Am I an unreasonable tenant or does my LL suck?

[nutmegnit]

I'm a single mum. I fled DV a couple of years ago and was homeless. Family helped for a short time and the LA couldn't help except to put us in a dingy hotel miles away from my kid's nursery and school.

I work part time and get a UC top up and decided to rent privately. At the time the rental market was insane. 30 odd viewings for one shabby house or flat. I was bottom of the pile at the time as a single mum on a low income competing against couples or families where both partners earned a full time income. I applied for loads, no one would accept me.

In the end I broke down during viewing number 15 or so to the estate agent. I explained that I was homeless and no one would consider me even though I have good credit and references etc., due to my lower income (although still enough to afford properties I was looking at). She said she'd speak to the landlord. Took pity on me probably. Embarrassing but never mind.

The landlord said he would accept me but I would have to pay six months' rent upfront. My sister lent me the money as she knew how desperate I was, and I got the house and have been there a couple of years, paid my sister back monthly as if she was my landlord.

Anyway, the agent had told me the landlord was redecorating and there was a delay for me to move in. Fine.

Move in day came around. The house was an absolute state and the landlord (had been occupier too previously) was still moving his things out. As he moved them out (including some very tall items of furniture), it became apparent that there was a significant mould problem. Mould growing halfway up the walls and had been hidden by furniture. I asked the LL what we could do about it, he said: "well, you just clean it." I was devastated at the state of it inside. Finally the landlord moved all of his things and I moved in.

I actually sobbed at how bad it was and how much had been hidden during viewings and how I'd handed thousands over for this house.

There are cracked windows, the LL had the garage filled with his things including chemicals dangerous to my DC and despite what the agent said it had not been decorated, every room was lime Green, bright yellow, pink or dark blue (not even joking). I complained about the mould, stuff in garage, dirty state of it (the bathroom pull cords were black, the grouting black, dirty food left in sinks, took me weeks to be able to walk around in socks without them being filthy), the lack of decorating despite this being promised. I also have one disabled child and the carpet on the stairs is so worn it's dangerous.

I've been speaking to the agent about all of this for TWO YEARS. Not one thing has been resolved. His things are still in the garage (which was advertised as empty and for the tenant not as storage for landlord - contract says the same), the crack is still in the window.

I've redecorated, it's now clean and fresh and neutral and lovely in many ways.

BUT the landlord never responds to the agent. To their calls, emails, letters, nothing, although apparently he replies to other matters on the same addresses. He's done nothing except take my money. Some of the issues are safety hazards and he doesn't care.

But here's where AIBU comes in.

Despite all this, he sends his adult sons to my home regularly to collect his post. They never ever give me warning. Each time they try to gain entry by manipulating me (lying that I have to allow them in for an inspection, saying they left something on top or the fuse box). After the third time I complain to agent. Say as a victim of DV and alone in the house with my kids I'm not happy with strange blokes showing up (often in the evening) to my home demanding entry.

The agent sends a warning to the LL.

Two weeks later his son is back again, this time wanting to come in to see if 'there's anything that needs fixing' despite being in receipt of a list or everything sent monthly by the agent and completely ignored.

I've never let them in.

The agent have now sent a letter to warn them about harassment.

Am I overreacting though? Should I just give them their post? I feel like I'm being petty but honestly it's so uncomfortable.

Is there anything I can do about this situation? Honestly have no idea anymore and worried he'll evict me if I don't keep handing them post etc.

This is horrendous! Please speak to Shelter asap. They can advice you on what steps you can take legally.

https://england.shelter.org.uk/get_help

I'm a landlord and think this is absolutely disgusting behaviour.

Did you have a formal check in process? Do you have an inventory which you signed off?

In your tenancy agreement no doubt it says you have the right to quite enjoyment of the property which your LL is breaching (amongst the many other things!) So you are not unreasonable at all to refuse to handover the post (indeed - how do you know they are the LL's sons? They could be anyone). I'd be sticking it all back return to sender. This has really been going on for two years?? I'm guessing there is more to it and I'd bet good money he's maintaining a residential presence at the address so he's not paying a higher interest rate on a BTL mortgage.

Shelter as suggested by PP is a good place to start.

Have you posted this before op?

It seems familiar

I'm so sorry to hear this. All I can say is that you may well have legal and practical remedies (although to be honest they are limited). But as you rightly point out at the end of your post, the huge trump card which the landlord has in his hand is the threat of s.21 no-fault eviction (which could be used any time if you are already on a periodic (ie "rolling") tenancy, or at latest when your current tenancy ends).

In other words you need to decide how much you're prepared to rock the boat. The awful truth is that in a precarious position with kids that's a really tough question.

One easy practical solution to the post issue would be for you to agree to send his post on to the agent and for it to be collected from there.

YANBU at all, they're in breach of your right to the quiet enjoyment of your property which is in tenant law, anyone acting on behalf of the LL has to give 24h notice before they call and you have every right to refuse this too, the only instances in which they can show up unannounced and gain entry is in an emergency like insane flooding or a gas leak etc. If they show up again, don't answer the door and call the police as they're harrasing you.

It's the LLs responsibility to sort out the mould, would the agents help in organising a contractor to deal with it and then forwarding the bill onto LL?

As far as the decorating promise and the garage space, it's shitty but not really much can be done about that.

Has your deposit been protected and do you have the details of the agency it's held with? This is a legal requirement and LLs can be fined for not doing this in a timely manner. I'd also check to make sure the LL is registered as this is also a legal requirement and going by the fact his post is still being sent to your address, it doesn't sound like he's doing everything on his end entirely above board in that regard. Agree with pps who say to contact shelter and throw his post back in the post box with return to sender on it

@HundredMilesAnHour thank you I'll get in touch with them this week

Thanks@Xanaduyourenotthatfar

I never considered that about the mortgage - is there any way I can find out? Interesting you say that as it's always the 'brown envelopes' (which I can tell are from HMRC by the envelope but obviously don't open) that they are always particularly interested in me bringing them.

I told the agent I'd be happy to send mail on in a different way if they give a forwarding address or to the agent but the landlord just never replies to the agent (unless it's about money)

I consider myself a good tenant, pay rent on time every month, I've probably added value to his home simply by redecorating and removing all the mould and mildew and bringing it back to a neutral space instead of lime Green chipped paint! I've also dug out his garden which was just weeds and reseeded it and it's now lovely luscious lawn and flowers. I've taken out the ripped lino he left in the kitchen and tiled it and regrouted the black 60 year old grout in his bathrooms. It looks like a different property. Despite all this I fear he'll evict me simply for not wanting his sons turning up when my kids are in bed trying to get in

@BusyInTheGarden no I haven't! I have another username but never posted about this issue before

I forgot to add to my post that after the first warning my estate agent gave the LL, the same night they sent the email my car was vandalised (never happened before since living here) in the night. £350 worth of damage that I've been unable to afford to fix.

I contacted 101 to report but obviously no evidence of who it was but just in case it happened again and was malicious.

The only people who know who I live, aside from the landlord, are my friends and family, so it really worried me that it was him or his sons retaliating. I installed a camera after this to watch the car 😮‍💨

@YeahIsaidit thank you, this is what I thought. Maybe next time I will call because I suppose it builds a case of revenge eviction if they try and evict me

@LauraNicolaides this is my worry and it feels so unfair

Have you been given details of the deposit protection scheme your deposit is in?
We're you given an inventory to sign at check-in?

@Whataretheodds yes there was an inventory done and I sent in additional pics of stuff they missed on the day I moved in thankfully

There are details of deposit scheme in the tenancy agreement but when I've tried to check it online it doesn't work, I asked the agent and they said it will be protected though?

OK, def worth following up with the agent on those details.

Follow up with the deposit details, if your landlord tries anything that could be powerful ammo against him if he turns nasty. As will calling the police every time they show up unannounced, get an incident number and keep a record of every instance.

Check the landlord register, he should be on it along with details of his address

When we moved out of London to buy our first house, the landlady tried all the tricks it turns out she had tried with every previous tenant. She claimed she was retaining the deposit due to scuffs and an unpaid electric bill. Problem was a) she had not protected the deposit and was automatically fined three times the amount, which she had to pay us, b) she had tried on the utility issue with every previous tenant for several years. She was previously the occupier, and we had phoned and written to her and the national grid asking which provider owned the meter, with a clear paper trail to prove it. It turns out she had installed an illegal meter which was not registered and which was tapping the neighbour's supply. Everyone else she had rented to folded when she threatened them, because they needed the reference and they were always offered part of the deposit back. Literally a total scam artist.

Landlord register? Where is that?

OP - return all mail not for you to sender. Not your responsibility and will flag that the LL is not living there. The LL sounds like a scumbag tbh. One of those happy to make money out of you, but not to properly protect his asset and provide you with a properly maintained home.

Apologies I am in Northern Ireland and it's a requirement for landlords to be registered and their address details to be available for view, I assumed that was the case everywhere in the UK

Wow what an absolute arsehole the LL is. Im furious on your behalf OP. Please take all the help you can get to get out of this house asap.

You should contact environmental health at the local council. They can take enforcement action including fining him.
You can also remind him that it's his investment in property that he's devaluing by not keeping it in a fit state of repair.

Hi Op, you should have a certificate with a reference number on regarding your deposit. You should also have what is called 'prescribed information relating to tenancy deposits. Look at mydeposits and the deposit protection service. This reference number should only be known to you, and when you log in to either service, using your reference, you should see your payment. If it's not there, don't mention it to the LL or the EA. You can use this information against the LL if necessary

You should also have an EPC certificate, also a gas and electric safety one to show they have been checked within the last 2 years, and a fire alarm.

Take photo's of the house as it is now. The cooker, the hob, the work surface, the bath, the shower, the toilet, the toilet seat, the doors, the radiators, the windows, the garden, everything and anything that is a fixture or belongs to the house, just keep them in a file for any future use.

And if you really want to go for it, google 'lettings disclosure' using the gov.uk website. He might not be paying income tax on his rent received from you.!!!!!

I am a landlord and think this is disgusting. There is no way I would let anyone live like this. I have an agency managing my flats and if I am totally honest they are harder with tenants than I would be as an individual (eg I want to do a lot more for the tenant and they block me) but pretty sure there are laws against what you have described.

I think you can raise this with the council too, they are supposed to independently verify and check compliance with the law.

Landlord is an arsehole. Follow up on the deposit, there are only 3 in the UK. They can whistle for the mail, maybe take it to the agency every few weeks if convenient for you.

100% do this OP - all of it!

What's the letting agent called - are they part of the Housing Ombudsman?

I don't think that's the law with electrics - it's every five years or a change of tenancy.
EPC should be found online. Gas is within 7 days of a new tenancy start date and every year after that,