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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To wait until the day I move out to tell the landlord I am leaving?

39 replies

TheLadyEvenstar · 13/07/2009 21:47

he has been nothing but a twat since i moved in, harrassing me, threatening me, refusing to do repairs which in turn has made my 2 children ill. changing the rent almost weekly, and now has put it up to £350 per week. I am moving on the 27th July and have no plans to tell him until I move out.

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Original poster
TheLadyEvenstar · 13/07/2009 21:48

oh he also has told me if i give him a weeks notice he will return my deposit otherwise he won't

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FluffyBunnyGoneBad · 13/07/2009 21:49

Fair enough. £350 a week

FluffyBunnyGoneBad · 13/07/2009 21:50

Do you pay this arsehole weekly or monthly?

jkklpu · 13/07/2009 21:52

Sounds as though you didn't have a contract in the first place if rent has changed and you don't have anything written down about the terms of returning the deposit. If this is the case, he wouldn't have anything to go on to get redress from you, but then neither would you. For example, if you left something in there, you'd have no grounds on which to get it back.
Next time, make sure you have a written contract and take it to CAB.

Original poster
TheLadyEvenstar · 13/07/2009 21:54

weekly, HB pay it atm but well its a long story but i fell into a small amount of arrears which i was paying off...he then refused for 5th time to do repairs and i refused to pay the rent but put it aside for him. He contacted HB who have started paying him. HB had awarded me a descretionary payment of £300 pw to cover the rent and now they are paying him direct they will only pay him £220 the local housing rate. So he has started threatening me and told me if i pay him £125 pw in his hand he will let me stay otherwise he will evict me....blackmail springs to mind?

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MissSunny · 13/07/2009 21:54

Message withdrawn

MissSunny · 13/07/2009 21:55

Message withdrawn

Original poster
TheLadyEvenstar · 13/07/2009 21:55

JKK, I did have but tenancy ran out in FEBRUARY I refused to sign a new one while flat is in such bad state of disrepair. So I have what is called a rolling contract which runs on a monthly basis.

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MissSunny · 13/07/2009 21:57

Message withdrawn

Original poster
TheLadyEvenstar · 13/07/2009 21:57

MissSunny no mansion lol it is a 2 bedroom flat.

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FluffyBunnyGoneBad · 13/07/2009 21:59

Go to the HB office, tell them you are moving and are going to not pay the last weeks rent as he can use the deposit to cover this, then you should not loose out. Make sure you take pictures when you leave to prove the condition of the property.

He's an arsehole.

MissSunny · 13/07/2009 21:59

Message withdrawn

kormachameleon · 13/07/2009 22:00

This reply has been deleted

Message withdrawn at poster's request.

Original poster
TheLadyEvenstar · 13/07/2009 22:05

Sunny, he was getting full rent but he was being a tosser putting it mildly and then he contacted HB and told them he had no been recieving it. They then began an investigation which started with me, but i provided proof i had paid. The investigation ended up being centred on him. He did not ask me to pay the difference which was 45 he wants me to pay £125 per week to stop him evicting me.

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Greatfun · 13/07/2009 22:07

Thats a very expensive flat. If you just move out he wll be unlikely to return your full deposit as you will still owe him a months rent. However, it sounds as though your relationship has broken down with him. Seeing as you are in arrears he may be glad for you to move anyway. Did you sign an inventory before you moved in? If so, get it out and go round the flat yourself to check everything is in order. Take photos if possible. He by law should have held your deposit under a deposit protection scheme (I am a landlord and do this myself). That means he can't just keep your deposit. You have to agree between you what is acceptable. If he hasn't done this he risks a large fine so you would have some leverage against him for that alone. If you move out without notice you will owe him the rent for the notice period (normally a month as its a rolling contract) and any arrears. Regarding the rise in rent it is my understanding that he can only change the rent once a year, normally at the end of a 12 month tenancy.

FluffyBunnyGoneBad · 13/07/2009 22:10

Hold on ladies:

If you are paying this tosser weekly then it's weekly notice you should give. He should be giving you a rent book. Don't bother giving him notice but try and wangle him using the deposit as the last weeks rent as you have sod all chance of getting it back otherwise.

Tillyscoutsmum · 13/07/2009 22:16

Does your tenancy agreement say you have to give a week's notice or a month's notice ? If its an Assured Shorthold Tenancy - then it is normal to give 1 month's notice. The fact it has expired doesn't matter - you are still legally bound by its terms

If you don't give the relevant notice, your Landlord has every right to withhold the deposit to cover the notice period.

If you can afford to lose it, then by all means just go

Original poster
TheLadyEvenstar · 13/07/2009 22:17

Sunny when I viewed the property it was gorgeous, the day I moved in, well was meant to there was a leak from the upstairs flat into mine (caused by him going through a water pipe) I couldn't move in for an extra week..his goodwill gesture was £40 back. He was at the time lovely, he stopped the leak and said he would be back a fortnight later to carry out repairs (holes he had cut in ceiling, recarpet ds1's bedroom which had got soaked, repaint his walls etc) That was on 19th August 2008.....he still hasn't done them.

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Original poster
TheLadyEvenstar · 13/07/2009 22:19

Tilly, he wants me to give him 1 weeks notice otherwise he refuses to give the deposit back.

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Tillyscoutsmum · 13/07/2009 22:21

How much deposit has he got ? Unfortunately, if he's asking for 1 week's notice and you don't give it, he's legally entitled to keep 1 week's rent (£350 ??). If the deposit is more than that, he needs to return the remainder or give a valid reason for keeping it ....

Original poster
TheLadyEvenstar · 13/07/2009 22:27

GF When i signed the tenancy the rent was stated at £260 pw with a £40 fine if you are late. Now to me this means if you are a day late however it meant if i paid the rent in after 3.30pm he would charge me £40 extra a week taking the rent to £300. which is what has caused the investigation with HB.

I am going to get in contact with the RDS and find out what I need to do. Basically having spoken to the private tenants sector at the council they advised me to find elsewhere as he was being threatening, it just so happened that i found somewhere before the appt with them for assistance.

its a much nicer place as well lol no walls falling down (and no thats not a joke eldest sons bedroom wall is collapsing, ensuite bathroom wall is collapsing)

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Original poster
TheLadyEvenstar · 13/07/2009 22:29

He has £1180 deposit. which is more than what the rent was at the time iyswim? the rent atm is...well it varies from week to week from £260-£300 depending on when it is paid.

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Original poster
TheLadyEvenstar · 13/07/2009 22:30

a few photos of the repairs needed

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FluffyBunnyGoneBad · 13/07/2009 22:34

Have you tried contacting Shelter and see what they say? They have an advice line, there's alot of info on their web site.

Original poster
TheLadyEvenstar · 13/07/2009 22:38

Fluffy I have spoken to them numerous times. It has got to the point where I just want out of here, there is bad damp. DS1's bedroom floor gets soaking wet everytime we shower in the family bathroom, we can't use the ensuite bathroom as everytime we shower in there our bedroom floor gets soaked. The kitchen tap is hanging off, the shower doors are barely held on, walls are crumbling left right and centre.

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