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Original poster

should we tell potential tennants the truth?

23 replies

natandchris10 · 28/12/2010 20:24

Bit of background:
we moved into a property (private rental) which we thought was perfect, previous tennants told us all was great bla bla bla.. lived here for 2 months and the windows let air through them.. i sit watching TV at night and the breeze hits my face.. i lay in bed and the breeze hits my face.. my daughters room is 10 degrees within 30 minutes of the heating going off.

i put the heating on for 2 hours per day and it costs us over £30 a week in gas. we brought heaters which use loads of electric. boiler is 25 years old although deemed as safe by certificate it is crap and very unefficient (also told this b ythe plumber who did the gas safe test)

anyway we put all this to the landlord who said he wont do anything about it and if we wanted it to change we would have to pay for it, we wont pay money on a rented out atall as we may not live there forever.

its gone on and on and now the landlord told us it would be best if we found somewhere else to live and move out, we agreed and have found somewhere and given notice.

what i want to know is.. should we tell any potential tennants about the problems we have had with this house, and if we do can the landlord refuse to give us our deposit back??

OP posts:
LIZS · 29/12/2010 13:20

I would respond factually if asked ie. they may ask about bills and repairs but no they cannot withhold deposit money without substantiation of damage.

DisparityCausesInstability · 29/12/2010 13:42

I'd probably leave all the windows open and make it seem worse to prompt them to ask the question. I wouldn't wish having a greedy landlord on anyone.

ShowOfHands · 29/12/2010 13:54

Be honest and factual. Don't get into any long descriptions of dealings with the landlord.

Say how expensive the gas is to heat the room, point at the windows, simply state the landlord is aware of this. They'll draw their own conclusions.

Our last house was exactly the same. Gaps round the windows. Landlord would not replace. One window fell out in the end and he did replace it but it took him 8 weeks (was boarded up for all that time).

We were v honest with potential tenants but only with the facts, nothing else.

bibbitybobbitysantahat · 29/12/2010 14:04

Presumably your deposit is held in the rental deposit protection scheme, and not in the Landlord's bank account?

In that case I would tell any potential new tenants everything. Not nice for them to be duped in the same way you were.

(Only one n in tenant, btw)

ShowOfHands · 29/12/2010 14:06

Oh yes, ours was held in the protection scheme whatsit, accessed by the lettings agent. And you can dispute anything they try and deduct unfairly.

natknickersinatwist · 29/12/2010 17:45

its not in a scheme no, not as far as i am aware anyway.

i think we are going to tell them when we are asked.

apologies for my error in tenant

bibbitybobbitysantahat · 29/12/2010 18:32

Nat, if you rented the property within the last three years (maybe longer ago, I can't remember exactly when the Act came into force) then by law your deposit should be in the scheme.

Do you rent directly from the LL or through an agency?

TheHeathenOfSuburbia · 29/12/2010 18:34

If you moved in later than April 2007, your deposit has to be in a protection scheme or your landlord is in trouble. This should mean he can't withold your deposit unless you have caused damage etc.

I would very much mention to potential future tenants the problems with insulation/heating; if the LL can't be arsed to sort this out, then that should be reflected in the rental cost.
After all, if you were looking at two flats with the same rental per month, but one cost £100 to heat and the other £300, that would make a big difference to your choice, wouldn't it.

TheHeathenOfSuburbia · 29/12/2010 18:35

Tsk, always with the x-posts from my slow typing....

natknickersinatwist · 29/12/2010 19:33

hmm i see, we rent privatly with a landlord, i will have to make sure it goes in a scheme on our next rental.

i guess i will just have to tell them the truth, i would hate someone moving in and being in the same position as we are in especially with a baby.

thanks for your help

bibbitybobbitysantahat · 29/12/2010 19:39

Nat, if you have any trouble getting your deposit back from the Landlord then don't give up on it. If your deposit is not in the scheme then he has broken the law. You can go to Citizen's Advice for help.

lalalonglegs · 29/12/2010 20:52

I think there is a #5,000 fine if he has not registered your money with the scheme - ask to see a certificate or for details of the particular scheme he belongs to. You will also be due compensation if he has not registered your money.

Re: should you tell the next tenants? it is now also illegal not to show an energy certificate when marketing a rental flat so tenants should be able to see for themselves how badly insulated and inefficient the flat is (again, fine if one is not available).

BelaLugosiinStripes · 29/12/2010 21:40

further info here

natknickersinatwist · 29/12/2010 21:43

okay,

i think i have some ammunition, so he can be fined if the deposit is not in a scheme, and he can also be fined for not having the EPC, is this correct?

he was quick to tell us to find somewhere else when we made complaints about the heating and the breezyness of the house, so i have a feeling he is going to try and be awkward with us.

officially our notice runs out on the 22nd january, however because we are so fed up (and he is i presume also fed up) we have asked him to allow us to leave on the 15th January which is when out rent is paid upto as of now. we want to avoid owing him rent and just have done with it. unsure how it will pan out just yet.

its all going to be so rushed, his "help" is effing useless and just twists my words back to the landlord.

he has buggered off abroad and is not contactable untill 6th january, so weve given notice in his absence (sp?)..he comes back into the UK on the 13th Jan, god no's whats going to happen

i just want to leave!

gregssausageroll · 30/12/2010 07:58

Deposit scheme is only legal in England and Wales as far as I know so it won't matter if you are in Scotland or Ireland.

natknickersinatwist · 30/12/2010 10:45

im in england

GreenButton · 30/12/2010 14:45

He should also have a gas safety certificate

GreenButton · 30/12/2010 14:48

For appliances that run on gas such as boliers. I've got a feeling landlords can be fined if don't have one done each year.

GreenButton · 30/12/2010 15:09

Yes, I should read all OP! Blush

superv1xen · 30/12/2010 15:13

yes.

tell them.

fucking arsehole landlords like this make my blood boil. hope the tight bastard never finds another tenant for his shithole as long as he lives.

TDada · 30/12/2010 15:15

tell them especially given his attitude, lack of concession/care

plupervert · 31/12/2010 13:22

Aren't there Council schemes, for approved landlords/properties? I think I remember reading about something like that on MN.

If so, definitely get the property "registered" with them as an ice-box!

If not, leave the heating off for viewings, and leave curtains open so the gaps are visible.

Good for you, trying to do better by potential "successors" victims than you were done by!

I agree re: the deposit scheme. It is illegal not to have the deposit protected, so you do have protection, whether through the scheme or through the law.

plupervert · 31/12/2010 13:41

This is what our council offers for private tenants:

www.lewisham.gov.uk/Housing/PrivateHousing/PrivateTenants/

and

www.lewisham.gov.uk/Housing/PrivateHousing/HousingGrants/

You see, the feckers might have had a Housing Grant to help them acquit their responsibilities to you.

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