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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:
FawnDrench · 13/08/2020 13:29

Why won't you let us know if you gave them any notice?
Seems like you are avoiding this question.

ThePants999 · 13/08/2020 13:32

I could never live in a property without snake alarms.

ZigZagPlant · 13/08/2020 13:34

Why won't you let us know if you gave them any notice?
Seems like you are avoiding this question.

It’s largely irrelevant anyway. If OP did, she presumably paid her rent until the expiration of the notice.

If OP didn’t, at most OP owes a month from her usual payment date of rent. So that is the extent of her liability. 1-2 months rent.

Either way, the harassment OP is receiving is not acceptable. The landlord who can look to recover the owed rent from a small claims court if they want to pursue it.

Owing someone money should not and IMO does more justify harassment and threats.

BlackboardMonitorVimes · 13/08/2020 13:36

@ThePants999

I could never live in a property without snake alarms.
Grinfab autocorrect there!
NotEverythingIsBlackandWhite · 13/08/2020 13:46

I could never live in a property without snake alarms.
Do they hiss instead of bleeping?

orangenasturtium · 13/08/2020 13:53

@Trashtara

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.

Correct but you can't keep charging someone rent infinitely because of a technicality. After more than 1 month, the landlord won't have suffered any losses because of the OP giving notice incorrectly (if she didn't), assuming the landlord has accepted the keys back and knows OP has left. If the property has been relet, the landlord would have no claim at all from the date it was relet. Given there is no record of the rent, the landlord is going to find it very hard to make a case anyway.

@NoMoreMarbles0 on what grounds are they saying you owe rent?
Did you give notice correctly?
If you didn't, did the landlord write to you that at the time to say you hadn't given notice correctly, that they don't accept your notice and advise you how to give notice correctly? They can't accept the keys back, let you move out and then tell you that you didn't give notice correctly so have to pay rent.
Does your contract state that when the fixed term expires your tenancy will become a periodic tenancy if you don't agree a new fixed term and explain how to give notice on a periodic tenancy? It doesn't mean that it isn't a periodic tenancy but it would count against the landlord if they have never told you how to give notice correctly (as above).
Have they made any formal demands for rent in writing since you left the property?

As for the gas safety record, you must report them to the HSE. It is a criminal offence to let a property without a gas safety record with fines of up to £6k or 6 months imprisonment.

www.hse.gov.uk/gas/domestic/faqtenant.htm

You should also report them to the council for removing the smoke alarms, as well as the gas safety certificate. It won't be easy as many councils no longer have a private tenancy relations officer. If they don't, contact the environmental health department. The council can prosecute bad landlords and the courts can issue banning orders so they cannot let property.

england.shelter.org.uk/housing_advice/repairs/fire_safety_advice_for_tenants

I would ask the landlord exactly what they mean by "things getting ugly". It sounds like a veiled threat to me. If they do make threats, you should report them to the police and the council (as above). If they are convicted of harassment (the council can prosecute, even if the police don't), you may be able to get a rent repayment order for up to 12 months rent.

Regardless of what happens with their claim for rent, I would urge you to go ahead with reporting them about the other issues because they are so serious. Eleven years with no gas safety checks is shocking Angry

DuDuDuLangaLangaBingBong · 13/08/2020 13:55

I had an awful landlord of this type years ago.

The minute I got an authority figure to stand up to him he backed off (mine was a very understanding bloke from the council who did inspections on private lets - sent the landlord a 15 page document of everything that breached the council’s rules, including such gems as bannisters being spaced a couple of mms too far apart 😂)

As soon as I had someone on my side they just backed away, I guess they were happy to try and bully a single mum but knew they didn’t really have a leg to stand on.

You could try a similar department at your local council, someone from Shelter, a letter from a solicitor, whatever, as long as the landlord will perceive them as in authority.
I wasn’t liable for any payments but didn’t get my deposit back (it was pre the rules about deposit being held by 3rd parties).

HijabiVenus · 13/08/2020 14:11

If they say you owe rent how are they going to prove it? IF, big if they get legal advice they are going to need to have evidence of payment or non payment of rent.

Hopefully you have a copy in some shape of form of the letter you gave notice with. Im sure if you check your computer lettes files there will be one there.

Shelter are good, if in the West of Scotland, Govan Law centre do a lot of pro-bono work there may be somewhere equivelent where you live.

As others have said:-
no smoke alarms - illegal
no gas safety check illegal
rent in cash to a third party - hmmmmmmmmm.
threatening texts - well it does not help them does it.

ZigZagPlant · 13/08/2020 14:20

If they say you owe rent how are they going to prove it? IF, big if they get legal advice they are going to need to have evidence of payment or non payment of rent.

Do you really think it’s likely that the fact OP has lived in the property in return for rent will be disputed?

dalecooper · 13/08/2020 14:36

I had a bully of a landlord in my last property. Sorry you are having to deal with this.
I would do as others have suggested and email/write to say you have done as expected, owe no money and mention that you will be passing this on the whoever the landlord governing body is. Also say anymore threats will be passed to the police for them to deal with.

You do not have to deal with this. They were shoddy landlords and they gave you a shoddy badly maintained property. Now that is over and they need to back off.

HectorPlasm · 13/08/2020 14:53

I'd like to know more about the snake alarms

dalecooper · 13/08/2020 14:55

I would ask to have the snake alarms removed if I was in a property that had them...

orangenasturtium · 13/08/2020 15:12

@ZigZagPlant

If they say you owe rent how are they going to prove it? IF, big if they get legal advice they are going to need to have evidence of payment or non payment of rent.

Do you really think it’s likely that the fact OP has lived in the property in return for rent will be disputed?

OP hasn't clarified whether they are claiming she owes them rent from when she occupied the property or in lieu of notice.

If it is from when she lived there and the landlord has no records of the payments, it was all cash in hand, and they didn't chase the rent at the time, it is going to be hard for them to prove there is outstanding rent.

If it is in lieu of notice because the OP gave notice incorrectly, they might be able to claim one month's rent. If they didn't respond to the OP's letter giving notice and let her move out without telling her she needed to give notice in the correct manner, they are on shaky ground.

Trashtara · 13/08/2020 15:27

orangenasturtium

I wasn't suggesting that she owes them rent indefinitely, apologies if it came across that way.

Motoko · 13/08/2020 19:26

@NoMoreMarbles0 you still there?

NoMoreMarbles0 · 13/08/2020 19:28

Thanks all. I did indeed give notice. I left the house better than when I got it, complete with new carpets and blinds. I have reported them to the appropriate people and simply replied saying any further threatening behaviour will be reported to the police. Hopefully this will be the end of it but I know for sure they they won’t be bullying me into giving money I don’t owe.

OP posts:
NoMoreMarbles0 · 13/08/2020 19:29

Wasn’t avoiding anything...I was at work!

OP posts:
crosstalk · 13/08/2020 19:33

Dear Lord these people need to be exposed. If the OP is correct it's been 11 years cash in hand and no observation of any safety measures and now a threat on her ?mobile? that it could get ugly.

Well, yes, it could. But not for her.

Screenshot or save anything OP and contact the council, HSE and Shelter. Or in extremis your local newspaper.

doityourselfnow · 13/08/2020 19:41

Tell them to claim through the small claims court!

MonkeysAllGoWoo · 13/08/2020 19:41

We had similar. If no gas check they can get fined a shit load. We used that as leverage.

Really, it sounds as if they can't legally claim this as will be dodgy as sin!

Are you traceable to them?

LakieLady · 13/08/2020 19:43

I'd add HMRC to that list!

There's no way they're paying tax on the full amount they make from that property.

orangenasturtium · 13/08/2020 20:40

Why are they saying you owe rent then? Confused @NoMoreMarbles0

Or have they not given a reason?

I'm glad you've reported them. I hope HSE fine them to the max.

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