Help with bad landlord

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  • SacreLao
    replied
    The landlord then said my friend had to pay for the repair. When we replied refusing a second person came the next day to see the boiler. He also didn’t say my friend had caused it and didnt say it was safe or switch it back on. He apparently told the landlord it was safe because the gas safety check said so but that check was before it was switched off for safety.

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  • SacreLao
    replied
    Ok this is the report issued by this first engineer who inspected the boiler. He apparently told the landlord that my friend had damaged the boiler but didn’t put this in the report or say it to my friend and we’ve seen no proof of this.

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  • Jon66
    replied
    Can we see the email telling the tenant to turn the boiler back on? And the gas safety certificate failing the tests, redacted of course?

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  • DPT57
    replied
    Is there a chain on the door or a bolt on the inside? Is so then the child should use it to prevent the landlord access. Also she should just not pay any rent increase at this point.

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  • KeepTheFaith
    replied
    She seems to have her own ideas of how the law works, else she is trying to convince you that's how the law works.

    You have told her she can't just write that she is putting it up without your friends agreement and your friend doesn't have to leave if she doesn't pay the increase. No need to reply any further at the moment with regards to those points.

    If she was to write that your friend is in rent arrears after the date it was supposed to go up then you reply saying all rent lawfully due has been paid and there has been no agreement to increase the rent.

    Then wait on the section 13 notice. When it comes check it has been filled in correctly, if it's done wrong it isn't valid so you can then ignore that as well.

    Alternatively you could try to end the fighting and try negotiating eg say you will agree to a smaller increase from April if she does whatever repairs need doing before then.

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  • SacreLao
    replied
    She also refuses to issue the section 13 notice that I asked for and said the rent is going regardless, although she has now changed it to the 1st April as I said the 1st March was not enough notice.

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  • SacreLao
    replied
    We have offered her 11 different dates to come and inspect, she is saying no I am coming on this date at this time. My friend has no problem with her inspecting but she wants to be home at the time and she wants me there to translate and I don’t finish work until 5pm. We have asked her to come at 5.30 and she has said no. She is deliberately trying to ensure that my friend who speaks almost no English is alone.

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  • leaseholder64
    replied
    The tenant would be in breach of their obligations. The landlord's remedy would be to start eviction proceedings for breach of covenant. However, if a reasonable alternative time had been proposed, I don't think the court would grant possession as a result.

    On the other hand, from the other side, a tactic used by dodgy tenants, to avoid no fault evictions, is tell the council that the property is unsafe, and then deny the landlord access to resolve the problem. In that case, the advice to the landlord is to collect evidence that they attempted to gain access. As such, taken in isolation, I don't see anything wrong with the email.

    Re-reading the thread, it appears to be saying there is an unconditional refusal to allow inspection. That is not the correct response of a good tenant. Although people have a legal right to refuse entry to their home, that doesn't absolve them from liability if they have entered a contract that does say they will give access.

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  • KeepTheFaith
    replied
    From that email she isn't saying she will enter if noone lets her in. She is being vague about what she will do. In theory she could get a court order to gain entry. But if you have given her alternative times for access then this would be silly.

    Based on what she says in the email I don't think she will try to come in if noone lets her in on Monday. If your friend changes the lock then the landlord definitely isn't coming in on Monday.

    Can she take her teenage child with her to the viewing?

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  • SacreLao
    replied
    This is her latest reply. She is stating she is coming to inspect no matter what, despite me saying 4 times it’s not suitable and offering her many other dates. My friend is concerned because we have a house viewing at that time and her teenage child will be home alone and terrified if the landlord turns up demanding access but if we cancel the viewing she may lose her only chance to get out of this house. Is there anyway to stop her coming? Emails telling her she can’t and saying if she tried to get in we would be ringing the police have not stopped her.

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  • jpkeates
    replied
    It's none of the landlord's business why it's not convenient.

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  • SacreLao
    replied
    Yes this is all in emails. We do not have any contact details for the landlord other than an email address. If she does turn up and try to enter I will contact the police. She is arguing that because my friend is home from work at that time she should be in for the inspection but she actually has a house viewing then although does not want to tell the landlord this.

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  • KeepTheFaith
    replied
    Local councils are supposed to have a tenancy relations officer to deal with these sorts of things but not all have them but you could try.

    If you are getting all this in emails from the landlord then you have evidence to build a case for harassment. Also illegal eviction under protection from eviction act - police matter.

    https://www.legislation.gov.uk/ukpga/1977/43​​​​​​

    Also harassment under civil law. A legal aid (if your friend qualifies) solicitor may be able to help. It has to be considered serious enough harassment to get legal aid for it.

    You need 2 or more related incidents for harassment.

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  • SacreLao
    replied
    Great thank you.

    She has now also said she wants to inspect the property (for the first time in the 3 and a half years my friend has lived there). She has given a date and time and said she is coming then and that if no one is home she will enter anyway. We have replied refusing the inspection and reminding her that entering without permission is a criminal offence.

    We are going to ride this out while searching for another property.

    Is there anyone to report this landlord to to prevent her doing this to someone else once my friend leaves?

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  • KeepTheFaith
    replied
    The landlord cannot increase the rent without your friends agreement so at this stage you can just ignore the supposed rent increase. It only exists inside the landlords head! I wouldn't bother explaining to the landlord that she has to use a section 13 to increase the rent. You are not the landlords solicitor so don't need to help her to increase the rent. Let her find out how to do it legally herself.

    Call the police if she changes the locks.

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