Really Really Need Help and Advice

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Really Really Need Help and Advice

    Moved into a ground floor flat on the 11/05/08 Tenancy agreement was fixed for 6 months on an “Assured Short hold Tenancy Agreement under part 1 of the Housing Act 1988 as amended by the Housing Act 1996
    Agreed Rent was for £425.00 plus a deposit of £425.00 which was to be placed into DPS scheme.
    Points I made at the time of moving in were as follows:
    1. Tenancy Agreement said about an inventory but as yet I have never been given a signed Inventory and the goods that belong to the LL have still not been removed from the Garage as promised.
    2. Notice that the Tenancy Agreement Stated “Title and power to enter this agreement and has obtained all consents necessary to enable the landlord to enter the agreement including consent of lender “I asked if this was all above board and could she supply details. This was promised but nothing has ever arrived.
    3. In the Tenancy Agreement there was a clause saying I had to abide by the head lease but no details were given even though I had asked for them.
    3 months into the tenancy agreement I was advised by the LL that a letter had been received by the management company demanding a payment of £375.00 for “Service Charges” The land lady explained to me that in the Terms of my contract it states “to pay all outgoings charged or imposed on, or payable in respect of the property or charged or imposed on, or payable by the owner or occupier of the property; and

    The cost of all electricity, water, gas and oil consumed and cost of all telephone calls made at the property during the tenancy together with any rental or standing charges levied by the appropriate authorities and the television licence fee and the maintenance/support charges, cable and satellite charges where applicable"
    I argued with her and quoted from the Tenancy Agreement where it states LL Obligations “to pay all rates and taxes assessments and other outgoings which now and hereafter become payable in respect of the property except those that are the responsibility of the tenant"
    The basic answer I was given (because the LL has a Law Degree) I had accepted “legally in writing to accept all charges in relation to the property and as I was enjoying the use of “communal areas” it is only right that I pay. I could always end the tenancy if I was not happy but I would have to pay for the full 6 months that I had agreed.
    Anyway I had to put up and shut up till the end of the 6 months. I got a letter “Amendment 2 enclosed extending the Tenancy agreement to sign and return (never got a copy back) everything went quiet and I just continued paying making sure the place was spotless for her inspections every 3 months. Then I lost my Job in November we had a meeting and she advised that she did not wish people on DSS living in the property and that she would use my deposit to pay for 1 months rent to give me time to look for a job in the mean time she would renew my agreement on a monthly basis which never happened
    I did find a job so everything went back to normal I got a letter of “Amendment 2" Dated 20/05/10 and it was to backdate my agreement to 21/03/10 to 21/09/2010 which I have not signed because in the letter she has stated that as her service charge has double so to must the rent and now the rent is £510 to include service charge”
    I complained about repairs not been completed the outside lights are not working the intercom system is not working the doors keep jamming and she will not respond to my complaints not surprising as she has not paid the fees.
    3 weeks ago I had to leave work due to ill health the wonderful “Big C” has been kicking around my body and I have been told that I may have to go through chemo told landlady that I have made a claim for housing benefit and they will only pay the rent not the service charges as they have said I should not be paying them. I rang up the management company who were not aware the property was been rented out now it appears the mortgage company don’t either as the land lady told me she is not on a buy to let and that’s why she is not happy about me claiming benefits.
    Because of all this I am afraid I will become homeless and there seems to be very little help or advice available what I am want anyone out there to do is give me some sound advice about what I should do and what action if any I can take what I seem to realise is that I have been stung and very little chance of getting my money back. I also have the management company knocking on the door demanding £1500 for non payment of service charge but when I tell them that I have paid the landlord they have told me they have got nothing from her and they are writing to her lender.
    I’m so bloody confused and just need point in the right direction sorry for taking all the space up just want to get as many facts down as possible especially with dates not adding up and someone telling me because of the gap I am actually on a periodic tenancy agreement
    I have wrote to her asking for a statement detailing the charges what they are for and what I have paid but someone has advised me that it’s none of my bloody business it’s up to her if she pays the money or not. I always thought that if you gave money to someone for something specific if they spent it then it was theft but I could be wrong
    So ladies and gentleman any help would be really appreciated right now
    Thanks in advance

    #2
    Get yourself down to the local CAB or Housing Advice/Aid department usually located within your local council's housing department.

    They are best positioned to give you the help you need. Tell the landlord and management company you are seeking legal advice and not to persis in bothering you for two weeks to allow you to do this.

    You cannot be evicted without a court order and that is clearly some way off yet.

    Comment


      #3
      Thank You

      Have seen CAB they were quoting things like "Misrepresentation Act" to me and also advising me that I should be informing the tax man. In all honesty as much as I am upset I do not want to get anyone in to trouble with the tax man or the law I just want to know what my rights are. I'm going through to much as it is with posible cancer to start fighting through courts unless I really have too. I think somewhere it does state that i am supposed to enjoy peacful quiet. The only one peice of advice from CAB was that there was some terms in the agreement that could be classed as unfair but only a Judge can decalre something unfair and as I don't know any Judges in my Social Circle I'm a bit stuck but thanks for taking the time to help much appreciated.

      Comment


        #4
        I am sorry, I can't give you much advice, however I would ask - do you know if your deposit was ever put in a protection scheme?

        Providing it was, this is the only process the landlord can use to evict you...

        They serve a section 21(4)(a) notice giving you a minimum of 2 months notice of requiring possession.

        You don't have to go at the end of the 2 months, it just means they can then apply to the court for a possession order. This will take 4/6 weeks to organise, and you will be given at least 2 weeks notice by the judge. If you do not leave when the judge says you should - the landlord will have to employ court bailiffs, which will be a minimum of another couple of weeks.

        Did you sign an inventory? If not, don't worry about the lack of inventory. When the time comes to go, the landlord will have to justify to either an arbitrator or a judge any deductions he wants to make from your deposit. Without proof of the condition of the place when you moved in, he will have great difficulty proving you caused any damage.

        Comment


          #5
          Thanks for message

          Just to make clear the landlady took my deposit out of the scheme to pay for a months rent while I was unemployed this has never been placed back in to a scheme.

          Someone has spoken to me tonight and asked if I am allowed to contact the landlady and ask her to prove she had permission to rent and also to ask why I have not been given an electric safety certificate. The advice I seem to be getting is to make things as difficult as possible but I'm not really that sort of person.

          I just feel really sick to the stomach that there is the odd bad apple in the cart. I know there is a lot of good landlords out there just wish I had one at the moment.

          Also I have never signed or seen an inventory it just states it in my tenency agreement
          Last edited by hudson101; 15-07-2010, 19:32 PM. Reason: Added Text

          Comment


            #6
            Originally posted by hudson101 View Post
            Just to make clear the landlady took my deposit out of the scheme to pay for a months rent while I was unemployed this has never been placed back in to a scheme.
            How did she get the money out of the scheme? I am pretty sure she could only do this with your permission. If that is the case, then there is now no deposit so it wouldn't affect the validity of a s21.
            Someone has spoken to me tonight and asked if I am allowed to contact the landlady and ask her to prove she had permission to rent
            You can ask - she has no obligation to tell you
            and also to ask why I have not been given an electric safety certificate.
            This is not a legal requirement.

            Comment


              #7
              Originally posted by Snorkerz View Post
              How did she get the money out of the scheme? I am pretty sure she could only do this with your permission. If that is the case, then there is now no deposit so it wouldn't affect the validity of a s21.You can ask - she has no obligation to tell youThis is not a legal requirement.
              The DPS sent me a letter asking if I accepted that my tenancy had ended and if i was in agreement they would send the funds into her bank account as requested. I sent the letter back accepting the terms as I really had no choice.

              “Title and power to enter this agreement and has obtained all consents necessary to enable the landlord to enter the agreement including consent of lender “

              You can ask - she has no obligation to tell you. I can understand that my concern is that it's a big statement to say something like that and not be able to prove it. If I had known she did not have permission I would not have signed the agreement and I can't believe a lie can be in writtting and nothing can be done about it. Yet if I lied to her I would have breached any number of terms.

              the EPC I thought this was law that i had to be given or at least shown a energy performance etc

              Comment


                #8
                Originally posted by hudson101 View Post
                Yet if I lied to her I would have breached any number of terms.
                TBH you may have breached terms, but that wouldn't necessarily mean that the landlord could do anything about it either!
                the EPC I thought this was law that i had to be given or at least shown a energy performance etc
                It has to exist and be show IF REQUESTED. If it didn't exist, the local council can prosecute - but the fines are not huge and, from what I understand, councils tend not to be too interested in this euro-imposed requirement.

                Comment

                Latest Activity

                Collapse

                • Reply to Tenants possessions left in abandoned property
                  by MR M
                  I did consider approaching a Tracing Agent to try to obtain the Tenant's current whereabouts or updated information about them but the feeling is that it is not worth initiating this yet as its too soon. They may not show-up as having set-up elsewhere yet or have generated updated information about...
                  22-09-2020, 14:10 PM
                • Tenants possessions left in abandoned property
                  by MR M
                  The tenancy is a statutory periodic tenancy after the original AST ended. The tenant has rent arrears and a S21 was issued around 3 months ago. There is no deposit and an EPC, gas safety certificate and how to rent guide were all issued previously to the tenant.

                  I believe that the tenant...
                  16-09-2020, 10:03 AM
                • Reply to Renovation/Improvements vs Repairs / Maintenance
                  by newtenant9011
                  You can prevent the landlord from entering, as you have a right to quiet enjoyment, you can even replace the locks if you would like.

                  In turn, the landlord could issue you a section 21 notice, but the notice period is 6 months currently plus the court backlog.
                  22-09-2020, 14:08 PM
                • Renovation/Improvements vs Repairs / Maintenance
                  by thesleepingdog
                  Hello,

                  I am having A LOT of trouble with my LL who is continually asking to carry out improvements on the property. It is literally nonstop and it has got to the stage where I am utterly fed up and want to leave.

                  During my tenancy he has replaced all the windows in the house,...
                  22-09-2020, 13:22 PM
                • Reply to Rent Rises in 2020
                  by DPT57
                  In my part of London there is no market justification for rent increases and imo increased individual landlord costs is not a reason to raise them....
                  22-09-2020, 14:07 PM
                • Rent Rises in 2020
                  by jpucng62
                  I cancelled all my annual rent increases when Covid hit. Since then some people have really suffered financially and others haven’t. In addition LHA rates have increased substantially for anyone needing support which appears to have had the knock on effect of increasing the rent of properties now...
                  19-09-2020, 17:48 PM
                • Reply to Rats
                  by ChrisDennison
                  These are very interesting comments, one of my councils (South West) told me they had to stop these services unless in public areas.
                  22-09-2020, 12:35 PM
                • Rats
                  by ETB
                  I have a tenant who has reported that he can here rats in the walls and ceiling of his 4th floor apartment. He says there are other complaints on the tenants facebook group. I have messaged the maintenance company (Name removed) but they are not replying. Just wanted to check who is liable, I'm assuming...
                  21-09-2020, 22:15 PM
                • Reply to Rats
                  by Berlingogirl
                  I contacted my council and the rat man came out a couple of hours later with a T shaped tube thing full of blue grain which he put behind some bushes in the garden. It was free. I've not seen any rats since but the blue grain is going down. Apparently slugs and mice will also eat the bait....
                  22-09-2020, 12:22 PM
                • Reply to Call to courts to initiate reactivation
                  by Jon66
                  You can send the information to court quoting the case number and ask them to include it in the bundle. If it's a mandatory ground the information will make little if any difference to the outcome.
                  22-09-2020, 12:04 PM
                Working...
                X