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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Landlord making me feel unsafe, flat issues!

49 replies

rosieposie1203 · 11/11/2023 10:45

So me and my partner live above a pub in a flat. Our front door is inside the pub with access outside via a fire door. we have been having so many issues and our landlords are making us feel really unsafe:

  • One landlord has entered the property multiple times without prior notice. We sent a letter to the outlining the issues we have, including this, and this was ignored as he walked into the flat via our fire-door in our hallway and told my partner “Oh I didn’t think anyone was in.” We sent them an email reminding them that they cannot enter the property without 24h notice, and told them we have been to the council and the police as suggested by Citizens Advice. We then received an email back accusing us of being threatening and aggressive (we weren’t)
  • Our deposit isn’t in a scheme. We told them in the letter we send a few months ago that it’s a legal requirement to hold our deposit in a scheme, to which they responded with “it’s just a hassle putting it in the scheme”
  • Our council tax letter states the pubs name, not our flat. We went to the council who said they would sort this, but we still receive council tax letters with the pubs address. We had the issue when renewing our electric that our address didn’t exist - it is just the pub. Are they illegally renting it out?
  • We have had some extreme water damage on our living room wall from the guttering outside, which created mould. They have plastered over this (after months of asking them, and they sorted it without 24h notice…) and there is still mould on other walls. My partner has a respiratory disease and the mould is so damaging.
  • There is a locked door into our flat from the upstairs of the pub. They have now told us that a key must be left upstairs in the pub into our hallway incase of a fire. There is already a fire door upstairs in the pub. We told them we do not feel like that is safe as we have people trying that door anyway, and if random people are upstairs with our key, what’s to stop them using it - people are curious. They told us to lock our living room door and bedroom door. We have a child living here, they expect us to lock her in her room (which is next to the living room, seperate to our bedroom down the hallway). What if there’s an emergency? Nothing on our tenancy agreement (which is generic and is misprinted so you can’t read some of it anyway) says that the pub requires access to our hallway.
  • We both work full time but due to just finishing university, we are both in our overdrafts still and have no savings, it’s just gonna take some time. We have applied to join the council house list but they ask for a landlord reference. I do not want to ask them for one because they have made us feel unsafe, and I imagine they’ll be negative.

AIBU to be complaining about these things? They make me feel like I’m in the wrong for bringing these issues up. We have nowhere else to go, there’s no properties to rent around here that are under £1000p/m, we are restricted to this town due to work.

OP posts:
rosieposie1203 · 11/11/2023 12:12

IHearTheMermaidsSinging · 11/11/2023 12:02

Every time they leave the spare key to your flat out in the hallway take it. I would then leave the key on the inside of the door so that they cannot then open it from the outside.
Re the council tax - if you're not paying any at all and you then move to another place, the council may wonder where you have been all this time, and you could possibly be landed with a bill for the missing months. Please check this out with your council.
And yes, Move, when and where you can as this has disaster written all over it.
Best of luck. Flowers

We did think that, just take the key lol.
We are paying council tax, the council just doesn’t recognise our flat as a property so our letters are addressed to the pub, which is why we don’t think it’s a registered flat. I don’t think the previous tenants paid it though due to the issues we’ve had setting it up lol but that’s not my issue!

thank you!! X

OP posts:
rosieposie1203 · 11/11/2023 12:18

I’ve just checked the title thingy on land registry and the lease to the man who runs the pub has the lease of the ground and first floor. My flat is on the first floor along with the upstairs of the pub, I’m guessing this means he should have the flat and it not be let out to others?

I’ll take this all to the council next week, crazy

OP posts:
Ginmonkeyagain · 11/11/2023 12:23

The other issue that worries me is you are sharing a boiler with the pub downstairs. Which I assume means you are reliant on them for heat and hot water?

This activity may well mean you end up being evicted so plan for alternative accomodation but hopefully you will also then get on the council radar as inadequately housed.

rosieposie1203 · 11/11/2023 12:38

Yes we do rely on them for heat and hot water. I can’t really access it as the boilers in the men’s bathroom and it locked, and obviously we have no key to the pub or boiler.

As our deposit isn’t in a scheme they have to give us 2 months notice for eviction. Hopefully we can find something soon, I just have never met people like them

OP posts:
CantFindTheBeat · 11/11/2023 12:53

Sounds really tough, OP.

Did you let it through an agency?

rosieposie1203 · 11/11/2023 13:01

No just through the landlords privately. We know next time to go through an agency!

OP posts:
Lolapusht · 11/11/2023 13:29

OP, maybe post in Legal Issues as there’s a LOT going on here!

Are your LLs the person/people currently running the pub ie the Licensee?

Have you got gas safety certs etc?

Are you paying CT for the whole property?

I’m pretty sure the water/heating situation is illegal.

They cannot enter your property without permission. They cannot expect you to accept that the public can effectively enter your property. That is horrendous.

There are a lot of issues to untangle. Your deposit not being protected is an obvious one as they are in clear breach of the law. Once you’ve identified your LL (and they may try passing the buck) they will owe you money. If they own a pub they will - hopefully - have assets so you should get something from them. They are definitely breaching LL/tenant law but maybe also Licensing law and god knows what else.

Not sure if Citizen’s Advice will be able to help as it sounds quite complex. Work out what you want from the situation then work from there.

rosieposie1203 · 11/11/2023 13:36

Lolapusht · 11/11/2023 13:29

OP, maybe post in Legal Issues as there’s a LOT going on here!

Are your LLs the person/people currently running the pub ie the Licensee?

Have you got gas safety certs etc?

Are you paying CT for the whole property?

I’m pretty sure the water/heating situation is illegal.

They cannot enter your property without permission. They cannot expect you to accept that the public can effectively enter your property. That is horrendous.

There are a lot of issues to untangle. Your deposit not being protected is an obvious one as they are in clear breach of the law. Once you’ve identified your LL (and they may try passing the buck) they will owe you money. If they own a pub they will - hopefully - have assets so you should get something from them. They are definitely breaching LL/tenant law but maybe also Licensing law and god knows what else.

Not sure if Citizen’s Advice will be able to help as it sounds quite complex. Work out what you want from the situation then work from there.

No they own the building, they lease the pub to somebody else.

No gas certificates, we were only provided with a tenancy agreement.

Yes I think we are paying council tax for the entire property as the letters just state the pubs name as the address.

that’s our problem, just don’t know who can help us lol! I will pop it into the legal thread, thank you !

OP posts:
JackGrealishsCalves · 11/11/2023 13:59

rosieposie1203 · 11/11/2023 13:36

No they own the building, they lease the pub to somebody else.

No gas certificates, we were only provided with a tenancy agreement.

Yes I think we are paying council tax for the entire property as the letters just state the pubs name as the address.

that’s our problem, just don’t know who can help us lol! I will pop it into the legal thread, thank you !

I bet they are breaking a lot of laws, no deposit protection no gas safety certificates.
What about smoke and carbon monoxide alarms?

rosieposie1203 · 11/11/2023 14:10

JackGrealishsCalves · 11/11/2023 13:59

I bet they are breaking a lot of laws, no deposit protection no gas safety certificates.
What about smoke and carbon monoxide alarms?

never been tested while we lived there. The smoke alarms have gone off in the middle of the night and we have had to go elsewhere for the night as we can’t turn them off as the panel for the alarms are inside the pub and we have no access to it.

Writing it all out makes me realise how bad it is🤣

OP posts:
CantFindTheBeat · 11/11/2023 14:37

Have you got a tenancy agreement, OP?

You really need to leave. You aren't renting a viable property at all 😞

CantFindTheBeat · 11/11/2023 14:38

How much is your Council Tax, OP, is it in the right ball park for a flat?

rosieposie1203 · 11/11/2023 15:05

CantFindTheBeat · 11/11/2023 14:37

Have you got a tenancy agreement, OP?

You really need to leave. You aren't renting a viable property at all 😞

Yes we have, it’s just a generic one they got online, some of the text is missing due to the dodgy printing so that should have been the first red flag🤣

we pay about £186 a month council tax - not sure if that’s a normal price for a flat but the concern is the fact they can’t change the address after we have been in requesting the change of address on the letter.

Wednesday we’re going to the council with everything so I’m hoping we can get somewhere with it!!

OP posts:
laclochette · 11/11/2023 16:34

@rosieposie1203 that sounds an awful lot for a flat above a pub. I know every council and property is different but it's twice what I pay for a flat in London.

rosieposie1203 · 11/11/2023 16:40

laclochette · 11/11/2023 16:34

@rosieposie1203 that sounds an awful lot for a flat above a pub. I know every council and property is different but it's twice what I pay for a flat in London.

Oh really? That’s useful to know - deffo will question that again at the council. I’ve already brought it all up to them but clearly nothings changed!

OP posts:
Superscientist · 11/11/2023 16:54

rosieposie1203 · 11/11/2023 16:40

Oh really? That’s useful to know - deffo will question that again at the council. I’ve already brought it all up to them but clearly nothings changed!

What band is it in? I would expect a small flat to be band A or B.
If you go on your council website it will tell you the price for the different bands. The costs do vary from council to council but I think I'm paying similar to you for a 4bed detached in Derbyshire.

laclochette · 11/11/2023 16:55

@rosieposie1203 it's going to be complicated because as I understand it, pubs with accomodation above them pay business rates for the pub bit, and council tax for the residential bit. But they're treated as the same premises, I think. Just with two rates levied to reflect their dual usage. I suspect that's what's happening here - you're covering the rates for the residential bit. But your conversation with the council will no doubt be illuminating.

It might also help you with your plans to move out. If you find somewhere with a slightly higher rent than your current, you could check the council tax on the property and might find it a fair bit lower than what you currently pay. Which might make a new and less troublesome property more affordable than it seems 😊

rosieposie1203 · 11/11/2023 17:08

@laclochette ah that makes sense. Thats probably what’s happening! Yeah hopefully we can find somewhere that works out about the same if there’s a reduction in council tax!

OP posts:
rosieposie1203 · 11/11/2023 17:09

@Superscientist were band A. Just spoke to a few people and they’re on different bands and pay less than us for houses in the area so not a clue!

OP posts:
Noshowlomo · 11/11/2023 17:13

Sorry if I’ve missed it but what country are you in?

rosieposie1203 · 11/11/2023 17:14

@Noshowlomo North Yorkshire, england

OP posts:
Superscientist · 11/11/2023 17:41

rosieposie1203 · 11/11/2023 17:09

@Superscientist were band A. Just spoke to a few people and they’re on different bands and pay less than us for houses in the area so not a clue!

I used to live in York. I have just looked up how much my band A 1 bed flat now costs for council tax and it's £1300 annually and the 2 bed band B flats are £1500. Usually council tax is paid over 10 payments rather than 12. Just for some comparisons for you.

I think next week you really need to sort of the legalities and formulate an exit plan!

rosieposie1203 · 11/11/2023 17:50

@Superscientist yeah we’re about 40 mins from York, sounds about right! So expensive nowadays! We do it over 12 months.

yeah that’s the plan! See where we stand and aim to see if the council can help us with housing while we wait for a property to come available to rent! X

OP posts:
IHearTheMermaidsSinging · 18/11/2023 16:53

If you're in the topside of north yorkshire there are 1-2 properties available on rightmovearound the thirsk n'allerton area at the moment, in CT band A, with rent around £475 - 600pm. They sound so much better than the situation you're in at the moment.

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