9 months into contract, LL says not paid enough each week and wants backdating.

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    9 months into contract, LL says not paid enough each week and wants backdating.

    This is for a friend, if you see the other thread I made for him you can see he is having serious problems,

    He moved in start of September 08, was told rent £50 signed contract saying this but never got copy(I never got copy of my contract for other room in house too) My friend gets Disability benefits so gets HB paid, on the proof of rent form the landlord put that the rent is £50 a week and council tax is included.

    My friend has just been contacted saying that he has been underpaying since he moved in, his rent is £55 a week and unless he backdates it he will be evicted as all they need to give is a weeks notice to move out at any time. At the same time he says since the other tenants are students my friend is responsible for council tax bill but he was never awarded CTB since the landlord put down it was included!

    At the same time I was living here and with similar problems, I was told rent was £50 then £60 but found out im the only tenant out of 20 tenants who is paying £60 a week, everyone else is paying £50 even though they have bigger rooms and the landlord claims both me and my friend are months in arrears with our rent despite me paying by standing order each week and not missing a payment(and now thinking I have overpaid since LL hasnt given me copy of tenancy agreement)

    To top it off both me and my friend have been verbally harassed and threatened with knifes by the other tenants since they are taking drugs every night and having parties after my friend got so angry he snapped and shouted at them one night to quieten down and had them kick his door which is now damaged and threaten him with a knife. And to make matters worse despite the landlord being told this they have moved the friends of these bad tenants into the house so it seems they only seem to want the cash.

    What can he/we do about the rent money problems as I thought by waiting over 9 months and taking £50 a week they had accepted that was the payment, and especially after filling in HB forms saying the rent was £50.

    #2
    Just bumping.

    Comment


      #3
      What does it say on your contract regarding the rent.
      The LL has to give you two months notice if he wants you to leave.
      post a more detailed explanation, just put the salient points.
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


        #4
        Hmmm

        Is the deposit protected and what is the amount that has been protected!
        Long term I'd look for somewhere else to live in piece and harmony. Landlord or tenants it sounds like there may be trouble ahead.

        Comment


          #5
          I'm not sure what the contract says since I only got one 6 months after moving in and it "vanished" along with some usb dongles I had and some dvds from my room when I was away for a weekend that I knew the landlord had someone in to "fix" my shower(which they didnt do anyway)

          All I know is the contract is one which runs from September to July(it runs out in a few days and LL is pestering us both to continue saying how wonderful the place is!)

          My friend is happy with his room but unhappy with the tenants and way place is run and cannot afford to move.

          Comment


            #6
            An update, both the landlord and warden have been talking about my friend again, hes quiet and rarely has music on but we both heard them saying "xxxxxx had his music on again all night" and landlord replying "I am fed up with him, we wont renew his contract and lets get him out as soon as we can"

            His contract his ended as I say but the landlord said to another tenant they didnt like they can chuck anyone out with no notice since contracts ended.

            Comment


              #7
              Originally posted by rockedboat View Post
              An update, both the landlord and warden
              What's this 'warden' bit about?
              You are still entitled to two month's notice, even then, if you don't go, the LL has to go through the courts to get you out.
              I offer no guarantee that anything I say is correct. wysiwyg

              Comment


                #8
                The landlord (LL) cannot increase the rent and claim the tenant (T) owes backdated rent. He also can't evict T with a week's notice; to end a shorthold tenancy the LL must give at least two months' notice under Section 21 of the 1988 Housing Act, by serving the T with a notice, saying when he wants T to leave. Then, if T doesn't leave, LL must take further court action to get a court order to have the T evicted.

                If LL tries to physically evict your friend, he should call the police, as this would be a criminal offence. Only court bailiffs, backed up with a court order, can enforce an eviction.

                Having said all that, it sounds like a very unsatisfactory situation, and you and your friend will probably have to accept that you need to find alternative accommodation. Next time, ensure that you have a written contract signed before you move in, and read it carefully before signing it. If you pay rent in cash, always get a receipt.

                Also, did you or your friend pay a deposit? If so, the LL is obliged by law to protect it in a deposit scheme.

                It would also be a good idea to contact Shelter for further help and advice.
                http://england.shelter.org.uk/

                Comment


                  #9
                  Originally posted by jta View Post
                  What's this 'warden' bit about?
                  You are still entitled to two month's notice, even then, if you don't go, the LL has to go through the courts to get you out.
                  The house has a "warden" who is supposed to be paid to clean every day and help with problems but spends all her time either working in a bar or sitting at home drinking or going out drinking and is a brown nose with the LL when my friend showed the spreadsheet he did showing when he paid and the amounts and the agreed course of action a few months ago she told the LL it was her idea and she made the spreadsheet, shes a """" stirrer and doesnt like me and the other guy because we have made compaints about her she has no problems however with the people taking drink and drugs and keeping people awake every night since they havent complained about her as they are too wasted.

                  Originally posted by westminster View Post
                  The landlord (LL) cannot increase the rent and claim the tenant (T) owes backdated rent. He also can't evict T with a week's notice; to end a shorthold tenancy the LL must give at least two months' notice under Section 21 of the 1988 Housing Act, by serving the T with a notice, saying when he wants T to leave. Then, if T doesn't leave, LL must take further court action to get a court order to have the T evicted.

                  If LL tries to physically evict your friend, he should call the police, as this would be a criminal offence. Only court bailiffs, backed up with a court order, can enforce an eviction.

                  Having said all that, it sounds like a very unsatisfactory situation, and you and your friend will probably have to accept that you need to find alternative accommodation. Next time, ensure that you have a written contract signed before you move in, and read it carefully before signing it. If you pay rent in cash, always get a receipt.

                  Also, did you or your friend pay a deposit? If so, the LL is obliged by law to protect it in a deposit scheme.

                  It would also be a good idea to contact Shelter for further help and advice.
                  http://england.shelter.org.uk/
                  Thats what I thought, he wants to move but hasnt got a penny to pay a deposit elsewhere and needs a van to move his stuff. I wasnt sure because they told him since it was a contract for term time i.e 9 months which ran out end of June then the terms are different than a normal 6 month lease.

                  I always paid rent by standing order and he wanted to but the warden kept "accidently" giving him incorrect details, she gave me the correct ones but thats probably because the Student Union phoned her and told her my rights, again that was probably why I got a tenancy agreement too.

                  He did pay a deposit but not all at once, £50 at first, then the odd £10 every few weeks.

                  Comment


                    #10
                    This all sounds very confused. You say you are posting on behalf of your friend, is he not able to put his own story? You obviously have some concerns, but are they really exactly as you have written them, is it possible you are embroidering the problems, just a bit? Does your autism cause you to see things in a worse light than they really are? It may be that I do not see the world in the same way as you, Autistics see things in a different way. You may well be reading things into these overheard conversations that are different to what is meant.
                    I offer no guarantee that anything I say is correct. wysiwyg

                    Comment


                      #11
                      My friend is a vulnerable person and nervous and suffers from depression and unless I do this for him he wont do anything, he is convinced that they can chuck him out whenever they want because the contracts ended.

                      My list of concerns is actually more than I said but these are the ones that are current.

                      No one actually likes the warden and I know this because we once had a power cut and she just walked into peoples bedrooms(including a guy who was naked but had to rush to put clothes on) and a girl who had to put her dressing gown on in a rush, she has a habit of claiming she cant give a receipt because she has lost the book, and the house is disgusting all the showers are blocked, floors covered in dirt, hair, old toilet rolls etc and she is always blaming someone for random faults, i,e power cuts or mess in kitchen etc. When we did complain the landlord claimed she was responsible and she never drinks alcohol as she is anti alcohol, cleans every day(because when LL comes round to visit the house is suddenly cleaned in the areas you can see but badly)

                      Comment


                        #12
                        Originally posted by jta View Post
                        This all sounds very confused.
                        Yes, but it does sound like there are valid issues.
                        Does your autism cause you to see things in a worse light than they really are?
                        Where's the bit about autism??

                        Comment


                          #13
                          Originally posted by rockedboat View Post
                          No one actually likes the warden and I know this because we once had a power cut and she just walked into peoples bedrooms(including a guy who was naked but had to rush to put clothes on) and a girl who had to put her dressing gown on in a rush, she has a habit of claiming she cant give a receipt because she has lost the book, and the house is disgusting all the showers are blocked, floors covered in dirt, hair, old toilet rolls etc and she is always blaming someone for random faults, i,e power cuts or mess in kitchen etc. When we did complain the landlord claimed she was responsible and she never drinks alcohol as she is anti alcohol, cleans every day(because when LL comes round to visit the house is suddenly cleaned in the areas you can see but badly)
                          Whether or not anyone likes the warden is completely irrelevant.

                          So, it's a place with a lot of students? Student digs? You're a student? Go and see the college advisor. Call or go and see Shelter.

                          20+ tenants in one building, yes? And LL claiming your disabled friend is responsible for council tax for the whole building? If so, tell him to get lost.

                          Comment


                            #14
                            Originally posted by westminster View Post

                            Where's the bit about autism??
                            OP mentioned it in another thread somewhere.
                            I offer no guarantee that anything I say is correct. wysiwyg

                            Comment

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