Landlord bullying - service charge

[groundhogs]

Can anyone please help?

I took on a rental 8 months ago, no mention of service charge was ever made, and now LL has tried to tell me that I have £170 to pay to bring it up to date, and £21 odd per month thereafter.

Now, in all instances I've ever heard of where service charge applies, it's included in the rent, as the bill can never be reassigned to anyone other than the owner of the house.

I spoke to a solicitor informally (he's not legal aid, and pricey, but kindly gave me his opinion) he said Service charge is not a utility (which is what LL is saying) He says that as it's not specifically mentioned on the contract that it's not applicable.

I also spoke to the letting agent of a house 2 doors down from me, and HE said the same. He also said that as the original 6m of the agreement is up, that she can't increase the rent, or alter the contract.

I was feeling all strong and confident after talking to the above, but now she's just sent me a text to say the opposite, and now she's now threatening to serve me notice, all for £21 a month.

Can anyone put my mind at rest?

phew, yes! counting the days.... and now I have a lovely little PC chappy that can supervise the check out if I need him to...

Ah, some good news at last love!

God riddance to the oldbag LL from hell. Don't you worry, one day she will piss off the wrong tenant and will get her comeuppance

I can't bear it that some people seem to be able to get away with so much and act how they like with no (immediate at least) reprisals, yet guaranteed if one of us normal, well adjusted ones were to even attempt it, the boys in blue would be giving us a talking to at the very least!

The PCSO was livid on my behalf, and at least 6'5"... she is a short arse (short woman syndrome??) and he'll give her a damned good talking to... Well actually, it might have to be possibly at her work place, so I doubt he can cycle over there, he'll have to get a PC to go there...

Finally, I don't feel sick any more.

So what's the poll on here then? Do her for harassment or just let it go? Interested in all opinions

I would get her for everything that I could.

But then just take a look at my screen name and know what I have done in the past to a select few.... I may not be the best one to ask!

OI, I'm a shortarse!

huffs

He he, no offence....

If she tries anything else....

OK Here goes....

I have now got a letter from a solicitor. Saying that I'm in breach of clause do-dah over changing the locks without permission, and that I'm not allowing access. I have until friday week to give over a set of keys and confirm to them by writing that I will allow reasonable access.

OK, so as I understand it, my right to quiet enjoyment has long been violated, and as the nauseous feeling has returned, thanks to said above letter, is still being violated.

I understand that my right NOT to be bothered by her supercedes all tenancy clauses and all contracts. Given that she came here without my permission, and indeed against my expressed permissiion, with her keys, fully prepared to enter my home, thinking I would not be there.

Again on Weds last, she did the same, calling the police and climbing the fence to get into my garden. I have verbally told her to leave me alone and not to come near me, I have said the same to her on a text, and indeed in my notice letter to her.

I will NOT allow access to that woman, and I will not supply her with any means at all to enter my home. Not when she felt it entirely appropriate to scream in my face outside my home, in full view of the neighbours, what would she do behind closed doors.

The last tenant alleged assault.... I'm now wondering if she wasn't lying....

You are all probably going to tell me it's Ok and I'm within my rights again aren't you? I am within them aren't i? Everything I see, hear and research tells me I am.

What do to? I actually have a meeting with the CAB on the same day as I'm supposed to comply with the solicitors letter.

You've put in your month's notice, yes? She puts off minor admin stuff, like, er, protecting your deposit, for, well, several months, yes?

Fuck her.

A solicitor's letter is just that - a letter written by a solicitor. It has no more meaning or power than if she typed it out herself.

You'll be handing over your (new) keys when you leave, and she can have access then to do her inventory with you present - that's less than a month away and therefore perfectly reasonable.

By all means, confirm in writing that she can have access on such-and-such a day (your move-out day) at such-and-such a time (to suit you); just accidentally forget to hand over a spare set of keys.

God, but you'll be glad when you've gone, eh?

Just remember (and her lawyer knows this) that the only thing she can do, if you don't hand over keys on Friday week, is evict you - after getting a court order, if necessary. And you're already moving out, so she has no power.

Anything else she tries - phone calls, ignore, hang up, don't answer. A personal visit, don't answer the door and call the police if she won't move.

You are in the right, here.

I'm afraid I'm not going to tell you that you are within your rights. You may be going too far. Many people seem to think that the right to quiet enjoyment trumps everything else. I'm afraid it doesn't.

Under the Landlord and Tenant Act of 1985, the landlord has the right to access the property in order to carry out repairs and inspect the condition of the property. She must give 24 hours notice in writing and the access must be at a reasonable time of day. If the appointment time is inconvenient you will be expected to consent to an appointment at another time. If she was using this to demand access all the time it would breach your right to quiet enjoyment. However, if she was following a sensible schedule of repairs and inspections, her right to access would trump your right to quiet enjoyment.

Regarding viewings for prospective clients, most tenancy agreements include a provision requiring the tenant to allow reasonable access for viewings in the final month of the tenancy. That doesn't mean you have to allow viewings willy nilly. You do have a right to quiet enjoyment. However, it is normally recommended that you agree one or two days a week on which you will allow viewings at particular times with appropriate advance notice.

Should this come to court, this now has an element of "six of one, half a dozen of the other" about it. Other than in an emergency she should not have attempted to enter the house against your will, especially if she thought you weren't there. On the other hand, even if it doesn't say anything about it in the tenancy agreement, you should have got the landlord's permission before changing the locks and it is not unreasonable for her to demand a set of keys. After all, you could now do a bunk and leave her with no way of getting into her own property. Indeed, if she needed access to the property in an emergency while you were away (e.g. because there is evidence of a gas leak) she would have to break the door down.

I'm sorry you've got the landlord from hell and I do understand where you are coming from. I hope this doesn't end up in court but, even if it does, I think the court will have considerable sympathy with you given her behaviour to date.

I see you are meeting the CAB on the day you are supposed to comply with the solicitor's letter. Take advice from them before doing anything. I doubt her solicitors will take action against you just because you are one day late. But don't reject her solicitor's demands until you have spoken to CAB.

Thing is, after the last time she screamed at me with her daughter, I really don't want to be in any enclosed space, or indeed any place with her.

She served me notice, meaning that according to her I would be out of here on 1 June. So she is not expecting me to leave until then.

I have now given notice myself, 1m, so will leave here on April 30th. I have stated in that letter that she can have her access then.

It would appear legally that I AM within rights to refuse visits while not at home. I have told her on 2 occasions that she will not be able to gain access to my home while I wasn't there. She came anyway, mob handed and with her big bunch of keys.

I'll stick to the CAB thing, will do as they say, and as you say no solicitor in the land can do anything cos I'm late by 1 day.

At the time of the Friday week meeting, it'd be 2 weeks to the day that I'll be leaving anyway, so tbh if she wants me to do anything i can tell her to get a court order.

Her solicitor obviously knows nothing of her behaviour toward me... might change when i say the word harassment... LOL the solicitor cited 'safety' issues regarding her not having keys... the flaming locks were changed because of my need of protection FROM her...

I'll be reinstating the locks to the original ones the day I leave, I never intended otherwise.

Yes, you certainly don't have to accept visits when you are not at home. If she enters the property without your permission when you are not there she is definitely in the wrong unless there was an emergency.

Good luck and hope it goes well. I'm sure you'll breath a huge sigh of relief when you move out.

LOL, you'll feel that force 5 breeze, wherever you are, when I finally get to heave that sigh of relief to be out of here.

I am kind of banking my bravado on the fact that in her eyes she has served me notice which compels me to leave on June 1st. I'm giving the house back a whole month earlier.... She wants me gone, I'm going sooner.

I've offered her opportunities to back down without losing face, she has ignored all of them. I've said, enough, I can't take this animosity, this rudeness, these threats any more, please don't keep doing this, she's ignored me.

I've attempted to appeal to her better judgement to say Look, you never mentioned this to me before now, if we'd have discussed this upfront, we would have come to an agreement, You didn't and we didn't. Let's put this down to experience and move on with our lives. It's clear in law that it's not my responsibility, and we never agreed anything to the contrary. let's leave it there... again she has refused to let it go.

This time next month, it'll all be over...

practising sigh...

Thanks again!

The only "safety issues" I can think of, would involve a gas leak or the fire brigade having to get into your house - and they don't generally fuck about waiting for a keyholder to turn up if you're not in. Stand your ground, and enjoy your new place!

Groundhogs,

I feel for all the aggravation, bother and distress she is causing you. She seems to be on a vendetta against you.

Just sit tight until the end of April and hope she doesn't kick off on one again.

I was on the receiving end of crap landlords in my youth - but nowhere as bad as this.

I just can't understand it - one pays the deposit, pays rent on time and looks after a rented property - surely what any landlord would want - and in return one gets treated like s**t.

Hope your Easter has not been totally ruined.

Thanks chaps, no, I'm alright tbh, I know I'm going and I know that even if I told her solicitor to literally F off, there is nothing legal they can do me for before I go on 30th anyway.

The house will be spotless, it will also be photographed. One thing is that because there was such a fight between her and the last tenant, the place was filthy, so it's not like I'd actually even be able to return it in the same condition as I took it over...

It'd take months to work up that grime!!

Could you ask someone independant to veriy in writing/ witness the state of the house when you left it ? Estate agents or something ?

Or even get the landlady to sign a paper to say she is happy with the house before handing over the new keys.

Might cost a small amount but would worth doing.

Or if the nice policeman will be around, maybe he will sign the photos as proof that was the real state of the house, when you left.

Get someone independent and also take LOTS of photos on exit. Is it a private rental with just her or did you go though an agency/estate agent?

If you is, get them to be present on handing over of keys.

You need to give her the correct keys, be it that you give her the new set or change back to the old set.

I would actually suggest having someone independent, or requesting a PC be present anyway, given her history. You can say that you fear she will commit assault as it has been alleged in the past and that you fear she is going to make many wild accusations against you. A PCSO will hopefully be sent and that is as good as a PC in this situation.

It does mean that you will be bound to the PCSO's availability, but that is small fry when you think about the big picture.

Like I said earlier (you now know who I am ) I will be there if you need me!!!

Kisses!

Make sure the photos are the type that date themselves so you can prove they were the day you left. Good Luck!

I see who you are...

I'll be reinstating the locks to her original, will be taking my £50 of locks with me thank you very much!

Yes, my Nikon can do time/day stamp, I'll sort that out.

I'll be talking to the PCSO early this week and will sound him out about attendance. He could call for PC if he's not free though.

I have to look out the inventory, I have a feeling it's unsigned.... ho hum.... tee hee...

Wondering aloud, ought I take this new letter to the CAB sooner, or should I just leave it until my appointment with them, seeing as the LL(FH) can't actually do anything anyway...

Oh yeah Nemain... you may have name changed, and I'm not about to shop you and all that, but word to the wise love, you can't go round kissing willy-nilly like that, not with a new name FGS....

You'll get mistaken for a newbie, or a CUKer and you'll set off all the smoke alarms....

LOL!!! I don't care about kisses (Soooo un MN-ly) on your thread missus. You know me!

I am OK with being outed as you will see if you hover over my name, just wanted a new name and making sure you know me.

LOL, I meant shopping you for the kisses!

They'll be deporting you off to NM if you aren't careful, and as much as I love you, I don't think I could promise to 'visit' you over there....

I think I'm allergic, that place brings me out in a nasty attack of Tourettes..

Hahah! I haven't actually ever ventured over there.

I found this forum first and have never attempted to try any others.

OKies, I will stop with the kisses. I blame the bottle of cava that I have had today.

I would love to see you have an attack of tourettes. I may have to do something over there to lure you just for the quick laff

LOL, i'd get banned in nano second...

From what I have read on here, all my posts would be censored.