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LL selling flat - what's our obligation?

63 replies

TheFantasticFixit · 26/01/2014 23:35

Our (private) landlord, who is fairly decent has decided to out our flat on the market.

OP posts:
TheFantasticFixit · 25/02/2014 17:34

Thanks all - Renter that's really handy info, cheers.

Special - yes, we ended up giving a month notice in writing on 24th Jan because we hadn't wanted the hassle of the viewings etc (not that that stopped him!). The end of the tenancy was yesterday, 24th Feb. He acknowledged the notice received in writing by reply to our email. The focus since has only been on his sale, to be honest we've been treated as an irritation s opposed to a commitment that comes with obligations!

Despite the tenancy ending on 24th formally we had the opportunity to move earlier and so did so on 13th. We let him know it would be 'vacant' from then, although I reminded him that as our tenancy didn't end until the 24th we would store a couple of things there and would need to be kept informed of visits to the flat by himself or the agents as per the contract. The LL, it transpired, did not have a deadlock key for the front door and so after we had moved out, he asked that we give one set of our keys to the agent in order for the property to be kept secure, which we did (a 2 hour to hand trip, we must be mad!)

Neither he, nor the agents, informed us of any visits to the flat from 13th to 22nd, when we were at the property and the agent let themselves in whilst we were there with a couple of prospective viewers!

With regards to the deposit, when we moved in I had to remind him that it needed to be protected and it was put into a scheme. We have the paperwork for that. After a couple of weeks, he finally sent an inventory and asked us to sign it and return, which I didn't as it hadn't been done in our presence. I did email him to say that the oven was not clean when we moved in and o we would return it in the same state.

He is proposing to do the inspection on Saturday and won't budge on that. He has conceded that one of us needs to be there (my DH, as I will be a week away from ELCS!) now, and has said he is 'happy' for us yo hand over the keys in person if that's what we wish to do.

There may be two issues, on of which we are willing to pay for and that is a broken socket case. I think he will want to charge us for carpet cleaning but if he has allowed people to access the flat without our express agreement can he do this? There are number of marks on the carpet from wet, dirty shoes (the agent revealed they did another open day on 15th so I suspect it's from then). I know the odd mark on the wall is wear and tear, and the property was unfurnished so there's nothing yo worry about on that front.

Sorry for the essay! Your help is massively appreciated.

OP posts:
specialsubject · 25/02/2014 17:45

thanks for the update, it all sounds good. He received the notice so there's no arguing about that and your rent payments have now stopped.

any arguing about the deposit, just raise a dispute - you'll be fine. BTW a replacement socket is about £2 and it takes 10 minutes to fit. :-)

TheFantasticFixit · 25/02/2014 17:55

Thanks Special. Your posts are super helpful and reassuring, I really appreciate it. Hopefully there will not be a need to resort to a dispute but I'm not convinced!

OP posts:
HaveToWearHeels · 25/02/2014 21:32

OP get your husband to turn up a bit early for the inspection and change the socket before LL gets there, very easy job to do.

specialsubject · 25/02/2014 22:04

Smile I am a landlord and those who do it wrong give the rest of us a bad name.

as someone has pointed out elsewhere, it is a business which means service and standards.

HaveToWearHeels · 26/02/2014 08:52

here here special really winds me up when we all get tarred with the same brush !

TheFantasticFixit · 02/03/2014 18:09

So - update:

End of tenancy check took place on Saturday with DH there. Landlord was early so DH couldn't get in beforehand to change the socket. All agreed to be fine but socket is now a big issue. LL wants (sucks teeth) £200 for it. He reckons it is going to come up on his buyers survey on Wednesday. Will not refund deposit (despite 10 day rule) until the buyers survey has taken place and decided whether it is an issue or not. He wants to call an electrician out to change the socket 'due to live wires', but given there are issues in the flat with damp around light sockets etc I suspect that he will use the callout to do other work in the flat that is needed.

No quotes for work/call out fees have been provided to us. No dispute registered as yet by LL with the TDS.

DH has since arranged with the LL to go to the flat tomorrow and replace the socket - just had a sniffy email from the LL absolving himself of any liability - ie of electrocution etc and telling us to accept 'liability' that if it's not done 'properly' then we will pay to have it fixed.

Any advice? DH seems to think it's just a quick job of replacing the plastic cover and screwing new one? Or would we be better off just disputing the £200 with the TDS?

OP posts:
specialsubject · 02/03/2014 18:31

bloody hell.

don't do any work and do not return to the house. Raise a dispute yourself with the TDS, who will tell him where to go.

it does NOT cost £200 to get an electrician in to change a socket!!

specialsubject · 02/03/2014 18:35

ok, to be accurate the TDS will follow their dispute procedure but I really cannot see them awarding him this much even if they decide in his favour.

you can do it all online and all the info is there.

yes, it is indeed a quick job as your partner thinks, but it is definitely time to step away now given that the LL does appear to have gone even more bonkers. Keep your photos and all documentation.

how boring!!

caroldecker · 02/03/2014 19:05

It is only an issue if you admit it - there was no initial inventory, so he hasn't a leg to stand on.

From renternomad's link above:

What happens when you don't have an Inventory?
There have been a number of decisions by adjudicators under existing voluntary schemes which show that unless you follow these rules there is little or not chance of you recovering anything out of the deposit for damage. In any case, you must remember that a deposit will not cover fair wear and tear.

Likewise, decisions by District Judge in County Court small claims have also shown that unless you follow these procedures exactly, it is unlikely that you will be awarded any part of the deposit to make good any damage.

It is common for a tenant to claim that the damage already existed when the tenancy started. Unless you have proof of the state of the furniture/property at the beginning in the form of a properly prepared and agreed inventory/condition schedule you are unlikely to succeed

HaveToWearHeels · 02/03/2014 19:25

The man is an arse. I have changed all the sockets and light switches in my house from standard white to chrome, takes about 5 minutes a socket and I very much doubt he would even get an electrician to do the job, it wouldn't be worth their while. I doubt it would even come up on a survey. Raise a dispute and no longer communicate with this man.

TheFantasticFixit · 02/03/2014 20:41

You've confirmed my thoughts regarding the TDS, however, DH has just had a quote for £50 for an electrician to go with him tomorrow and sort it out. At least it would be done and there would be a receipt for the work. What do you think?

OP posts:
caroldecker · 02/03/2014 22:07

Personally i would deny anything and get your full deposit back - he hasn't a leg to stand on

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