Help! massive problems with landlord ...

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    Help! massive problems with landlord ...

    any help/advice would be much appreciated. Posting on behalf of my boyfriend.

    Sorry if this is a long one !

    My boyfriend has a 1 year tenancy agreement with a managing agents (LL lives and works in Dubai and boyfriend was given the impression this would be a long term let if the first year went ok)

    He took the tenancy with a friend in February and since then there has been nothing but trouble - Moved in and the boiler didn’t work, It took 3 weeks for them to fit a new boiler leaving my boyfriend with no hot water and limited heating (it was snowing at the time!) They left loads of rubbish in the back garden it took them 1 month to remove this and when they did remove it they just let them self’s in to the garden with no notice. He also has quarterly inspections (which in themselves are not a problem) Boyfriends friend had to move out as his mother had cancer, but continued with his share of rent.

    While there was a lot of trouble with the agent being very unorganised my boyfriend continued to pay his rent on time in full every month. He passed two property inspections with flying colours, Then in September, He got a call from the Sales team of the managing agent advising the landlord was selling and he wanted the property valued and put on the market and that he would be coming over on Monday to measure rooms etc. (this was a Friday at 4:35pm) My boyfriend had made it painfully clear on multiple occasions he would allow access but needed to get time of work and under no circumstances (excluding emeergancy fire flood ect..) would anyone enter the property when he is not there. He explained to the sales team that he already had Wednesday off can they come then, They threw their toys out of the pram a bit but agreed.

    Boyfriend has the standard clause he doesnt have to allow viewings until the last two months of the tenancy. He made it clear to the sales guy this was in his contract to which he tried to lie and say it was about the landlord renting the property out not selling, it was then explained to the sales guy that infact it was about viewings of any kind. He again threw a bit of a strop.

    The same week my boyfriend had a property inspection - All of a sudden he fails it, The property was the same condition as the other two times and when he asked for information as to why he failed he was told 'just minor things, a bit of dust etc' and they would be back the week after to check again, The boyfriend booked another day of work for the same girl to come back, Not even check the all the rooms or the room she suggested was particually 'dusty' (downstairs bathroom) - She then passed it!!! this annoyed my boyfriend quite a bit, but again he kept quiet and continued paying rent.

    fast forward to last week, He gets a call from the sales team explaining the landlord wants to sell ASAP and my boyfriend has to allow viewings, again my boyfriend explained there was no problem with this but he will need a little bit of notice to get of work unless its evenings or weekends. Well the sales guy litrelly goes mad, raised his voice saying he will give 24 hours notice if my boyfriend isnt home he will let himself in!
    Boyfriend then gets in touch with the lettings team who have told him hes being unreasonable and that he must allow access whenever they want. they then proceeded to scan his tenancy agreement highlighting points and making accusations that i live there with my dog (complete rubish!! i still live with my family)I stay there maybe 1 or 2 days a week, likewise my boyfriend will stay at mine, and the dog in question has been in the property maybe 5 or 6 times after we have walked her, She is not staying there and neither am I.

    My boyfriend has had the locks changed and wants to get out ASAP he has also not paid this months rent on the basis he will be leaving within 2 weeks of the rent not being paid (they hold a 2 month deposit and have made it clear they will make it difficault when it comes to returning it) They are really pushy people and he doesnt trust them.

    In total they have entered the property 10-12 times for various things over 10 months (surely thats questioning quiet reasonable enjoyment??)The property also has no valid gas safety certificate and hasnt since march. They have never had any issue with him as a tenant until the sales thing came up

    Is there anyway he can get out early? We have decided to move in together and have found a place, But hes worried the managing agents will give him a bad reference. But understandably he really doesnt want to stay there.

    Is there anything he can do? They cant force entry can they?

    Any help is appreciated!!

    #2
    The new boiler should have had been certified as part of the installation. If this was finished on, say, the 2nd of March then the boiler would be covered for 12-months. Unless the LL has other other gas appliances in the property then re-testing would not be required before next March.

    Your BF has no legal right [in these circumstances] to withold rent and he is liable for the entire period of the agreement he signed. The only way out is to negociate an early surrender.

    It would seem, however, that the situation would appear win win for all parties though.

    The LL wishes to sell and would receive a better price with vacant possesion.

    Your BF wishes to leave early without the liability of paying up the remaining term of the tenancy.

    I suggest he proposes to move out on a certain date on the conditions that he has somewhere else to move to, that any reference isn't malicious or inaccurate, he pays his rent to date and the deposit is returned.

    Has the deposit been protected?

    There will be some that suggest that your BF ask for money to give an early surrender. This is a valid route to take but it's success really depends on the confidence your BF has.
    There is always scope for misinterpretation.

    If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

    Everyday is an opportunity to learn something new.

    Comment


      #3
      Hiya,

      Thanks for your help. There are other gas appliances within the property- so a gas safety check should have been carried out.

      I think he is going to try and negotiate an early surrender. But the main question at the moment is, can they force entry?

      Thanks again

      Comment


        #4
        Ultimately, yes but he needs to be careful on how he deals with things. He doesn't want to be fighting with them oneside and trying to negociate the other.

        From my point of view [assuming he can move out in two weeks] I'd float holding off on the viewings untill vacant possession is given and that this can be provided in two weeks assuming that the LL agrees to an early surrender. Again, win win.
        There is always scope for misinterpretation.

        If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

        Everyday is an opportunity to learn something new.

        Comment


          #5
          They certainly cannot force entry.

          As there is no contractual clause allowing viewings at this point, your BF would be completely within his rights to refuse all viewings from now on.

          This should be dealt with in writing so I advice your BF starts to communicate with agent through actual, good old, letters.

          Comment


            #6
            Has a Sec 21 possession order been served upon you boyfriend?
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              Nope nothing has been served.

              Thanks everyone for your help so far!

              Comment

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