To ask what you'd do re landlord?

[HarleyQuinn21]

Hi all,

I am posting here for traffic as I need as much advice as possible but if it needs moving to legal or something I'll ask the Mumsnet to move it but here's the situation:

My mum and dad have lived in the same property for 20 years, never missed a rent payment (apart from one time it was two days late and the landlords ex husband was peering through their window to see if they still lived there ) the house is in bad shape, damp, mold and all sorts, the landlord has never fixed these problems and actually they haven't had their gas servicing every year (they live in Spain so hasn't ever looked at the house since she left), my mum and dad just couldn't be bothered to move which is entirely their fault so not blaming the landlord for this as it was their choice to put up with a crap landlord. Well my dad died in march, he started being unwell in January and was hospitalised in February, I thought he paid January's rent so I paid February's and March and then notified the landlord that my dad had passed away and my mum would like to remain in the house (memories and all that), a week later after my dad's death she told me that she wants to sell the house and is going to give my mum notice to move out, fair enough it's her house but now she's told me in April that January's rent wasn't paid and we now owe her £900, my mum has learning difficulties and can't work, she's literally just been awarded UC and weve applied for PIP etc and on top of that she needs to save for a deposit on a new house and the landlord wants hers back and I haven't got a clue how we're going to pay it, my mum is viewing a house on Monday as landlord wants her out as soon as possible but I have no idea what to do, I can't pay it as I'm on maternity leave and have my own bills to pay - any suggestions please?

Well If it's not been paid I would think it would need to be paid really- you can ask for it to be paid over a few months so then it's not one big hit x hope it gets sorted for you x

Did she get an electrical safety inspection which is now compulsory. It had to be done by March 31 for pre existing tenancies. Landlords can be fined up to £30,000. Also, the annual service for the gas. I would remind the ll the fines will be a lot more than outstanding rent.

Get advice from housing charity. Offer to pay a bit each month?

It's not your debt to pay.
If your mum doesn't have it then she doesn't have it. She can't magic it up.
She should/you should on her behalf and without agreeing to pay yourself, offer a payment plan and set up a standing order.

Oh, and you have a HUGE bargaining chip.
The LL has broken the law!

What money did your father use to pay rent? Was he still working? Was it his salary?

@Chicchicchicchiclana

What money did your father use to pay rent? Was he still working? Was it his salary?

State pension, he had no money.

Fines and in some cases prison for some ll failing to comply with gas safety certs.

www.propertyinvestmentproject.co.uk/blog/the-penalties-for-breaking-landlord-laws/

He was paying £900 a month rent off a state pension? 😯

Are evictions allowed again now?

I appreciate if it's not been paid then it needs paying but I'm just annoyed it's took her four months to mention it and after she's kicking my mum out after twenty years, I think the best thing is to hopefully move my mum out asap and offer £3.75 a week or something ( I think that's the minimum on rent arrears), gonna get the full story about gas safety checks and electrical check aswell

I am sorry for your loss and the situation.

Quite high on the 'worst landlord ever ' stakes. There are so many things wrong here it is hard to know where to start. If the property is in England then:

• notice of legal action which may result in eviction is six months
• actual time to eviction about two years even after the ban is lifted
• eviction notice not valid if landlord legal responsibilities not complete : gas Safe, smoke alarms , electrical check etc etc etc

So your mum does not have to leave whatever the landlord might say. Unpaid rent makes a bit of a difference but still has to go to court.

All the info is online from how to rent at gov.uk. you could ask shelter to do something useful .

Sounds a real shit hole so your mum does need to move - may also be worth contacting the council given her vulnerabilities. Does of course depend on other accommodation being available if course.

@RJnomore1

He was paying £900 a month rent off a state pension? 😯

Are evictions allowed again now?

No it's 420 a month, she wants January's 420, Feb and marchs 20 and aprils 420 so roughly £900 - my mum's just confirm the last gas safety check was before 2017 as new boiler was fitted, hasn't had one since and has never had an electronical check.

The landlord must give six months notice to end the tenancy now. www.gov.uk/private-renting-tenancy-agreements/your-landlord-wants-to-end-your-tenancy
The details in this screenshot may also be helpful. The landlord has acted unlawfully by not maintaining gas safety, dealing with damp and other issues etc. and then trying to get your mum out quickly.
Citizens advice may be a good start for legal advice and go from there. Good luck!

Check the law on this - your mother does not have to leave on the landlords say-so (that's not how evictions work) and as others have said, she actually has a lot of leverage here as the landlord has broken several laws.

Usually I have plenty of sympathy for landlords having been one but I'm struggling in this case.

The landlord won't be able to evict your mother for months if not over a year currently.

It also seems likely that they haven't carried out any of their legal obligations, which is treated more seriously than the tenant not paying rent.

I would contact the local housing department they usually have someone who deals with private landlords.

Contacting shelter would also be worthwhile.

Your mother won't have to move for a long time so can get properly sorted and move when she is ready.

Would sheltered accommodation be worth considering?

Agree with previous posters. Your mum doesn’t have to move out. However the mad lord does have to do some things to ensure the property is safe.

Re the rent, was it usually paid by direct debit? Have you checked your dads bank account to make sure it really wasn’t paid?

Also I wonder if she is a registered landlord, your deposit is in an approved scheme and what other stuff she hasn’t done. Like paying tax in her income etc.

I think you have good bargaining chips to sort this out. The main one being nobody can be made to leave during covid without sufficient notice.

Mad lord. Ha ha, landlord

Landlord registration is not universal and tax is not relevant. Plenty of other things wrong!!

As the LL lives abroad your Dad must have been paying rent by bank, not in cash.

Presumably you have access to your parents finances and bank records and can see from the statements if any rent payments were missed.

That's the first step.

Did they pay a deposit? If so can that not be used?

@Elieza

Mad lord. Ha ha, landlord

I think you had it right the first time

Don't pay /agree to pay anything...

Speak to shelter urgently...

Evictions aren't working as usual under pandemic regulations..

In the face of it, landlord has broken several laws...

This gives you masses of leverage...

Sorry about your dad...

Your landlord is vile.

@2bazookas

As the LL lives abroad your Dad must have been paying rent by bank, not in cash.

Presumably you have access to your parents finances and bank records and can see from the statements if any rent payments were missed.

That's the first step.

I have checked, it wasn't paid but he was so poorly - I just don't know why she didn't tell us sooner.

Ah ok so your mother is still going to have to pay rent, so the £420 for April should be getting paid now, which brings the amount owed down drastically. Or can she not afford any rent now?

Also... Look at your dad's bank accounts... The bank should be able to confirm whether its been paid or not...