Blackmail

[brainfoggyandtired]

I am in a hellish situation. Private tenancy, multiple reports of disrepair from start and refusal to do any by the LL. Served a S21 and later accelerated possession claim which we are waiting to hear from court if it will go to hearing due to obvious retaliation and safety issues and also harrassment. Family circs were dire throughout and chicken out of school due to relocation and MH issues. It has been hideous and all of the above has severely impacted me and traumatised me and have been diagnosed with ptsd from chronic stress, anxiety and exhaustion.

Meanwhile have been actively hunting for a new home. Lots of nos due to dogs. A yes a week ago, paid holding deposit and started refs on open rent. Accountant verified income and as far as I know financially ok. They don't tell you. LL has ignored the messages from them and today emailed us to say we have to pay her legal fees for the claim if we want to stop the court process. And in not so many words get her to ref us. This is a sum in the thousands.

I've sent it all to our solicitors but I'm completely in shock that this LL could be so evil, we've been good tenants and her treatment of us has been horrendous. I'm scared that no matter what we do even if this house is a no, we will be stuck in a situation where without refs we won't pass the computer says yes test. Advice??? I'm feeling very low and desperately trying to move on from this nightmare.

This is in legal matters - the OP clearly lays out the circs and no breaches on our side. No one can end a tenancy unless mutually agreed or a court decision. I have children - would you rather I make myself homeless?

Not looking for spiteful opinion.

You are correct, only you or the court can force you out of the property.

Your landlady has asked you to vacate as per your contract. You haven’t, so she is going to the court to ask.

She has no reason to provide you with a ‘good’ reference whatsoever.

Wrong. The contract hasn't ended. She can't end it. We have tried to find a new home and tried to get her to talk to us about a mutually acceptable solution. She wouldn't even reply. Until we have a new home we can't leave. The court can either serve us with an order which would end the contract or a hearing to agree it. Either way it's shjt. If she wants us out quicker giving a truthful reference is the only way. She doesn't have to lie - we haven't done anything wrong! No damage, anti social behaviour, no breaches - plenty on her side! So it's not as simple as you say.

You'd think if she wanted us out asap it would be in her best interests to expedite it and allow us all to move forward. Instead she's used the opportunity as a way to try and get us to pay her legal fees for something she alone has initiated instead of having a reasonable adult conversation. It's completely unacceptable when we have as a result had to also spend 000's on trying to make sure our children aren't put into emergency housing after a traumatic year and a half for them. It's actually really cruel and disgusting.

Please go to Shelter, and also the council. The council may be able to help explain to the new landlord why you are not getting a reference from your previous landlord. Perhaps you could write them a letter and explain the cirumstances?

You clearly couldn't leave when told to if it was going to result in you being made homeless!

I don't think you will be getting any reference from the landlord so I would ignore her blackmail attempt. The council are able to be supportive even with private issues so please go to them and the CAB too. A letter from a solicitor, if you can afford it, may go a long way to stop your landlord in her tracks. I had a hideous ex-landlord who did absolutely nothing about maintenance and a legal letter to them scared them into agreeing to halve my rent until I decided to leave. It is worth investing in one I think.

I really hope you are in your new home soon. Perhaps talking to the new agency or landlord direct to explain the situation is an option but let the council guide you on that.

Thank you @LittleCharlotte x

What do you mean she can't end the contract? She can if she gives the correct notice and follows Legal process

Please go and read shelter website bc you're wrong and you're not helping me.

No need, I work in this area and review around 2 rental agreements every week.
IF your LL gives the proper notice and follows legal process she can end your contract
I am not a lawyer though so if someone who is wants to tell me how a LL can be stuck in a rental contract forever I would be happy to admit that I am wrong.

No one said that. In the nicest possible way. Read my OP.

She cannot end the contract unless a court orders it. It is periodic after the fixed term. And we have no where to go which was the subject of my post.

You might want to do a bit of research here bc you are being rude and inaccurate. You sound just like her tbh.

https://england.shelter.org.uk/housingadvice/privateerenting/assuredshortholddtenancieswithhprivatelandlords

Some of you ( and I'm presuming you are landlords) absolutely take the piss in nastiness - if we take OP at her word then she is in a tenancy where the LL has refused to put anything right - I appreciate that she should have left if served notice, but it sounds like she was served notice for making a pain of herself quite rightly -- rather than not paying rent. Admittedly we only know her side but as I said I'm taking her at her word. To be frank they should have put things right and even if they didn't want to renew give OP the time she needed and reference to sort somewhere else.

We have only had 1 instance a bit like this many years ago back in 2005- we are excellent tenants, keep places lovely, pay big amounts on time, have a garden guy etc - we had sewerage coming up through the bath plug in a bathroom that was in the basement- we were 10 weeks off end of fixed term ( our 3rd fixed term on that property) - we had a 4 year old. After 6 weeks and multiple complaints to agency they hadn't even attempted to look at it on behalf of landlord - so we notified the council as a health hazard- . Following week we got a plumber visit - all sorted and a nasty letter through the door from the landlord telling us he wouldn't be renewing as he could fix issues 'when it suited him' - agents were disgusted and actually they gave us a very nice reference and refused to market afresh for him

Thanks @Crikeyalmighty it's not dissimilar in that we had big issues from word go. I just got on with it and sorted myself trusting that she would be reasonable and it all just spiralled after a major safety incident that caused us all to evacuate the house and she made serious threats and accusations that were demonstrably untrue. As in, being in the contract (they weren't). At that point I got very scared bc I could see she wasn't remotely interested in our safety and that her insurance would be invalid as a result of the fact. I asked repeatedly for her to fix and reimburse us for other costs that weren't our responsibility to pay. But I didn't have a choice. Had to sell her furniture that she didn't remove and dismantle other stuff that was all in the contract. Turn away part of removals bc no space. It just went on and on. And then refused to repair plumbing and electrics saying the tradesmen were scared if me. It was insane. To be honest I think she's not quite sane. Or an alcoholic or unstable because it's frightening how much we've been gaslit and just zero help in anything. The oven is broken and we can't turn on half the lights. I've lived with this since February when it suddenly became clear that this was turning into a situation that wasn't going to get any easier. And instead of just mending the shit - we are all going through hell and costs and everything. It has affected my mental health so badly with kids who were at home 24/7 and the stress of dealing with someone who I felt threatened by constantly and just wouldn't be reasonable about anything we asked. And now telling me to pay her legal fees! To leave a house that has just been a nightmare and an expensive one from start to finish. The law is fucked and no one landlord should have the power to stop people putting a roof over their heads. It has really taken any sense or security away and had a knock on impact on me in many ways.

I haven't said you are a bad tenant. I merely said the reference will say no they would rent to you again as they were forced to issue a s21 and court proceedings to make you leave which is factually correct and no bearing on how you behaved while you lived in the property.

Wow just saw your last comment. I expect she may even reference that you disposed of her possessions without permission.

Do you rent through an agent or direct from the landlady?

Honestly if she wanted a fast reasonable solution she would have given you the damm reference

Sorry your renting off a crack head

Any luck with the council?

Appreciate this is of no help now but for future - if you complain in writing to the Landlord about issues with the property, they have 14 days to respond and set out how they will rectify. If they do not, you should get the council involved because if they issue an improvement notice to the Landlord before the Landlord tries to get in with a section 21, any section 21 that they try to issue in the next 6 months will be invalid.

Sorry this sounds like a horrible situation (and yes, I am a Landlord).

Thank you

Of course I didn't.

@Spirallingdownwards wrong. The s21 claim came out of nowhere. We had no idea she didn't want to renew and it was hot on heels of me asking for the long shopping list of shit to be sorted. We've done everything we could to try and find housing since then.

We pay rent to the agent but she "manages" the property despite not actually seeing it prior to our moving in or doing a single repair or inspection. Agent obviously works for her and is being as helpful as they can whilst being as much use as a letting agent can be.

Agree. Unfortunately I think she saw the reference as a money grabbing opportunity rather than be a decent person and follow through on the matter as she set out and forced upon us. I think she'd rather see us on the street.

This But the council will find you temporary accommodation if you ate legally evicted and are homeless.

@RedHelenB if it was just me fine, but I cannot put my kids through further trauma of losing a safe home when I had a child off school with severe anxiety depression and worse. We have the money and credit clearance, so it is just this person who has unjustly refused to take any responsibility for her obligations as a landlord and then issued legal proceedings as a result. And the punishment is on us. All I want to do is move. Even being in the house makes me anxious and depressed.