Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

I feel it may get messy

7 replies

CunningAtBothEnds · 25/07/2013 13:23

Hi

For the last year DH myself Dsx2 and pets have lived in a very damp house. We put up with it as they reduced the rent and we were saving for a deposit.

They gave us notice in june, but luckily I wrote the contract so the notice period is 3 months. Anyway we are buying a house so would have been moving out anyway but obviously the notice has added a time Pressure.

We should be out before Sept, however...

The LL's have given us notice based on the house being unliveable, yet then say they plan to live here whilst work is being done?!

My concern is that they plan to just spruce up the shit hole and re rent it... This house has led to me and DS1 being hospitalised as its so damp cold... So would hate anyone to have to go through this again..

We are good friends with our neighbours, they will let us know as and when building work commences but, who else can I involve to ensure the work is completed? Env health?

Also they hold our deposit (nearly 1k) and I am concerned that as there is no inventory they will try and claim stuff is missing / damaged? Legally would the onus for an inventory be on them or us?

Thanks in advance

OP posts:
LIZS · 25/07/2013 14:37

Is the deposit held in a registered scheme , if so you can dispute any deductions and he needs to substantiate them. Photographic evidence might prove useful. You can report to the council housing department and they can prevent him letting it if substandard.

CunningAtBothEnds · 25/07/2013 14:51

Hiya
Its with a scheme so Thats a relief!
Where do I stand as there is no inventory? I.e there is wallpaper off areas of the wall due to the damp, and holes in the lino which were there when we moved in? Would the onus be on them to prove they were not there to begin with?

Also a larger issue, the current fridge freezer is ours, however when we moved in there was one here, which we used. It broke and due to the LLs finances replaced it, i know I own it and I know that there is no formal inventory, but what do I do if LLs claim the one we've taken is theirs? I dont have a reciept but do have the instructions etc? (Somewhere)

We can prove we were good tennants... Repainted kitchen, landscaped garden, alerted them to any repairs required, and up until now I felt we had a good relationship
With them, but feel the woman of the couple has the potential to be arsy?

With the costs of buying we could do without the delay on the return!

OP posts:
LIZS · 25/07/2013 15:00

Keep the receipt for fridge freezer ?

OldLadyKnowsNothing · 25/07/2013 15:04

As there's no inventory (and you wrote the contract? How odd!) they don't have a leg to stand on, and you'll get the whole deposit (and your fridge freezer) back.

Are your ll friends of yours, or something? Seems a very unprofessional setup.

CunningAtBothEnds · 25/07/2013 15:18

No lizs we didnt as we bought second hand (all we could afford when theirs broke And they refused to replace)

Old lady no, we were introduced by an agency but that was all, tenancy agmt only covered 6 months so I rewrote one... And built in 3 months notice their side, no rent increase for 5years etc Wink they were quite green to even sign it!

Am i right in thinking with no inventory the law would side with us? Also they reduced the rent in acknowledgement of the damp and acknowledge the damp issue, so presumably damaged caused by the damp- wall paper coming off paint and plaster in some rooms, will not be held against us?
Same for marks and frays on the carpet (like that when we moved in) ?

Also she has asked me to clean the house, i would anyway but wasnt planning on doing anything over what I would normally, and have been advised to leave the mould spores in place as moving them stirs up my asthma? Im guessing unless it was filthy they have no recourse there?
There is mould on most of the walls and doors!

OP posts:
OldLadyKnowsNothing · 25/07/2013 16:04

Oh, are they accidental ll or something? People really should find out their responsibilities before setting up a business, and the agency should have pointed this stuff out... Angry

There's no inventory, so they can't say anything about damp, peeling wallpaper, missing fridge freezer... You could pretty much trash the place (I'm sure you wouldn't!) and there's bugger-all they can do about it, because they have no proof of the condition when you moved in.

As for deep cleaning, no; they're supposedly chucking you out to do remedial work, that's going to be messy, and they'll have to redecorate when it's done anyway.

CunningAtBothEnds · 25/07/2013 16:14

Ah great thanks, I am not averse to a battle but would prefer k owing i'll win it if there is one to be had! I think that they bought it specifically to rent at a good price, and thought it would provide a good return, it has up to oct done that (their mortgage statement gets delivered here!!) but the damp proof course has failed so i think they are miffed!

Im not sure when LL texted if she meant they were moving in whilst building work is being done on her own home, that would make more sense!

I think once dust settles (and we are in possession of our deposit) I will report the property, for the sake of another renter. If they have acted appropriately then they have nothing to fear!

OP posts:
New posts on this thread. Refresh page