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

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

Legal matters

Dds landlord, is he trying it on?

36 replies

SidneyPiecrust · 30/08/2016 21:47

Dd and two friends share a uni rent. Landlord makes them pay half rent over summer when they are not allowed to stay in flat. Dd left for summer in June a d has today been informed that flat was left in worse state ever and would. Need prof cleaning. I saw flat when d left was not in a star. Think he is trying it on, what can broke, now tearful dd do?

OP posts:

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SuburbanRhonda · 31/08/2016 12:05

She doesn't know best, though, does she?

If she allows her LL to walk all over her he will no doubt pull another stunt at the end of their tenancy. Please show her this thread and explain to her that her LL is breaking the law and she has nothing to fear from standing her ground.

And don't feel afraid to step in on her behalf. DD's LL allowed her to stay an extra week beyond the end of her tenancy but kicked her out a day early as he said he had cleaners coming in. So I phoned and told him she was paying 6 days rent and that was the end of it.

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SidneyPiecrust · 31/08/2016 12:08

Yep she's going for the easy option but now mum really does know best. Thank you all.

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scaryteacher · 31/08/2016 15:24

I agree that upping the deposit isn't legal if the tenancy is rolling over, but my ds had a new tenancy for this year, with slightly increased rent. The l/l was happy to keep the deposit as opposed to getting it out of the scheme, and then me giving it back again, so no rise there, but he could have insisted.

The paying half rent over the summer is entirely normal for student lets, has been since the 70s iirc, it means that the l/l doesn't have a 3 month void over the summer holidays.

As for the cleaning, we are abroad, so it costs less to have the l/l arrange to have the house cleaned, than it would cost for me to go back to UK and do it. £120 in total for a 4 bed house after a year of occupation by 4 lads didn't sound too bad!

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Sootica · 31/08/2016 20:55

This reply has been deleted

Message withdrawn at poster's request.

SuburbanRhonda · 31/08/2016 20:58

Arranging for a deep clean at the end of a tenancy and if the property requires it is standard, I agree. However, just because four male students lived in the property doesn't mean the need for a deep clean is inevitable. It depends how untidy they are.

If the property has been allowed to deteriorate compared with its condition at the start of the tenancy the LL still needs to provide proof of this in the form of photos and a checking-in inventory signed by the new tenants. And the LL still has to make a claim on the deposit through the deposit protection scheme.

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JenLindleyShitMom · 31/08/2016 21:01

What was the landlord doing in the house? Who let him in? Did he request permission for access to inspect the property over the summer? He can't just go in when he likes without permission, regardless of whether he lives next door and he can't deny them access over the summer of they are paying rent.

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SuburbanRhonda · 31/08/2016 21:35

Good point, jen.

LLs have to give 24 hours notice to tenants if they want to come into the property, unless it's an emergency (eg gas leak).

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HereIAm20 · 01/09/2016 10:26

As said above it is quite a normal set up for students to pay half rent over the Summer holidays to keep the tenancy going for the following year at uni and as above their possessions are able to stay in the property in the meantime.

As the tenancy has not yet come to an end there should not yet be an issue about the state of the property - that is something that will arise at the end of the tenancy so far as deductions from deposits etc. It may just be the LL telling the students they need to up their game as far as cleanliness is concerned.

Also as mentioned are you sure the students have not received an email from The Deposit Protection Scheme which they may just have deleted as spam. It is usual for the LL to take the deposit but then place it in the scheme and it is the scheme that contacts the tenant with the reference direct.

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SidneyPiecrust · 01/09/2016 12:52

Thanks again for replies.

So here is the latest. CD is waiting for email from all with what the cleaning problem is. He intends paying for it from their deposits which they then have to repay. Dodgy as hell 😬.

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SuburbanRhonda · 01/09/2016 18:41

So their deposit is clearly not in a DPS. He simply cannot do this, OP. It's not "dodgy as hell", it's against the law.

If you read my links you'll know that if the tenants' deposit is not in a DPS the landlord the tenants can get compensation in addition to their deposit back in full.

I asked upthread but you didn't reply - what are the tenants doing about this? Who have they spoken to for advice? If they roll over and let the landlord take money that doesn't belong to him for cleaning that he has no proof is necessary, he'll stitch them up like a kipper when the tenancy comes to an end.

Then he'll do the same to the next set of tenants.

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SuburbanRhonda · 01/09/2016 18:57

their possessions are able to stay in the property in the meantime.

So how does their possessions insurance policy work over the summer, when the property is unoccupied and the LL (and his mates - who knows who can enter while the tenants aren't there?) has free and unfettered access to the property during that time?

Genuine question - my DD paid full rent over the summer and was living in the property and working.