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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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.

OP posts:
Tillyscoutsmum · 13/07/2009 22:43

I can see he's been a thoroughly shite Landlord and you probably want to annoy him by not giving notice but isn't it a little bit "cutting your nose off to spite your face" ?? If he's said you'll get your deposit back if you give a week's notice, is it really worth the hassle of pissing about trying to get deposit etc. back for the sake of a quick two line letter telling him you're going ??

It seems to me that the hassle caused by you not giving notice will be worse for you than him iyswim. Give him notice, get your deposit back and move on ...

FluffyBunnyGoneBad · 13/07/2009 22:44

I'd be tempted to either take him to the small claims court to try and get the deposit back or take the kitchen with you!

Do keep the pictures, if you have a camera with a date function then use it to take the pictures.

You can move out whenever you want, it's doubtful he'll chase you for the deposit, it will be more costly to him.

TheLadyEvenstar · 13/07/2009 22:55

lol was tempted to take washing machine lol

OP posts:
CarGirl · 13/07/2009 22:59

I think even if you give him notice you may not get your deposit back, what happens then?

FluffyBunnyGoneBad · 13/07/2009 23:02

Small claims court.

TheLadyEvenstar · 14/07/2009 00:04

Fluffy or

HENCHMEN

OP posts:
MissSunny · 14/07/2009 00:34

Message withdrawn

NotPlayingAnyMore · 14/07/2009 01:43

LadyEvenStar - I have some questions, the answers of which will let me help you

  1. Were you placed into your home by the council?
Is it on a rented accommodation in the private sector scheme or leased from a private landlord to a housing association? You may be entitled to further protection if so.
  1. Were the repair requests, repair refusals and rent increases made in writing?
  1. As far as I remember, however often you are paying is irrelevant to the amount of notice given: it is the frequency agreed which counts.
Did the original contract specify rent weekly or monthly?
  1. Does that same contract mention 3.30pm, any other time deadline other than date, or the 40 quid charge? If not, he cannot insist on it.
  1. I can only see cracks in the plaster from your photographs - are the walls actually falling down (as in, for example, in comparison to my friends chimney falling down earlier this week?)

Also - don't put text on your photographs if you want to use them for proof. Keep the originals.

Otherwise, the way things stand, you're still going to be liable for the rent over the period of notice you should have given.

Personally, I think he's making you save up for repairs for a new tenant to benefit from

NotPlayingAnyMore · 14/07/2009 01:45

And...
What form does the harassing and threatening take?
He may be breaching your right to peaceful enjoyment which is standard in tenancy agreements.
Either way you should have it on record with an appropriate agency.

Devendra · 14/07/2009 06:49

Just dont pay any rent between now and when you move out.. should work out about the same as your deposit.. Keep a low profile until you move.. really.. stop paying this tosser if you are moving anyway!

TheLadyEvenstar · 14/07/2009 07:24

NPAM,

I found the property myself on gumtree.

I emailed many tims asking for the repairs to be done, he replied saying he wouldn't.
the original contract stated the monthly rent and the weekly rent.
No, no mention of the time deadline at all.
My sons bedroom has a large hole in it, where the plaster has blown and the wall is crumbling.
Will remember not to add text to pics thanks for that!

The harassing and threatening took the form of once was a text message at 4.47am, him turning up at the flat screaming at me that he was going to evict me, this was when i was unable to get to the bank to pay in £50 and had called him explaining,(i had a slipped disc and could not go anywhere. Phoning me and shouting making threats of changing locks while I was out, turning up unannounced and demanding entry to the flat sometimes at 8pm or later. The private tenants team at council know all about this.

Dev, the housing are paying him direct now.

OP posts:
ObsidianBlackbirdMcNight · 14/07/2009 08:05

Ladyevenstar -
it's a shame you were not clearer on your rights a long time ago. You do not have to pay a penalty for being late - not ever, unless it is specifically in your contract, which would be very irregular. My contract states that they can begin possession proceedings if the rent remains unpaid for two weeks after the due date. a few hours on the same day is outrageous and has no footing in law.

He can't just evict you without breaking the law. Even if you stop paying rent he has to go through the courts to get you out which takes a long time, even with your tenancy agreement expired.

I think you need to find out where your money is, if you moved after 6/4/07 he must by law put it in a DPS. Is this the case? If so, he cannot withold it unlawfully. He can delay releasing it to you but he cannot take money from it willy nilly. If he has not lodged it in a DPS but it was after april 07 then he is in big trouble.

I'm not sure what the best thing is to get your deposit back. In terms of notice - fuck him, but you need that money.

NotPlayingAnyMore · 14/07/2009 08:24

"the original contract stated the monthly rent and the weekly rent" - but how often did it specify it should be actually paid?

Were the rent increases in writing? If not, then draw up a timeline of what you really owe and what you've actually paid, one way around it could be that you're in enough "credit" to give notice now but leave immediately, letting you concentrate on fighting for the deposit back.

GColdtimer · 14/07/2009 09:02

will stop stalking now

Your landlord sounds like a knob, I hope you manage to find a way to get your deposit back. Whatever happens though, it sounds like it will be unpleasant - I feel for you, its so stressful.

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