Is my landlord breaking the law?!

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  • Is my landlord breaking the law?!

    I have numerous threads where I complain about LL or other tenant, basically been there 3 months, no details of TDS scheme, no fire blanket or fire extinguisher in house(only just realised!) no locks on doors despite it being a 4 bedroom house so HMO and LL thinks he has a right to come round to show prospective tenants whenever he wants and just walks in, and one of the most annoying things as the email says is he blames us for him not letting the house due to the mess! sure my flatmate is messy but its tidier than most student lets due to me being OCD and cleaning a few times a week, their never being more than 1 bin bag in the bin at once or at back(apart from recycling which I organise myself) I feel like when the LL comes round net teling him to """" """ and not to bother entering house again and report him to council, uni and sue him anyway heres the email.

    We have received complaints from your neighbours regarding noise and rubbish from the house. This is not the first time we have had to write to you about this matter and as such we insist that the noise stops now and any rubbish outside the house in cleared up now.

    The Police have recently started a 'Policing Pledge' to deal with instances such as this (see link below) and if we have any further complaints we will have no hesitation in contacting them.

    http://www.youtube.com/watch?v=uDRfo1sTX3g

    I would also like to apologise for any inconvenience caused in having to show numerous prospective tenants around the house. Myddleton Terrace usually lets very easily because of its location and its condition. However although it hasn't been said we think the current untidiness of the house has something to do with why no one has taken it yet. Therefore again we have to insist that the house is cleaned down thoroughly within the next 5 days. We will inspect the house after this time and should we find that it has not been cleaned properly then will we employ a cleaning company to do this which wont be cheap, and the cost of which will be deducted from your deposits equally, no exceptions.

    You both have a joint responsibility for the up keep of the house and should respect each other as tenants living under the same roof, so you must address these matters jointly.

    Finally failure to comply with any of the above may result in us commencing eviction proceedings and reporting this matter to the university accommodation team and other registered landlords which will severely limit your options in finding future accommodation.

    We are sorry to take such a strong line on this, but the current situation is simply not acceptable.

  • #2
    What's your question, though: just "Is my landlord breaking the law?"? Which law prohibits a request that you comply with your Tenancy Agreement?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      Originally posted by jeffrey View Post
      What's your question, though?
      Is he breaking the law, since he mentions getting cleaning companies in and taking it off deposit and start legal proceedings(since contract ends in July)

      Plus isnt he breaking the law by having no locks? no visible gas safety certificates? no visable fire extinguishers(honestly have never seen them)

      There is no inventory so how can he claim for damages.

      Comment


      • #4
        L can bring proceedings whenever he wishes. I have no idea on what basis he might do so nor of his prospects of success.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


        • #5
          Originally posted by jeffrey View Post
          L can bring proceedings whenever he wishes. I have no idea on what basis he might do so nor of his prospects of success.
          Really? I was under the assumption you couldnt be kicked out in the fixed term which for this would be last day of June, and had to be 2 months in arrears and as far as I know both of us are paid up till start of March.

          So what are my rights? I dont like being accused of what I didnt do when I am actually a tidy person, if he thinks the place is a mess then what does he expect tidy to be?! even I who moans about my flatmate is mainly moaning about the guy leaving dirty plates on the side(and as wehave a total of 6 plates thats not many) and 1 pan and 1 frying pan and 2 baking trays and I empty the rubbish bin once a week and put it out after midnight, even my food cupboard is organised and neat and tidy!

          What about quiet enjoyment?

          Comment


          • #6
            Section 8 applies during the fixed term. Do an LZ search re grounds 8/10/11 [re rent], ground 12 [re other obligations], etc.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


            • #7
              Originally posted by jeffrey View Post
              Section 8 applies during the fixed term. Do an LZ search re grounds 8/10/11 [re rent], ground 12 [re other obligations], etc.
              Brings up a lot of results! not sure best one, so if he gives notice would it be at least 2 months? as ironically in some ways I want to leave but I thought he wouldnt let me only reason I havent is because I have a lot of stuff and its hard to find another property.

              However do you think it would be wise to email him and say I want to leave. I dont exactly want to but maybe nice to get a flat for 6 months.

              Comment


              • #8
                The Notice period is two weeks [g 8/10/11/12] but that's just until L is free to begin proceedings. Possession takes far longer than that.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                • #9
                  Ok found out the "mess" he was talking about in my room was the wardrobe! turns out he has been going inside it to show people the size of it and right now I am using my wardrobe as a place to put clutter that I am trying to sell like my old pc and loads of dvds I am seling and have a box of tangled cables.

                  Plus I could possibly understand him going through the wardrobe outside the room since that is a house shared one but that is full of boxes(though it is cluttered)

                  I thought at least going through my possessions/opening wardrobe wasnt allowed?

                  Comment


                  • #10
                    It's not; it's harassment.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                    • #11
                      But is he going through your possessions? Or just showing off your wardrobe.

                      My sympathies lie with your L. Get the vacuum out, tidy your room and live like a grown up.


                      Ask him for a gas safety certificate if you like. And as there are fewer than five in the house, he probably doesn't have to comply with the fire safety HMO requirements - depends on the council - Carlisle?

                      Comment


                      • #12
                        Originally posted by Telometer View Post
                        But is he going through your possessions? Or just showing off your wardrobe.

                        My sympathies lie with your L. Get the vacuum out, tidy your room and live like a grown up.


                        Ask him for a gas safety certificate if you like. And as there are fewer than five in the house, he probably doesn't have to comply with the fire safety HMO requirements - depends on the council - Carlisle?
                        I dont know, however I do keep my room clean apart from the one time I had an unmade bed because I am very OCD with cleaning to the point in the past people have made jokes telling me why am I so tidy as I am a student, I even had a cleaner at a block of halls 2 years ago who stopping comng to my room unless I specifically asked her as she knew it would be tidy!

                        Why do you assume the landlord is in the right instead of maybe me being the one in the right, a bit arsey of him to claim that the house hasnt been let out due to the state of it, if that was the case why didnt it let out last year fully?

                        This is the first time he has mentioned noise, and the first direct time he has mentioned the state when he sends emails about viewings he says "make sure the house is tidy" not that the house is a mess.

                        So quite strange that you assume my room is actually a mess when in my other threads I say I am always tidying up after flatmate who is lazy as if my room was really a mess why would only the landlord notice it and no guests or family or anyone really apart from him.

                        I have only been told 3 times in my life I have had a mess in my room, first was 9 years ago because the hoover was broken and so I had to brush the floor by hand, and washing machine was broken so when he came round to get rent I was handwashing stuff, and last year when I had a flat and it was dusty but clean only mess was 2 empty soft drink bottles in corner.

                        I am so OCD with state of my room I even get fussy if my posters arent perfectly straight or there is any crumbs of dirt or fabric on the floor and pick up by hand and if any black marks even when moving in I spnd hours scrubbing them out!

                        Comment


                        • #13
                          Originally posted by duomaxwell View Post
                          I have numerous threads where I complain about LL or other tenant
                          Yes, so may I suggest that, instead of complaining repeatedly, you do something more pro-active, something which might solve the problem and make it go away.

                          1. LL entering your room without your consent - put a lock on your door.
                          2. Too many viewings - consider complying with LL's request for tidiness during the viewings. Because if LL finds a new tenant, the viewings will stop.
                          3. No gas safety certificate - request in writing from LL, and if he doesn't provide one, report to either the Environmental Health Officer at the local council, or the Health & Safety Executive.
                          4. HMO safety requirements - contact EHO or HMO Licencing dept at the council and find out what they actually are instead of guessing.
                          5. Deposit not protected - write to landlord requesting details, and if he doesn't comply, seek legal advice as regards claiming against LL for non-compliance.
                          6. Untidiness of the other tenant - talk to him about it and try to find a mutually acceptable solution.
                          7. LL's email about complaints from neighbours - consider complying with LL's apparently reasonable request not to cause a nuisance to neighbours.

                          Do the above, then if it doesn't work and the problem remains, post again. But there is really no point merely airing your grievances if you continue to ignore all the advice you've been given on your many threads on here.

                          Comment


                          • #14
                            Originally posted by westminster View Post
                            Yes, so may I suggest that, instead of complaining repeatedly, you do something more pro-active, something which might solve the problem and make it go away.

                            1. LL entering your room without your consent - put a lock on your door.
                            2. Too many viewings - consider complying with LL's request for tidiness during the viewings. Because if LL finds a new tenant, the viewings will stop.
                            3. No gas safety certificate - request in writing from LL, and if he doesn't provide one, report to either the Environmental Health Officer at the local council, or the Health & Safety Executive.
                            4. HMO safety requirements - contact EHO or HMO Licencing dept at the council and find out what they actually are instead of guessing.
                            5. Deposit not protected - write to landlord requesting details, and if he doesn't comply, seek legal advice as regards claiming against LL for non-compliance.
                            6. Untidiness of the other tenant - talk to him about it and try to find a mutually acceptable solution.
                            7. LL's email about complaints from neighbours - consider complying with LL's apparently reasonable request not to cause a nuisance to neighbours.

                            Do the above, then if it doesn't work and the problem remains, post again. But there is really no point merely airing your grievances if you continue to ignore all the advice you've been given on your many threads on here.
                            Again part of that assumes I the LL is correct and I am not, I have followed up the few things I have asked before(so not much advice to work on from other threads) and when I spoke to the neighbours I mentioned that I am always telling tenant to keep it down as I need to study, and to do some cleaning and he doesnt and neighbour said they agreed with me and could tell I am the one not making a noise etc and if they have to ring LL in future they will mention that.

                            Only 1 time when the LL has been round has my room been the slightest bit messy, I am not perfect but I make an effort, in fact I have hoovered 4 days this week just my room alone and if I spill anything in any room its brushed up right away with dustpan and brush, I even keep my tv and monitor polished up and even make sure theres no creases in my bedsheets and in the living room I have everything neatly organised and even the chairs from the tables are all pushed in etc and in kithen I clean the microwave 1-2 times a week, even my complains about the other tenant most people would just tell me to calm down with.

                            The HMO issue is a bit strange so I will ask about that as the house is advertised for next year as a 4 bedroom house in fact hes still wanting tenants for the 2 empty rooms and told the groups of tenants that he doesnt have locks on the doors(so then he will be breaking the HMO laws) and I know personally or know from friends who many of the prospective tenants are and its nothing to do with the state of the house that turns them away in fact they have all said it was tidy! they said the main reasons why they dont take it are that ironically for one there is no locks on the doors(since some are mixed groups of males and females) and the rooms are different in size, one tiny room one small room, one ok sized room and one massive room and the LL wants the same price for all rooms, or that bills arent included, the carpet is so old(even I am not sure if its red or orange as its that faded) and the main concern is actually the toilet!

                            The toilet is downstairs so to get to it you have to go through both the living room and kitchen and go to back of house, really bad if you are upstairs and in the biggest room and desperate! EVERY person who has viewed the house when I was here has asked why isnt there an upstairs bathroom! so the reason it hasnt let is nothing to do with us considering the house next door also for students with another LL is grotty and £15 a week more expensive without bills and hasnt been decorated in many years but has an upstairs bathroom and rented out within a day!

                            Finally what I havent already done yet like the gas safety certificate I will ask on Monday, didnt want to speak to LL until I could write a reply that was calm and stated my legal rights in a good way.

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