Worried about possibility of bad reference from landlord

[Snickerdoodles]

A couple of months ago, I moved into a rented flat with three others (I didn’t know them before I moved in).

Although the flat itself is lovely (high ceilings, spacious, lets in a lot of light) and is in a great location, it’s getting quite run-down. The landlord bought the flat fifteen years ago, and as far as we can tell, he hasn’t done any maintenance work on it since then.

When I moved into the flat a couple of months ago, the landlord promised to replace things at his own expense if they stopped working due to wear and tear.

A few things don’t work well due to wear and tear now, but when we’ve emailed the landlord to ask to repair these things, he either ignores our emails or he will call unexpectedly to respond to our email and become quite aggressive (he called me a few weeks ago and said I’d been contacting him on at least a weekly basis - which is not true- and that he’s ‘not a hotel’, so we can’t expect him to repair these things quickly). He made me cry on the phone. We’ve now become more scared of contacting him.

The break clause of my rental contract is in December, so I’m thinking of moving out to a new flat then with a couple of people from this flat. My worry is that the landlord will give me a bad reference (as he might say that we’ve ‘harrassed’ him for repairs to the house, or something along those lines) and/or that he will take a long time to pay us back our rental deposits. What are my rights if he gives me a bad reference or takes a long time to repay my rental deposit? Could/should I go to Shelter and/or Citizens Advice?

When you moved in, was there a photographic record taken of the condition of the property and an inventory?

Your deposit should be in a protected scheme and you should have received prescribed information at the start of your tenancy. You can claim it back from the scheme directly. I suggest date stamped photos when you leave to protect yourself against any claim of ‘damage’ and keep copies of correspondence with your landlord.

No, there wasn’t, @AjasLipstick - neither an inventory nor photos taken. This makes me think that the landlord cannot really build a case against us as he doesn’t have proof of anything, but then neither do we, as his tenants.

Also shelter will be able to help you/advise you.

Your LL can’t make deductions from your deposit if there is no inventory. And he must return it within 28 days.

Is it protected?

Take a deep breath, he is bullying you and you don't have to put up with it.

Yes, try Shelter, CAB or even register and ask in Landlordzone (they are a bit grumpy but the landlords there are very helpful with tenants who have horrible landlords).

Before you go anywhere though:

1. Do you have the deposit certificate? You should have had it within 30 days of moving in, tellig you wehre your deposit is secured.

1. What items are broken? Are they essential items, like cooker, hot water etc? How long have they been broken?

1. When you say call do you mean on the phone or in person, at the flat?

And yes, use your break clause, spend the intervening time saving up a new deposit and get out. Leave him to his shoddy flat and bad landlording.

Thanks, Kitkat - the deposit is in a protected scheme (I’ve checked). Would it be enough to take photos on our phones when we leave as proof of the date they were taken?

I am an inventory clerk... I say that so you know I am not guessing

With no inventory the LL will not be able to claim against you for damages, not even for cleaning or items he may claim are missing. The deposit schemes really do not like LLs who cut that corner and then try to keep tenants money.

Thanks, 19Lottie82 and Curious.

One of the toilets has been broken for over a month now (it won’t flush)
and a kitchen light fell down from its support onto the kitchen worktop when my flatmate was preparing food. The landlord has asked us to get a quote from a handyman for the light but we haven’t yet managed to do this. By calling, I mean that the landlord phoned us. We haven’t seen him in person since I moved in.

You say you checked. That is good HOWEVER if he did not give you the certificate within 30 days you have a nigh on automatic claim for compensation... which could come in handy later

Also did you get the Right to Rent information from him, is there a gas safe certificate etc etc?

Thanks Curious - that’s so helpful to know (love Mumsnet!) I know it sounds a bit strange, but could it be possible that the landlord has written an inventory without telling us or showing us, and that he could use this inventory against us by saying that we damage items X, Y and Z?

*damaged

the landlord has asked us to get a quote from a handyman for the light but we
haven’t yet managed to do this.

In fairness I don’t think you can blame the LL for this then. It’s not hard to get a quote.

No, I haven’t seen any Right to Rent certificates or gas safety checks at all.

PS for an inventory to be valid it must be signed by both parties. Honestly you have nothing to worry about on that front.
If the LL Tries to claim for any deductions the deposit scheme will not approve them without evidence (a dual signed inventory).

LL doesn’t have to provide a “right to rent certificate” (?) but you should have gas safety checks, which are valid for 12 months after each passed inspection. Not having one is a serious matter.

read the how to rent guide (not right to rent) you should have been given. if you weren t, get it off gov.uk. that will explain about deposits. Learn how to give notice - writing, not kiddy comms.

bad landlords prey on ill informed tenants. never rent a tatty dump , it wont improve.

as for references - as a landlord I want a non smoker who earns enough and has run a house before. socia media stalking covers the rest. a reference from the last landlord may be glowing for the wrong reasons and isnt really an issue.

It's not really a tenant's job to get a quote, though.

ah, no gas safe, no how to rent - what a surprise.... EPC? Is this an HMO? If so, is it licensed? (most areas need HMO licencing?)

Please get reading to avoid getting shafted again.

www.gov.uk/government/publications/how-to-rent

and no, you don't get quotes. Obviously.

This place is a dump run by a crook. Get out ASAP.

My error, wrong word it is the How to Rent leaflet.

Your LL is a Bad 'Un, use the break clause and save all info... use it against him once you are in a nicer new home.

for everyone's info, right to rent is the scheme where landlords are an annexe of the border control and have to check that all tenants have a right to be in the UK. There's a big fine for the landlord that doesn't do this.

doubt yours is bothered... but you should be bothered about all the law breaking, and especially if there is no gas safe cert. If there are gas appliances get on to the gas safe website and report.

Inventories do not have to be signed, you just have to show they were made at the beginning of the tenancy - and that doesn't necesarily mean given at the moment the keys were handed over. Many of mine don't reach the tenant for a few days, depending onthe turn around time, and many tenants choose not to sign and return them!

If the LL or LA can show they were sent that is enough for the inventory to be agreed. Though obviously having one in hand at check in is Best Practice.

There are no gas appliances in the kitchen (electric stove and oven). In this situation, does the landlord still have to provide a Gas Safety Check certificate?

I’m sure that I was never sent, emailed or given in person an inventory from the landlord. The only thing I was sent from the landlord was a copy of the tenancy contract.

None of my communication with the landlord about broken appliances has been in person. It’s all been done either by phone (such as the call I mentioned earlier where the landlord was aggressive towards me) or by email (all emails about the rental flat are all saved in a folder in my inbox) or by text message, so there’s a paper trail for all of it.

WRT the ‘Right to Rent’ regulations, the landlord has seen a copy of my passport so they know that I’m a British citizen and that I have a right to live and work in Britain.

The flat is an HMO. I don’t know how to check if it’s licenced, but I know it had a council inspection a couple of months ago (after I moved in). As the council inspection happened fairly smoothly, as far as I know, I wonder if that would show that everything is above-board and that the landlord has an HMO licence?

Speak to your local council asap. The housing dept and if they're no use, SHELTER. The council should send an inspector around and they will then contact the landlord and force him to make repairs.

Snicker I must aplogisde, I defintiely used the wrong word, I meant, as special pointed out the HOW to Rent infor, see special's link. Your LL has to send you that too, via link or pdf. Have a look at the link, it has some clear and concise info and your LL MUST in law send it to you.

But no, if no gas then you don't need a Gas Safe cert

You don't have to do anything right now, so take your time and get lots of information, knowledge is power, after all!