Potential unwanted sharer, LL being unreasonable?

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  • #16
    Nukecad, I think it is your blind spot.

    In 'Room by room' rental HMO's inevitably the landlord vets the tenants. I think you have been blindsided by the fact you all knew each other when you moved in and the rather informal nature of how things have been.

    If you want to vet the new tenant, request a joint and several tenancy for the whole place and the inherent danger 'joint and several' brings. (including the cost of the room void which the landlord has so far sucked up).

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    • #17
      Update to this,

      I received an email at 4:30 yesterday "Are you still interested in the property at ****** that you expressed an interest in last month? If so please contact me on *****".

      She is not in the office today, but it looks like I am being offered a flat not far from where I am now. Easy walking distance.
      Decent flats in a nice quiet cul-de-sac.

      After only one month on the housing list with no priority, and no I haven't been evicted.

      I'll let you all know how it goes.

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      • #18
        Well, today I have been offered that flat I mentioned last week.

        Its a one bedroom, ground floor flat, in a quiet cul-de-sac not far from where I live now.

        It's actually the first property I put a 'bid' on, the first day I was registered on the housing list.

        There's a couple of checks they need to do - proof of ID, proof of income, talk to my current landlord, etc.
        But that's no problem, they do things pretty quickly once they get moving.
        I'm told that I should get the keys on Thursday to give it a viewing, and keep them if I'm going to accept the offer.
        (TBH I'd be mad not to accept, unless there is something seriously wrong with the structure. I even already know most of the neighbours).

        I'll probably take a walk round later today to take a look at it from the outside.

        I'm pretty surprised myself to say the least.

        Just over a month on the social housing register, band D+ ('low need'); and I get an offer of a ground floor flat.

        I expected it to take a lot longer than that.

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        • #19
          And another update:

          The offer of the flat has been withdrawn.

          They were ready to give me the keys, all checks had been fine.
          And then my LL said to them that I have the equivalent of 20 weeks rent arrears - from 2011.

          It's the first I'd heard of it and it's bloody ridiculous, 20 weeks rent arrears from 6 years ago and not evicted but still here?

          I've now found out what he is refering to and it does not show any rent arrears at all.

          It's an draft, unfinished, spreadsheet that I started doing for him as a favour in 2011 showing rent paid for all 3 tenants in this HMO.
          It was never finished.

          It shows expected total rent against tenant receipts held for a 38 week period.
          Because of the ways rents were collected one receipt total would often cover all 3 seperate rents.
          One of us would collect all three together and take it to a local takeaway run by his relative.
          (Yes I know but we were clueless about rental legislation at the time, the other guy in the HMO still pays his rent weekly this way).

          There were 7 receipts held by the other tenants that were not included in that draft, and so of course the unfinished spreadsheet shows a large shortfall in the total expected rent.
          It's this shortfall in receipted payments from all three tenancies that he is claiming is evidence of my having rent arrears.

          I'm bloody furious.
          I can prove that what he is saying is ridiculous and that there is no evidence of rent arrears at all, just some receipts (from other tenants) not included on an unfinished spreadsheet.
          (And he doesn't have his own receipts or payment records from that time, the ones we got were carbonless copies,that is one of the reasons I was doing the spreadsheet for him).

          But for now they have just taken his word for it.

          It's all going to take time to sort out now, and in the meantime I have lost the offer of that flat and have no chance of applying for.

          I'm not sure at all just why he has done this. (Except maybe he doesn't want to lose my direct paid HB payments).

          If the council get involved and start investigating they will find he has not been complying with legislation.
          To start with:
          Weekly rent, paid in cash, scrappy receipts (even some on post-it notes for gods sake), no rent books issued (LTA 1985, as ammended, Reg.4).

          I don't know what the penalties for not providing a weekly rent book would be.
          But I'm pretty sure if it goes this far then the taxman may also get involved, asking questions about where the rent paid in cash has been declared.
          Not just for this property but for all his rental properties.

          As you can imagine this has not done much for Landlord/Tenant relations.

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