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Original poster

Any ceiling experts? Cracked & LL blaming us

18 replies

Sleepsforpeeps · 08/06/2017 10:08

We live in a rented house built c1950 which has subsidence damage throughout. LL came for an inspection last week and is accusing us of causing this ceiling crack under loft, she suggested a foot had been put through it and is insisting it wasn't there when we moved in.

Checked in loft and the floor boards and insulation above it are in tact so seems unlikely to be her explanation. I'm pissed off with her attitude (mainly calling me a liar) but fairly sure she can't make us fix it.

Just wondering if anyone has had a similar 'bulging' crack appear? I presumed water damage but insulation above it is dry.

Any ceiling experts? Cracked & LL blaming us

OP posts:

wowfudge · 08/06/2017 10:17

Take photos of both side, date stamped. She is trying it on. The LL has photos of the perfect ceiling as part of the inventory agreed when you moved in? No? Thought not. She can forget claiming that is down to you. It will be something she just hasn't noticed before.

Kokusai · 08/06/2017 10:19

Wjat @wowfudge said. Make sure you take photos of the intact loft as well.

Ask her to pruduce the date stamped photos from the inventory.... that you signed. Then tell her to do one. She'll never get a deduction for that through arbitration with deposit protection.

Original poster

Sleepsforpeeps · 08/06/2017 10:23

She says she's going to check inventory next week (her friend did it) but I'm positive there's no photos and there so many cracks throughout the property I can't imagine every one is documented.

We had a falling out a couple of weeks ago and since then it seems she's out to make our life as difficult as possible, she's a first time LL and has only just started to get in contact with is dorect, rather than though above mentioned friend. I do worry she's leading up to giving us notice so I'd trying to find excuses 😢

Baby due in a few weeks so it's stressing me out more than it would normally.

OP posts:

Original poster

Sleepsforpeeps · 08/06/2017 10:25

So many typos sorry! Lack of sleep is getting to me....

OP posts:

specialsubject · 08/06/2017 10:33

Tell her to prove it.

Check your rights from how to rent and if she is captain clueless, write her a polite letter reminding her of them.

Was the inventory dated and given to you on check in? Were you given time to raise any queries on it?

Original poster

Sleepsforpeeps · 08/06/2017 11:33

I can't find a copy of the itinerary but may have taken a photo of it, l'll check that over the weekend, I'm sure we were given it to check, sign and send back. This was nearly 2 years ago though so I'm a bit fuzzy.

I'm torn between wanting to tell her where to go, and trying to please her so she won't kick us out. I went into this a bit naively as it seemed to be quite a casual arrangement through her friend (who is a friend of MIL), as in 'oh this house has been empty for 2 years I'll check with owner to see if she'd consider renting it to you'.

I probably didn't put every single thing down on itinerary as there were so many small cracks/faults with the condition of the house. Could come back to bite me!

OP posts:

BrightBlueStar · 08/06/2017 11:35

Ffs landlord blaming tenant for a crack in the ceiling!!! I've heard it all now! Of course she cant charge you for this, so dont stress about it.

Original poster

Sleepsforpeeps · 08/06/2017 11:46

Yeah I was fairly sure she wouldn't be able to do anything, I hate confrontation though and stress too easily so getting myself in a flap. I really do feel she's just ramping up to get us to leave, I'm aware she's wanting to sell the house once some major works are done (probably not finished until nearer the end of the year) but I presumed, because she's came back saying she can't afford to fix this/that etc, that she'd need the rental income so keep us on until it was sold, -which will probably be years because of the state of house-.

We love it here and were initially planning to buy it after a couple of years, but apart from the fact we'd never get a mortgage on it because of the previous subsidence, I think we'd have to sink at least £100k into it to fix issues thatve been ignored for years.

OP posts:

specialsubject · 08/06/2017 12:19

IF she has a signed inventory, and IF she has protected, your deposit, it is for her to prove that you caused the damage, to the satisfaction of the deposit arbitration judge. Not for you to prove that you didn't. Don't worry.

the place cannot be sold with you there except to another landlord. So if she is serious about selling, she needs you to leave first. It doesn't sound a sensible buy for anyone, happily that is not your problem.

you could set up a fixed term tenancy which means you are there for as long as that lasts. If you want to and if she agrees.

peaceout · 08/06/2017 12:23

The LL is bullying a heavily pregnant woman, she sounds like a piece of work

Original poster

Sleepsforpeeps · 08/06/2017 12:46

Thanks for replies, the deposit is secured as we've had a letter confirming this (from where it's being held) and I'm sure she'll have signed it as everything else was above board etc. I didn't realise she would have to evict us before putting on the market, although it was previously for sale for over 2 years before she eventually took it off due to sale falling through because of the subsidence, so she may well want to take more rent before trying to sell again.

I think I feel a bit indebted to her because our previous LL was selling his house so we got notice to leave (after only being there 5 months 😡) and although she hadn't previously wanted to let the house out, she agreed. Although I'm aware that was completely her decision and I'm not responsible for it.

We are also paying about £150 a month less than we probably should for the size of this house - we were told this was because of all the works needing done to it which would cause us disruption. Which is fair and we've had to put up with a lot of disruption (which will continue while pregnant and with a newborn). But I'm a people pleaser so feel I should be grateful.

I'll sit tight and see what she comes back with next week after checking the inventory, I'm not as panicked now after reading these replies so thank you!

OP posts:

Gingernut81 · 08/06/2017 12:53

She'll have to provide a lot of evidence to keep any deposit money so don't worry. We had a tenant who left our house in a mess and we were the ones having to provide all the proof. Whilst the deposit company kept back some of the money we didn't get what it cost to rectify what they'd done. Try not to worry and if she keeps hassling you keep a note of it too, just in case.

Ciderandskatesdontmix · 08/06/2017 12:54

She doesn't have to evict you before putting the house on the market! The house can either be sold with you as sitting tenants to another landlord or it can be sold privately, but she would have to serve you with the appropriate notice before exchange of contracts can be completed.

ChocChocPorridge · 08/06/2017 12:59

On a practical note, I agree that looks like water damage - is that an external wall? Perhaps it's coming in at the wall/ceiling join so the insulation above could still be dry?

Not that this is your problem at all. She'd have to prove that the ceiling was fine before you moved in, and reasonably prove that you caused the damage - but from the sounds of it, that's going to be pretty much impossible. I've dealt with the deposits people both as a landlord and a tenant, and they've been very fair both times.

Original poster

Sleepsforpeeps · 08/06/2017 13:11

Luckily all exchanges have been via email so far so I have a record of what's being said. No it's not an external wall, however we have had water come in from a couple of other places, so it's not impossible that's what it is.

I've rented several properties over the years and never had issues or accusations at all, always received full deposit back without query but I have a feeling this time will be different.

Its the first time she's been in the property since we moved in, and she lived her for 20 odd years I believe beforehand so could be she's regretting having another family living here now it won't feel like her house iykwim? Not that she should be throwing around accusations regardless.

Hopefully once she realises it's not our fault she'll step back a bit...

OP posts:

specialsubject · 08/06/2017 14:00

Perhaps I wasn't clear. She can certainly market it with you there, assuming you permit viewings. What she can't do is exchange contracts unless with another landlord until you have left.
Just serving notice isn't enough because that doesn't mean you will leave. No sane solicitor will allow contract exchange with resident tenants, it needs a vacant property.

At least it is cheap.

eggsandwich · 08/06/2017 17:33

We have the same bulging cracks in our property but only in certain rooms, they have been rubbed down re-plastered had insurance company in who then got a structural engineer to take a look but know one seems to know the cause they keep reappearing and we just have to keep rubbing them down, it's a pain in the arse to be honest.

We've got no subsidence it just seems to throw any experts we have in to take look.
Did you notice the crack prior to moving in? If not the landlord may of rubbed it down and made good knowing it would come back and the blame you so you have to pay out.

Sewingbeatshousework · 08/06/2017 19:24

How bizarre eggs! She definitely didn't try to hide t before we moved in as it was quite a last minute move and she lives at the other end of the country.

Didn't specifically notice it when we moved in but there are several cracks in most of the ceilings so didn't take note of each one. Sounds like she's just being an arse and jumping to conclusions tbh.

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