manner if he just comes in as and when he chooses. But yes, he can ask A N Other to do the inspections.

Questions:
Where in the UK are you? Scotland has different laws, for example.
When did you move in?
Did you pay a deposit? Was it properly rpotected within 30 days of your having paid it?
Did you get the Right to Rent information, Gas Safe certificate (if appropriate) and your deposit protection certificate?

My best advice to you all is to look for somewhere else to live as soon as your tenancy is up. And then, depending on what your answers are to the above questions, you will all need to be on the same page to rebuff any possible silliness on his part!

CuriousaboutSamphire · 18/04/2018 13:56

Scotland.. OK

Firstly talk to your university housing team, get them to help you, that is part of their job!

scotland.shelter.org.uk/

This is the Shelter link you need, the laws are different to the English ones.

OopsyStudent · 18/04/2018 14:24

Brilliant CuriousaboutSamphire! Thankyou for clarifying (oh god, I could not think of the word 'inventory' for some reason!).
We're in Glasgow, so yes Scotland.
We paid the deposit last July, but moved in August. It's a year contract so I fully understand that we are tied in for the year. We knew that when we signed on, the only reason I mention it is for context and also because obviously now we're a little iffy (hence the thread) so we're hoping it doesn't go to pot before we leave!
As mentioned above, we did put down a deposit, and I am unsure as to whether it has been protected. I cannot recall receiving any information about this.
Hmmm I will look through. I think we do have a gas service certificate in the hallway, as I am sure this has been checked with fire safety. I will have to look for the other documents you mention.
Thank you very much!

OP posts:
OopsyStudent · 18/04/2018 14:24

Thanks for the link too :)

OP posts:
CuriousaboutSamphire · 18/04/2018 14:37

Here's another you might like

www.mygov.scot/tenancy-deposits-landlords/

It lists the 3 Scottish deposit schemes and it is easy to check if your deposit has been properly protected. It also explains the Scottish version of the fine for not doing so...

If you don't use a tenancy deposit scheme your tenant can complain to the sheriff court, either during the tenancy or up to three months after it ends. The court can order you to pay up to 3 times the deposit to your tenant.

My best advice is to find out if your deposit was protected, check if anybody has the information outlined. Assuming he has not done it properly HOLD FIRE until the end of your tenancy and, if he tries to play silly buggers, throw it all in his face! Go to court and see him fined, share the money between you all and have a nice Christmas Smile

Godowneasy · 18/04/2018 14:40

The first thing you need to concentrate on is sorting out whether the landlord paid your deposits into a protected deposit scheme within 30 days of the start of the tenancy. You would have received information about this from the scheme at the time, as well as essential paperwork from the Landlord detailing the scheme. If he didn't do this he can be fined 3 times the rent for this!

You are in a reasonably strong position though, as at least you will know in advance if he hasn't used such a scheme. In this event, you could all withhold the last month's rent in lieu of getting your deposit back. Not ideal, but at least you don't get to lose your deposit.

Do get an organisation like CAB involved though, as it will provide evidence of the difficulties you've had, if the landlord refuses to give you references as a result of withholding the last month's rent.

Your landlord or their representatives should not be letting themselves into your home without your agreement and without giving you notice.

Your landlord's appalling behaviour is what gives private landlords a bad name.

Treacletoots · 18/04/2018 14:47

I worked in student accommodation for a fair while! On the whole they seems to get rather the arse end of a deal. High rents, rough places, poor cancellation clauses and not the best locations..

However with regards to your concerns. Check NOW that your deposit went into the government scheme. Your LL should not have even touched it. If he didbt do this then he's breaking the law.

The bits around the quality of property and maintenance are slack and not acceptable but realistically will cause THEM a headache not you. At the end of the lease you can protect yourselves from any possible claim as you've already photographed everything.

It sounds like he's not paying tax either, with him having his mail going there. I think you've a bargaining chip here. 'Oi LL, sort out these issues or we'll have a little chat to the Self Assessment people...

Everything else you've mentioned is a non issue, he can have whoever he likes round to the property to inspect, provided notice is given so I wouldn't worry about that.

borlottibeans · 18/04/2018 14:50

Curious's advice is good but I just wanted to add that in Scotland your landlord absolutely does have to be registered with the council, and I think will also have needed additional permission to let the place as an HMO. If I'm understanding you correctly it sounds like you'd be quite happy to end the tenancy early, and if that's the case I'd definitely go to the licensing department at the council and see what they have to say about all this.

OopsyStudent · 18/04/2018 14:53

CuriousaboutSamphire (and everyone else who has mentioned about the deposit) thank you! I didn't even know about deposit protection or anything like that and wouldn't have known where to look first. I'm asking flatmates now if they remember anything about it (as I may just be misremembering). Definitely something to consider if he tries anything at the end of tenancy!

Godowneasy thank you for the additional info! Yes it is a shame, he's a nightmare to get hold of as well. It hasn't been ideal. We're looking for flats now for once we end our tenancy (we've seen a few, but obviously being tied in until August means we have to wait a while...can't afford two rents) and it has definitely made me iffy of landlords. On the other hand, this could be a good thing, as we'll have all learnt from this time.

OP posts:
OopsyStudent · 18/04/2018 14:55

Flatmate has looked back at contract. We have had no deposit protection paperwork of any sort. In the contract it simply says the deposit can be kept if the landlord feels the need to use it at the end (I'm guessing for renovations or damages, but as I said I have already documented what was broken when we arrived). I don't know if this would alter anything?

OP posts:
CuriousaboutSamphire · 18/04/2018 15:08

I wouldn't worry about that. If he didn't give you an inventory he won't be able to prove any loss. And you don't have to volunteer that you did any part of his job for him Smile

Having read borlotti's post, you may be able to get out earlier if you follow that advice! I don't work in Scotland, so don't know any details, but it looks as though the council is another good place to start!!

ParisUSM · 18/04/2018 15:17

I take it you've searched for your landlord here
www.landlordregistrationscotland.gov.uk/search

Maximum fine for not registering is £50,000
You're also an HMO and you need to find out if your flat is registered as one
www.glasgow.gov.uk/index.aspx?articleid=18374

There's a private landlord unit at GGC and they'll help you, as will Shelter Scotland or Citizens Advice. He needs shopped in my opinion.

CuriousaboutSamphire · 18/04/2018 15:21

Well, that turned out to be far more fun than you might have expected, Oopsy Grin

Sheffield89 · 18/04/2018 15:26

Hi, I'd check the named landlord and address on the deposit protection certificate