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To not allow estate agent access

226 replies

LoverNotAFighter · 15/08/2023 20:24

Hello, I posted yesterday for advice following an eviction and court summons.
I cant afford the rent of £950 anymore I'm a single parent on UC, I've built up rent arrears over 4 months because the amount ive been paying is the UC housing element which is £510, I tried to speak with the landlord that my children's dad doesnt contribute financially anymore and I couldn't afford the amount, anyway I've got to attend court 21st September.

This afternoon I've received an email from your move saying my landlord has asked them to come over to the house and value it for sales and rental values. What date and time is convenient for him to come over.

I dont feel comfortable with this as I'm a single parent and dont want my landlord turning up aswell.
Would I be unreasonable to say I dont feel comfortable with this and ask them to wait until I've vacated the property?
I'm trying my best to find alternative living arrangements but it's really not that easy.

OP posts:
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Iwantcakeeveryday · 16/08/2023 09:59

Deathbyfluffy · 16/08/2023 09:55

What do you expect if they're not paying rent? Of course they should leave, and it's rather daft they're making everyone's life difficult in the process.

OP, the landlord can chase you for rent when you've left via the courts - even once evicted. Stopping them getting a sale in decent time by not allowing viewings / valuations will just give them more drive to claim back lost money, so you're only shooting yourself in the foot by being stubborn.

The LL can chase for rent, and the tenant can also do the same for compensation for the state of the property which violates existing laws in the Landlord and tenant Act.
The tenant isn't being stubborn, there is a cost of living crisis and rents are insane atm. People not being able to afford to live, is not them being stubborn! Contrary to popular belief, the tenants right to quiet enjoyment overrides any clause the LL puts in with regards to access for viewings, which is not protected in law.

JaukiVexnoydi · 16/08/2023 10:03

It's embarrassing having to be evicted but it's not your fault - the council can't rehouse you without the eviction procedure against you.

You are still protected by your tenancy agreement until such time as it is formally disolved by the court. Under your tenancy agreement you have the right to quiet enjoyment of your home. It's true you also have the obligation to pay rent but its not your fault that the rent has been increased beyond the amount you have available. It's not like you can choose to stop eating in order to meet the rent demand.

Yanbu to refuse access but you need the council to rehouse you urgently. Some councils will start taking action once you just have the procedings against you started, others won't act until there are actually bailiffs at your door - do you know what your council's policy is?

Blossomtoes · 16/08/2023 10:03

Deathbyfluffy · 16/08/2023 09:55

What do you expect if they're not paying rent? Of course they should leave, and it's rather daft they're making everyone's life difficult in the process.

OP, the landlord can chase you for rent when you've left via the courts - even once evicted. Stopping them getting a sale in decent time by not allowing viewings / valuations will just give them more drive to claim back lost money, so you're only shooting yourself in the foot by being stubborn.

And the tenant will be compensated x3 if the landlord hasn’t protected their deposit in a legal scheme. Given that the flat’s in an appalling state and he collects the rent in cash with no rent book or receipts, I wonder how likely it is that the deposit is protected? 🤔 To benefit from the law you have to comply with it.

Iwantcakeeveryday · 16/08/2023 10:09

Blossomtoes · 16/08/2023 10:03

And the tenant will be compensated x3 if the landlord hasn’t protected their deposit in a legal scheme. Given that the flat’s in an appalling state and he collects the rent in cash with no rent book or receipts, I wonder how likely it is that the deposit is protected? 🤔 To benefit from the law you have to comply with it.

oh thanks I must have missed that bit!

@LoverNotAFighter if your deposit wasn;t protected, its an automatic fine of x3 of the deposit sum and its payable to you. I know this, I did this to my LL- we had no heating or hot water for months btw so they deserved it.

You need to fill out a form to enforce it, get help from citizens advice who will direct you to a Shelter form so you can send a pre action letter warning the LL of this. He can chose to pay the fine to you and avoid court costs, or if he tries to resist this, you will have to proceed to the small claims court which includes a fee BUT you are guaranteed the deposit fine. Definitely don't let this part go.

PLEASE READ: He cannot issue a section 21 notice if your deposit is not protected!!

https://tenantangels.co.uk/tenancy-deposit-not-protected-claims/?gclid=EAIaIQobChMIvfmtherggAMVQ5ODBx3AXgIREAAYASAAEgKRr_D_BwE

https://england.shelter.org.uk/housing_advice/tenancy_deposits/what_to_do_about_an_unprotected_tenancy_deposit#:~:text=You%20can%20claim%20compensation%20from,about%20the%20deposit%20protection%20scheme.

Shelter icon

What if your landlord does not protect your deposit - Shelter England

Landlords of assured shorthold tenants must protect deposits within 30 days of getting them. Use our letter templates to negotiate if they break the rules.

https://england.shelter.org.uk/housing_advice/tenancy_deposits/what_to_do_about_an_unprotected_tenancy_deposit#:~:text=You%20can%20claim%20compensation%20from,about%20the%20deposit%20protection%20scheme.

Iwantcakeeveryday · 16/08/2023 10:12

LoverNotAFighter · 15/08/2023 21:19

@Shadesofscarlett yes I paid £1050 and yes it was placed in a government protected scheme

Oh hang on, if is definitely protected within 30 days then the eviction notice is valid. However you can still seek compensation for repairs. If you have asked for repairs and he's not done them. Certain disrepair makes in uninhabitable technically so Citizens advice will help you with that.

Spirallingdownwards · 16/08/2023 10:13

LoverNotAFighter · 15/08/2023 21:54

So glad I've found it now though and I can forward it to homeless team, can I find a gas safety certificate does anybody know?

If there was no gas certificate I don't think he can evict you. And also you can ask for an award of 3 x the deposit if you counterclaim in the court proceedings which would clear your rent arrears!

fullbloom87 · 16/08/2023 10:18

CrazyHedgehogLover · 16/08/2023 09:41

@fullbloom87 I agree that if she finds alternative accommodation the council won't house her, they will offer to help pay for upfront rent/deposit however, if she phones the council she will not instantly be put into band 1, to be in band 1 there needs to be proof of significant health conditions or domestic related situations (domestic abuse and needing to be protected) there's a good chance OP will be in band 2/3 and once she gets into temporary accommodation she will then be put into a higher band.

I have health problems and I was in band 2, managed to get our council property due to it being a new build and it was through a housing association so the council helped us get this one, reality is alot of people have to stay in temporary accommodation before being housed properly.

So it doesn't instantly mean she'll be put into band 1.

If she's facing homelessness and is financially unable to resolve the issue and has dependants she will be put into band 1.
They don't wait for children to be on the street before they help.

Iwishicouldflyhigh · 16/08/2023 10:31

Blossomtoes · 16/08/2023 10:03

And the tenant will be compensated x3 if the landlord hasn’t protected their deposit in a legal scheme. Given that the flat’s in an appalling state and he collects the rent in cash with no rent book or receipts, I wonder how likely it is that the deposit is protected? 🤔 To benefit from the law you have to comply with it.

The OP has confirmed that it is protected.

Nomoremoves · 16/08/2023 10:36

fullbloom87 · 16/08/2023 00:59

@Nomoremoves so what circumstances do you need to be in band 1 or 2 then?? That makes no sense whatsoever

I know its madness. Op would have to look at her council policy . If she's in London or southeast it's a long wait compared to up north. I'm in London this is my council policy

I have marked in red band 3 for homless

To not allow estate agent access
To not allow estate agent access
Nomoremoves · 16/08/2023 10:42

caringcarer · 16/08/2023 02:35

The minimum legal EPC is an E. OP said hers is an E and it lasts until 2026. Also OP said she has only paid half rent for 4 months so likely 2 full months in arrears. She will lose her bond to pay towards rent arrears. She will most likely be issued a S8.

I doubt very much he's protected he's protected the bond

Iwishicouldflyhigh · 16/08/2023 10:51

Nomoremoves · 16/08/2023 10:42

I doubt very much he's protected he's protected the bond

OP has confirmed its protected

Nomoremoves · 16/08/2023 10:57

Iwishicouldflyhigh · 16/08/2023 10:51

OP has confirmed its protected

Yes I just saw . I'm shocked to be honest .

Nomoremoves · 16/08/2023 11:02

fullbloom87 · 16/08/2023 10:18

If she's facing homelessness and is financially unable to resolve the issue and has dependants she will be put into band 1.
They don't wait for children to be on the street before they help.

I have Been through 2 evictions With 5/6 kids . Both times I was put in band 3. They still put you I'm temporary accommodation so your not actually on the streets. It's just your in temporary accommodation for many years and spend years bidding. Homeless does not automatically =band 1

Iwishicouldflyhigh · 16/08/2023 11:02

Nomoremoves · 16/08/2023 10:57

Yes I just saw . I'm shocked to be honest .

Why? OP ‘thinks’ there is no gas test. Like she ‘thought’ there was no Epc.

Nomoremoves · 16/08/2023 11:05

Iwishicouldflyhigh · 16/08/2023 11:02

Why? OP ‘thinks’ there is no gas test. Like she ‘thought’ there was no Epc.

Just because of how landlord is sending random to get rent cash in hand no receipts. The lack of repairs etc . Its an easy assumption to make considering the situation.

CrazyHedgehogLover · 16/08/2023 11:15

@fullbloom87 i was facing homelessness with my children less then a year ago, I can tell you now, they won’t immediately put her into band 1, they will say they have a priority to try and house her, but she could face being in temporary accommodation for at least up to four months..

as I said, we was lucky enough to find a housing association house and the housing officer pushed for us to get this.

Band 1 is for people with serious medical conditions and for people fleeing domestic violence.

ive been through it, I was stated for us to get help (before we was given this property) that we would have to await balifs to show up and then the council would find us temporary accommodation.. just because she had children will not automatically assume she will be band 1, I had a medical condition and children and I was still band 2..

Blossomtoes · 16/08/2023 11:28

Nomoremoves · 16/08/2023 10:57

Yes I just saw . I'm shocked to be honest .

Me too. At least he’s got something right - what a coincidence that it’s the thing that would cost him money.

Nomoremoves · 16/08/2023 11:28

CrazyHedgehogLover · 16/08/2023 11:15

@fullbloom87 i was facing homelessness with my children less then a year ago, I can tell you now, they won’t immediately put her into band 1, they will say they have a priority to try and house her, but she could face being in temporary accommodation for at least up to four months..

as I said, we was lucky enough to find a housing association house and the housing officer pushed for us to get this.

Band 1 is for people with serious medical conditions and for people fleeing domestic violence.

ive been through it, I was stated for us to get help (before we was given this property) that we would have to await balifs to show up and then the council would find us temporary accommodation.. just because she had children will not automatically assume she will be band 1, I had a medical condition and children and I was still band 2..

I agree. It's not that simple. At all I was homeless band 3. In London. I was in temporary under band 3, for years . I then got moved to band 1 as my situation changed. Under life in danger. Had that not happend I would have still been band 3 and still waiting.

My dd was band 3 whilst staying in refuges/temporary for around a year she then got put in band 1 under life in danger. And was then housed within a month.

caringcarer · 16/08/2023 11:38

Nomoremoves · 16/08/2023 10:57

Yes I just saw . I'm shocked to be honest .

Why are you shocked? I don't think the OP knows much. She should have been asking for these things before she moved in. So her deposit is protected and there is a valid EPC certificate.

Blossomtoes · 16/08/2023 11:41

caringcarer · 16/08/2023 11:38

Why are you shocked? I don't think the OP knows much. She should have been asking for these things before she moved in. So her deposit is protected and there is a valid EPC certificate.

And the randoms collecting the rent in cash with no rent book or receipt?

Iwishicouldflyhigh · 16/08/2023 12:05

Blossomtoes · 16/08/2023 11:41

And the randoms collecting the rent in cash with no rent book or receipt?

There is nothing illegal with collecting cash for rent (as long as he is paying the necessary tax) and she should have insisted on a receipt as she went along.

Nomoremoves · 16/08/2023 12:12

Iwishicouldflyhigh · 16/08/2023 12:05

There is nothing illegal with collecting cash for rent (as long as he is paying the necessary tax) and she should have insisted on a receipt as she went along.

He should automatically give her one. He's meant to be a landlord. She should not have to chase him for such a simple thing

Iwishicouldflyhigh · 16/08/2023 12:19

Nomoremoves · 16/08/2023 12:12

He should automatically give her one. He's meant to be a landlord. She should not have to chase him for such a simple thing

Again, not a legal requirement and surely if she complaining that she hasn’t been given a receipt, she should insist on one? I would anyway.

Iwishicouldflyhigh · 16/08/2023 12:24

This reply has been deleted

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Glassfullofdreams · 16/08/2023 12:32

Why do you want to stop your LL having viewings?

You've messed the LL around enough. Let them in so he doesn't lose even more money because of you.

Some LL aren't loaded! He may need the rent to pay a mortgage and your actions could be pushing him into debt. Give him a break!