how do I deal with a difficult landlady?

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

  • how do I deal with a difficult landlady?

    dear all,

    I have rented a flat from foxtons, I've been living there since oct04

    the landlady is very difficult to deal with and foxtons is not helping at all

    Im moving out of the appartment and she doesn't want to return the deposit - with no reason

    I've talked to foxtons but they don't care, they told me to talk to her and try to negociate (with is impossible) or to call the solicitors, that foxtons has nothing to do regarding the deposit

    The flat is in perfect conditions (even better than when I moved in) and she has nothing to prove that I've done something wrong

    Im very upset. I feel frustrated and impotent. I have no energy anymore.

    Who should I contact to get help? Is there any association / person that really protects to you?
    Which are my rights with the agency? Is it their duty to deal with my deposit and to chaise the landlady?

    Thanks a lot,

    maglau

  • #2
    The agency is not responsible - the contract you have is with your landlady - they are just agents.

    Have you actually moved out of the property yet? And do you have a signed inventory? Do you have your landlady's residential address?

    Here is some info from Shelter about how to seek redress through the HM Courts through the small claims process (they have another site that covers Scotland) if she does not pay the deposit back in a reasonable period of time. Have a look at the moneyclaim online site where you can kick off a claim online - like Shelter, they even have sample letters for you to use as part of the negotiation process.

    http://england.shelter.org.uk/advice/advice-3007.cfm
    http://england.shelter.org.uk/advice/advice-3006.cfm

    This action should be a last resort and you should be able to show that you've tried to negotiate so keep copies of your communication with her and send it by registered mail.
    Last edited by Beeber; 02-06-2007, 18:59 PM. Reason: To add an additional URL

    Comment


    • #3
      Thanks for this Beeber, it's very helpful

      I haven't moved out of the property yet. I was trying to sort things properly by talking but there's no way to talk to her. I can only talk to her on the phone and she can hardly speak English.

      I pay my rent to Foxtons and they give it to her. And I paid my deposit to them (6 weeks) (plus 300pounds for the "services"), that is why I though that the agency had something to do with it.

      I don't have any inventory. I didn't get one when I moved in.

      And yes, I have my landlady's residential address. Does this help?

      She is so difficult, she has done so many things (as for instance, entering the property w/o permission), I was complaining to the agency and they said they would talk to her. It's a long story...I knew she was going to be difficult until the last minute... The agency think she is crazy and they don't bother...it looks like they don't want to loose time talking to her.

      Pfffff...Im so frustrated

      Comment


      • #4
        Foxtons was an agent of the landlord. The ulitmate responsibility for the deposit lies with the LL.

        Why do you think that she is not going to return all or part of the deposit to you?

        Has there been an arrangement for the Check out condition/inventory session yet? That normally is not done until the day you move out. You or your representative should definitely be there when it is done, so if there are any problems, they can possibly be rectified there and then.
        ASSUME NOTHING - QUESTION EVERYTHING!

        Comment


        • #5
          cause I talked to her on the phone and she said she will not give it back because she doesn't want to. She is a mad woman, but she has my money

          the check out condition/inventory session has not been arranged yet

          thanks for this!

          Comment


          • #6
            Landlady issues

            Take pics, keep all copies of correspondence, send via registed post.

            If she still does not pay, and you have to take her to court, and if you case is ligitamate, and you win, and get judgement against her, and she still doesn't pay................CALL THE BALIFFS IN...........this will all cost you money however you will be entitled to the costs back.

            Whether she is potty or not the baliffs wont care, they will have a warrant to execute.

            Depends on how much the deposit is and how much you want to persue it!!!

            As a letting agent I have a dislike of landlord who do not pay back deposits for an unfair reason.

            If your case is strong..............go for it
            The above opinion, and or information, is based on my day to day knowledge and practical experience, also the professional code of good practice that i follow as a qualified Letting Agent. With over 25 years of experience letting properties.

            Comment


            • #7
              Thanks for this Vin!!
              Very helpful

              Comment


              • #8
                i know a landlord or two and some video the properties before letting them out.
                you should do this

                does the landlord have to register with the council, who must deem them 'fit' to be a landlord?
                Phone up the council private sector liason officer for advice. (they have them in Scotland don't know about the rest of the UK)

                Comment


                • #9
                  dodgey L.L and deposit probs

                  Hi,

                  I'ver been to court twice with former L.L's who have refused to return my dep for crap reasons, and won.

                  My advice is, go to the agent (Foxtons is a big, well known agency and should know how to deal with these kind of matters, not say they don't want to know) and ask them where the deposit is being held. It is more than likely held by them in an idep account and not with the L.L. Either way, they have to tell you, and if they are keeping it in a sep accoubnt, they have to help out here.

                  Get you inventories (check-out and check-in reports) together and compare the details. Note down exactly why the L.L wants to withold the deposit. They have to give u a reason and should have done already.

                  Tell the L.L via the agent (send copies to both) that the L.L has 2 weeks to explain in writing why they r witholding your money and to return the dep in fulll or you will be taking court action.

                  Keep all letters/emails etc for evidence.

                  Foxtons cannot just lose interest. Like I said, foremost, ask where your dep is being hled. They have to tell u, if they don't they r also breaking the law.

                  Get back to me if u need further help.

                  Laura

                  tobylaura@btinternet.com

                  Comment


                  • #10
                    dep probs prt 2

                    ps - if there was no check in inventory the L.L is going to find it v. diufficult to prove why she is witholding the deposit...in fact, she can't prove it.

                    the agent cannot turn their backs, they r as responsible for u as a tenant as her as a L.L and push them on the above (my laswt point).

                    L

                    Comment


                    • #11
                      If there wasn't an inventory done when you moved in, the landlord hasn't a case. They can't prove anything.
                      Get your own checkout inventory done by an independent company if you want to.
                      Pursue the landlord for the return of the deposit via the courts if necessary.
                      They will have great difficulty proving anything.

                      Tony

                      Comment


                      • #12
                        Don't forget that if it comes to court action, you must persue this against the landlord/lady, not the agent. This is because your contract is with the landlord only (your AST) The landlord has a contract with the agent and it is he/she who has to take court action against them if necessary.

                        P.P.
                        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                        Comment

                        Latest Activity

                        Collapse

                        • if we haven't signed the renewal are we still liable?
                          Lexy333
                          Our 6 month short term assured tenancy agreement ended on the 2nd August. We are with a reputable agency. We were invited to renew for a further 6 months back in July and were asked to email our confirmation that we wish to renew in writing. This I did. We were sent the renewal tenancy to sign. We have...
                          22-08-2017, 14:00 PM
                        • Reply to if we haven't signed the renewal are we still liable?
                          mariner
                          I would say your original AST continues as SPT.
                          If now a new verbal AST, you may have a new fixed term and you cannot serve NTQ during fixed term (6 months?).
                          Talk to LL directly, rather than LA.
                          Why did you agree to a new AST, rather than request rolling over to SPT....
                          23-08-2017, 00:30 AM
                        • 6 year deposit claim
                          MaliaZ
                          Hi guys, I know that a tenant can claim a penalty on an unprotected deposit but I just wondered when the 6 year clock starts ticking.
                          22-08-2017, 16:43 PM
                        • Reply to 6 year deposit claim
                          mariner
                          As memory fades over time, can someone provide a 'sticky' for dates when key elements of LL&T Legislation changed? I believe Apr 2012 predates later deposit timescales.
                          23-08-2017, 00:08 AM
                        • NTQ during fixed term?
                          vpltd
                          Hi,
                          Can a LL issue a valid NTQ during the six-month fixed term of an AST agreement?
                          (A residential let in England.)
                          VPL.
                          11-08-2017, 14:53 PM
                        • Reply to NTQ during fixed term?
                          Wright76
                          It's worth noting that guidance is under part 4 where tenant obviously is given notice to end of a period and therefore apportionment would not be applicable.

                          The reference to the notice to quit ending the tenancy on the notice date does not change the fact that it obviously does however,...
                          22-08-2017, 23:24 PM
                        • Reply to NTQ during fixed term?
                          Wright76
                          I think thats exactly what the section I have just quoted confirms.

                          And thereafter, if you choose not to accept they are leaving as a result of the section 21 you must insist on a notice to quit or await a court ordering possession (where you will be ordered to apportion anyway)
                          ...
                          22-08-2017, 23:13 PM
                        • Reply to NTQ during fixed term?
                          mariner
                          A lot of energy has been expended in this debate. It has been suggested a LL has no need to take Court action if T apparently vacates after receiving a s21 but with no Notice. LL cannot safely assume has vacated without Court confirmation, to avoid a T allegation of 'illegal eviction'. Equally I would...
                          22-08-2017, 23:00 PM
                        • Reply to NTQ during fixed term?
                          Wright76
                          If someone could copy and paste section 21 (4) a and b (I'm really not technical!), the law seems to recognise that a tenancy CAN end as a result of a section 21 and before a possession hearing.

                          21(4)b........the tenancy could be brought to an end by notice to quit given by the landlord...
                          22-08-2017, 22:38 PM
                        • Reply to 6 year deposit claim
                          KTC
                          Assuming that the money originally paid had been used as a deposit for the single tenant tenancy, then 6 years and 30 days from when the 2012 tenancy started. And... if that was a fixed term tenancy, then 6 years and 30 days for any subseqent renwal and likewise from when it went periodic.
                          22-08-2017, 22:22 PM
                        Working...
                        X