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AIBU?

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Original poster

Horrible ex landlord. Help!

47 replies

NoMoreMarbles0 · 13/08/2020 11:36

I’d like some advise please if anyone could help. Bare with me. I signed a 6 month contract 11 years ago and nothing since. I moved into a house with no bond. The people aren’t landlords per se and just have this one house, although the house is in their sons name. After 11 years of being terrible landlords I left and now I’m being harassed with it ‘turning ugly’.

I left because :
There was not one single gas safety check done in the whole tenancy.
For some reason they removed the snake alarms.
The radiator in my sons room started leaking and they ignored my many requests to fix it.
They offered a new kitchen...which they left half done and still wasn’t completed when I moved out.
They insisted on cash being dropped off at their relations house as the rent.

I wrote a letter explaining why I was going. Left. Now they’re saying I owe rent and need to contact them before things get ugly. I just want to know where I stand before I dell as I have no intention of paying them anymore money. They put me and my son at risk and I don’t owe them anything. I actually feel harrassed. Funnily enough I could never manage to speak to them as a tenant but now they can’t seem to get off the phone.

Any advice would be grateful.

OP posts:
Feralkidsatthecampsite · 13/08/2020 11:37

Suggest you have contacted hmrc to discuss all the rent you paid to non registered landlord....
They will be dust...

SisyphusAndTheRockOfUntidiness · 13/08/2020 11:40

You will get better responses if you just have one thread.

Sargass0 · 13/08/2020 11:50

As you are on periodic contract then as long as you have ended the tenancy correctly- 1 month notice in writing ending on the first or last day of the tenancy period then you will not be liable for any further rent.
If you haven't then they can chase you for rent until the tenancy is ended. They would have to make a claim in court. Is it likely the LL will do this?

You may have a counter claim for compensation regarding the repairs not carried out.

Original poster
NoMoreMarbles0 · 13/08/2020 11:55

I am positive it’s all very dodgy. And I’m more concerned that they are texting me telling me pay rent (that I don’t owe) before ‘things get ugly’ . Her words. I haven’t even responded.

OP posts:
RoisinD · 13/08/2020 11:59

Keep the texts, screenshot them. If you feel you or your family are in danger go to the police. Did you take photographs of the house before you left?

Choppedupapple · 13/08/2020 12:01

Did you give notice and do an end of tenancy clean?

BluebellForest836 · 13/08/2020 12:01

Do they know where you moved?

Rainbowshine · 13/08/2020 12:02

Reply stating that you were clear in your letter dated xxxx that you were giving notice to end the tenancy. You left the property on xxx date. Therefore you owe no rent. Can they clarify what they mean by “before things turn ugly” - as far as you’re concerned the need to have any further contact has ended as you are no longer the tenant in the property.

I’d be taking a screen shot of the messages and contacting Shelter to get advice too.

FortniteBoysMum · 13/08/2020 12:18

No contract for past 10 years no safety checks no money trail as you dropped off cash so I don't think they have a leg to stand on.

LakieLady · 13/08/2020 12:19

Cheeky swindling fuckers!

I'm assuming you don't have receipts for this money, as you're asking advice, so I'd send them a letter, by recorded delivery, with a schedule showing how much you paid and when and how much was due, and when, with a "total due" showing zero. If you don't have actual dates, just put the nearest date that you can guesstimate from your bank statements.

Add that these were the amounts delivered to (relative's name and address) and that from the point of delivery you had no further control of what happened to the money.

If you ever expressed any reservations about the arrangement, or about paying cash, point this out. Tell them that they insisted on this risky arrangement rather than a secure standing order into their account and therefore any loss is their own responsibility and that you owe them nothing.

Stand firm! They don't have a leg to stand on imo. It's your word against theirs and you're the one who will be able to show that on X day every month you drew a sum of a month's rent or thereabouts out of the bank to hand to them.

I wonder if the Limitations Act applies to rent arrears? For a lot of debt, you can't take legal action after 6 years has elapsed.

Could that text might meet the legal definition of a threat? It might be worth getting advice from the police. Grin Or maybe just tell them that any further threats will be a police matter.

Trashtara · 13/08/2020 12:34

The no contract is a red herring - you did have a contract, a 6 months one and it then became a statutory periodic rolling contract. This is the default by law.

As Sargass08 as long as you ended the tenancy correctly - 1 month in writing ending on the first or last day of the tenancy period then you are not liable for more rent.

If you did not end the tenancy correctly then you are liable for rent.

They could take you to court. The judge could look on you favourably with regards to the lost rent being fair payment for the lack of gas safety check etc OR the judge could order you to pay the rent AND then deal with their breach of landlord regulations.

Two wrongs do not make a right and the law with regards to rent is quite clear - you pay it, no matter what.

Trashtara · 13/08/2020 12:34

But yes, I would report to HMRC!

Trashtara · 13/08/2020 12:35

And don't respond to the texts. Even if you do owe rent, the onus is on them to claim it.

namechanger0989 · 13/08/2020 12:38

I would keep calm, tell them that you will be waiting to see the results from the landlords governing body (not sure who this is but there will be one) about the missing gas safety certs etc. And maybe ask if they are registered with Hmrc. Hopefully this will be enough to scare them off.
Also, tell them that they do not need to be contacting you anymore as they are no longer your land lords and any further threats will be passed to the police to investigate.

dontdisturbmenow · 13/08/2020 12:39

You say you don't owe them rent. You could be wrong. As advised earlier, you legally have to give 1 month notice corresponding to hen the tenancy start.

If you haven't, they would have a claim. Whether you would is more complicated.

Skyliner001 · 13/08/2020 12:41

I am a landlord, and I would never ask for a tenant to pay me in cash. As it happens we go through an agent. You should definitely report them to HMRC, also regarding the smoke alarms and the gas safety certificate those things are breaches of the Housing act I would've thought. Certainly the gas safety certificate is a legal requirement. I wonder if you could also report them to your local council? Definitely don't pay them any more money, so you have had such a bad time.

Skyliner001 · 13/08/2020 12:41

*sorry you've had

dontdisturbmenow · 13/08/2020 12:42

Saying that, they could be in big trouble if you report them, so although that wouldn't mean money coming to you, they might think twice pestering you for money.

ZigZagPlant · 13/08/2020 12:44

I would ignore them and report any harassment for what it is to the police.

Someone said above re you have a periodic tenancy, this is correct and you only needed to give one months notice.

LittleGwyneth · 13/08/2020 13:03

Find out whether your deposit was put in a deposit protection scheme. If not, he could be on the hook for a serious fine. Mention it, and I imagine he'll leave you alone.

HijabiVenus · 13/08/2020 13:04

I know you paid the rent as cash and did not get a receipt, but is there a papertrail - ie rent is £500, you tok out £500 from bank on 21st and paid rent on 22nd?

Keep as much documnetation as you can, in case it goes to court.
I very much doubt it.
Can you sned copies of the texts to someone else in case something happens to your phone?

Did you get your name off the utilities when you left?
Good luck - no surrender!

Heffalooomia · 13/08/2020 13:05

Do not respond or acknowledge them in any way shape or form, keep everything and report them

Heffalooomia · 13/08/2020 13:06

What they are doing constitutes threatening and harassment

DishingOutDone · 13/08/2020 13:11

Contact Shelter and/or your local CAB they can give you tailored support for your case.

Motoko · 13/08/2020 13:20

Contact Shelter, the housing charity. They will tell you your legal rights and obligations as a tenant.

As pps have said, you may actually still owe some rent, so if you do, you'll need to pay that. If they take you to court, and win, you'll have to also pay the court costs, so you need to speak to Shelter to find out if you do owe them.

Regarding the other things, you should have contacted the HSE about the lack of gas safety checks, as those were required by law, so contact them (HSE) now. There is a process to go through to get repairs done, and if the landlords refuse, you contact the council. They may also need to be registered as landlord with the council, so it's worth contacting them to find out if they were. Again with the smoke alarms (and also the CO2 alarms) are a legal requirement.

As I said, do contact Shelter, who will help you to do things legally, and hopefully the landlords will be in big, expensive, trouble.

Good luck!