Please help !!!!

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    Please help !!!!

    Hi all, i am really sorry about how long this is but it covers most of our experience so if any of you can be bothered to read it any feed back on what we should do would be greatly appreciated . Thank you in advance.


    We were suppose to move in on the first of December 2015, but due to the condition of the property we had to move the date to the 6th so we could go in to clean and paint the property. We had to track down the previous tenet to get the keys and were asked to do the check in with them. We refused to do this as we deemed it inappropriate to do so and waited for the landlady.

    We walked around the house and noted on the inventory the actual condition of the property, cupboard doors missing, front door badly damaged, some beams in the kitchen ceiling were painted black others white, kitchen worktop badly split and stained, damp walls, plaster and paint falling of the walls, all rooms and ceilings needed painting , the gardens were full up with rubbish, the showers were black with dirt and grime, one of them had a hinge missing, cracked tiles in the bathroom, tenants rubbish items still in the property etc etc.

    So I painted the property at my expense and time and Katie spent the 5 days scrubbing it. The landlady also done some cleaning and put some oil on the worktops that took days and days to dry rendering them unusable. I also borrowed a van and done 5 trips to the nearest recycling centre ( approx 10 miles away/ 20 mile round trip) to remove most of the previous tenants rubbish at my own expense. We also had to buy light bulbs for almost every room in the house.

    After the nasty beginning things seemed to settle down until the upstairs shower started leaking through the ceiling every time you used it. Due to this we had to use the down stairs shower. That's when we discovered the down stairs shower drained into the bottom of the kitchen cupboard, literally a pipe going through the wall and emptying dirty water into the bottom of the cupboard. We contacted the landlord who agreed for me to get somebody to quote on fixing the problems. After much time and effort the landlord agreed to let a local builder fix the plumbing and re tile the bathroom, as long as it was a cash job and done cheaply. To do this I had to do most of the work so in the end the landlord got a completely re tiled bathroom, all painted with a new shower plinth for just over £500. The cost should have been around £1200 but due to me doing most of the work we managed to get it done cheaply.

    At the same time the wall in the kitchen had started to lose the mortar from between the stones and this was now falling in our food and making a mess on the sides every day. We also noted a foul sewage smell coming from the drains on a daily basis.

    Anyway things carried on OK for several months when we had a random phone call from the land lady stating she wanted the house to be valued and possibly sold. I explained on the phone that its her house and that's fine to which she explained she will be there the following day with an estate agent. This was in October, and the following day as discussed the land lady turned up with the estate agent. They walked all around the house together for almost an hour, said there good byes then left. That night we had a text message from the land lady thanking us for keeping the house in such good condition and that it will be going on the market for sale the next day.

    Over the next few weeks I took a total of 8 hours of from my work to allow viewings on the house by potential buyers and also more time of to let a carpenter booked by the landlady in to replace the kitchen door as it had really deteriorated over the year ( due to the previous tenants partner kicking it in half and super gluing it back together ) and was now very difficult to close. The carpenter was very professional and polite and came to fit the door but due to time was unable to fit the mail box. The post man then could not deliver mail to us as we had no other letter box so we had to pay £74 to have our mail redirected.

    During this time I also had a text of the land lady explaining the a painter will be coming the following week to paint the out side windows and will need total access to the house. I subsequently took the time of work to meet the painter but he was unable to make it and I received a text 5 minutes before he was due to say he wont be coming.Hi all, i am really sorry about how long this is but it covers most of our experience so if any of you can be bothered to read it any feed back on what we should do would be greatly appreciated . Thank you in advance.


    We were suppose to move in on the first of December 2015, but due to the condition of the property we had to move the date to the 6th so we could go in to clean and paint the property. We had to track down the previous tenet to get the keys and were asked to do the check in with them. We refused to do this as we deemed it inappropriate to do so and waited for the landlady. We walked around the house and noted on the inventory the actual condition of the property, cupboard doors missing, front door badly damaged, some beams in the kitchen ceiling were painted black others white, kitchen worktop badly split and stained, damp walls, plaster and paint falling of the walls, all rooms and ceilings needed painting , the gardens were full up with rubbish, the showers were black with dirt and grime, one of them had a hinge missing, cracked tiles in the bathroom, tenants rubbish items still in the property etc etc. So I painted the property at my expense and time and Katie spent the 5 days scrubbing it. The landlady also done some cleaning and put some oil on the worktops that took days and days to dry rendering them unusable. I also borrowed a van and done 5 trips to the nearest recycling centre ( approx 10 miles away/ 20 mile round trip) to remove most of the previous tenants rubbish at my own expense. We also had to buy light bulbs for almost every room in the house. After the nasty beginning things seemed to settle down until the upstairs shower started leaking through the ceiling every time you used it. Due to this we had to use the down stairs shower. That's when we discovered the down stairs shower drained into the bottom of the kitchen cupboard, literally a pipe going through the wall and emptying dirty water into the bottom of the cupboard. We contacted the landlord who agreed for me to get somebody to quote on fixing the problems. After much time and effort the landlord agreed to let a local builder fix the plumbing and re tile the bathroom, as long as it was a cash job and done cheaply. To do this I had to do most of the work so in the end the landlord got a completely re tiled bathroom, all painted with a new shower plinth for just over £500. The cost should have been around £1200 but due to me doing most of the work we managed to get it done cheaply. At the same time the wall in the kitchen had started to lose the mortar from between the stones and this was now falling in our food and making a mess on the sides every day. We also noted a foul sewage smell coming from the drains on a daily basis. Anyway things carried on OK for several months when we had a random phone call from the land lady stating she wanted the house to be valued and possibly sold. I explained on the phone that its her house and that's fine to which she explained she will be there the following day with an estate agent. This was in October, and the following day as discussed the land lady turned up with the estate agent. They walked all around the house together for almost an hour, said there good byes then left. That night we had a text message from the land lady thanking us for keeping the house in such good condition and that it will be going on the market for sale the next day. Over the next few weeks I took a total of 8 hours of from my work to allow viewings on the house by potential buyers and also more time of to let a carpenter booked by the landlady in to replace the kitchen door as it had really deteriorated over the year ( due to the previous tenants partner kicking it in half and super gluing it back together ) and was now very difficult to close. The carpenter was very professional and polite and came to fit the door but due to time was unable to fit the mail box. The post man then could not deliver mail to us as we had no other letter box so we had to pay £74 to have our mail redirected. During this time I also had a text of the land lady explaining the a painter will be coming the following week to paint the out side windows and will need total access to the house. I subsequently took the time of work to meet the painter but he was unable to make it and I received a text 5 minutes before he was due to say he wont be coming. continued on next post as it was too long.

    {Mod - kindly edited by emwithme}

    #2
    continuation

    Two days later the painter turned up at Katie's place of work to ask for the house keys as the land lady had sent him to get them. Even though we had never met this man we let him in anyway and kept the house open for him on future visits. I allowed all viewings at the house and never complained or argued any of the appointment times until I had a very rude answer phone message from the estate agent telling me they are coming for a viewing on Thursday morning,not asking me but telling me. At this point I lost my patience and called the estate agent to explain they need to ask me for a viewing and not tell me to which she replied the land lord has given permission and they don't need mine. I then told them the viewing wont be happening as its inconvenient with me and that next week would be better. After this the land lady contacted me and explained that she has taken the house of the market until I have moved out so wont be any more viewings.

    At the same time this was all going on the downstairs bathroom had started flooding. I believed it to be my washing machine so subsequently went out and bought a new one. After a few days it became apparent that it was not the washing machine but rain water coming through the wall. I had a local plumber have a look and he explained the plumbing and drainage are all wrong and against building regulations and that's why the drains all drain very slowly, its flooding when it rains and the house smells of sewage a lot. I let the land lady know this who brought a plumber to the outside of the house and then told me it was flooding due to moss in the court yard and it is nothing to do with the plumbing/drainage.

    As well as this a beach block kitchen work top that had water damage and a big crack in it ( due to it being next to the sink and having no draining board) when we first moved in had gotten worse over the time we were there and I told the land lady I would get a friend of mine to come and have a look at it but she said not to bother doing that. The carpenter that the land lady sent to fit the door also looked at the work top and explained that it has got water damage due to never being treated properly. I then showed him the oil the land lady had applied to it which clearly states do not leave on for more than 15 minutes, the landlady actually applied it with a paint roller really thickly and then never wiped it of , just left it on there. This apparently damages the work top and does not seal it like the oil is intended to do when used correctly.

    So during all this fun the land lord suddenly changed ( when she realised that not one single person who viewed the house has made an offer due to the £80,000 above market value asking price ) and explained that I need to give ,my notice or she will give me notice to leave, I responed by saying I will give my notice but have to talk to katie first. At this point I had had enough of cleaning water from the bathroom floor every time it rained and constantly taking time of work to meet her trades men to paint the windows.

    A couple of days later she came to the house on the evening with her boy friend and the carpenter to have a look around. As she was leaving she asked me for my letter of notice to leave the property. I said I will talk to Katie and do it soon. She then left and I also left to walk my dog as it was now quite late in the evening. After my 40 minute dog walk I was on the way back to the house when her and her boyfriend stopped me in the car park and demanded that I sign I letter written by them to say I am giving my 1 months notice from that date. I signed it but obviously as Katie was at home she never.

    From then on it just got worse and the land lord became increasingly difficult to talk to, she even went to Katie's place of work where she was told to get out. I started checking through the paper work for the house and noted that we had no gas syftey certificate, I contacted the land lady to let her know and she assured me that she had a copy of it. I then found it and seen that it expired in March 2016 so had been out of date for 7 months.

    The land lady had also never sent us a copy of our corrected inventory so I asked for one and she sent me a list of items in the house with no writing on and no signatures. I explained that we need a copy of the original one that we edited and signed so she sent a new one , again with none of our editing on but a photo copy of our signatures stapled to the back page. And it still has no description of the condition of the house , just a list of items, such as sink, cupboard, radiator etc etc.

    Any way getting to the last week of our tenancy I painted the whole house and cleaned it. I never finished until 5am on the morning of the 7th of December ( the last day of my tenancy ) so had until midnight to finish any jobs. On the morning I had work so left the keys in the house and took photos of absolutely everything in the house for proof I painted and cleaned. I messaged the land lady who had told me she will be at the house at 9.30am to explain I had finished and the bit of rubbish I had left out side will be gone later but when I went to get it after work it had already gone. This was still on the 7th when the property was still mine.

    I then blocked her number from my phone and said all correspondence should be through email. She then emailed saying the house is filthy and needs a professional cleaning company in ( I have photos to prove this is not true). She then sent an email asking for extra money on top of the £840 deposit to cover the £2600 expenses. The very next day the house went on the market for £295,000 advertised as in very good decorative order. Her list of expenses include over a £1000 for the carpenter to replace the door, this door had been kicked in half and glued together by the previous tenant and when she said a carpenter was coming to fit a new door she never once indicated it was anything to do with me or that I would be paying for a brand new door for her to replace a 20 + year old broken one that I never broke. She is also claiming £900 for a new work top supplied and fitted. I had a quote done for this and the work top is £280 ( from the same place the original is from) and fitting was £200, so not sure where the £900 figure even comes from. Secondly the work top was already massively damaged when I took over the property and had a crack in it ( that the previous tenant can confirm )that over time has gotten larger ( as cracks do). The land lady's own carpenter explained to me that it has gone like that because it was never treated properly in the beginning and the land lady treating it wrongly with the oil has added to the problem. And even if none of that were true the work top has been in the house for at least 4 years so was not brand new any way.

    £200 cleaning charge, as we had to put back our tenancy for 5 days so we could go in the house to paint and clean it seems a little naughty to try to charge us for professional cleaning. I also have hundreds of photos showing how clean I left the house. Also she is charging for removing the rubbish , even after I sent her a message that was read stating I will remove it later on after work, when I got there it was already gone. She had no rights to remove that rubbish on the day as it was still my house and I had told her it will be gone later. I have large amounts of evidence and photos backing up everything I have said here.

    {Mod - kindly edited by emwithme}

    Comment


      #3
      I gave up reading after a bit. Presumably you did not notice the place was in a poor state when you viewed?
      To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

      Comment


        #4
        Originally posted by JK0 View Post
        I gave up reading after a bit. Presumably you did not notice the place was in a poor state when you viewed?
        yes we did but we had 3 children that needed a home and at the time it was the only option we had, and the land lady came across as very nice and said all the right things and we believed her.

        Comment


          #5
          Could you go through your posts and introduce some punctuation.. Line breaks and paragraphs are a huge aid to reading.

          Comment


            #6
            Originally posted by sam_cat View Post
            Could you go through your posts and introduce some punctuation.. Line breaks and paragraphs are a huge aid to reading.
            i do apologise, i have dyslexia and struggle with writing so rely on spell check to pick up my many faults. So im afraid no i wont be introducing line breaks at this moment in time. If you cant understand it i apologise
            .

            Comment


              #7
              I have read it all and agree that your landlord has been very unfair.

              Legally though you need the original inventory to argue the work she is claiming for.

              Luckily for you, your landlord will have had to use a deposit protection scheme where you can legally argue your case.

              If she didn't use a scheme then she was very silly and you are automatically due your deposit back in full plus a penalty of up to X 3.

              Were you given any prescribed information as to which scheme your landlord used?

              Comment


                #8
                Was your deposit protected with one of the government approved agencies - you would have been sent a large document called "Prescribed Information" giving this information (possible with your tenancy agreement).
                Any claims the landlord makes against the deposit will need to be made through this organisation.

                The landlord is not allowed to simply get work done and ask you to pay for it.
                They are allowed to claim for things that the tenancy agreement says that you should do if you don't do them (sometimes there is a requirement to have the carpets professionally cleaned for example) and they are allowed to claim for any loss in value to their property beyond fair wear and tear.

                As they purchased the property in prety much the state that you left it in, they have suffered no loss and probably can not reasonably expect anything at all.

                Shelter and Citizens Advice will help you, as would a solicitor if you can afford one.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Originally posted by Wright76 View Post

                  If she didn't use a scheme then she was very silly and you are automatically due your deposit back in full plus a penalty of up to X 3.
                  There's nothing automatic about deposit disputes, I'm afraid.
                  'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                  Comment


                    #10
                    A couple of days later she came to the house on the evening with her boy friend and the carpenter to have a look around. As she was leaving she asked me for my letter of notice to leave the property. I said I will talk to Katie and do it soon. She then left and I also left to walk my dog as it was now quite late in the evening. After my 40 minute dog walk I was on the way back to the house when her and her boyfriend stopped me in the car park and demanded that I sign I letter written by them to say I am giving my 1 months notice from that date. I signed it but obviously as Katie was at home she never.
                    That bit is where I lose any sympathy for the new landlords, that's a nasty thing to do.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      Maybe not automatic in the sense that it doesn't pay itself! But if landlord did not use a scheme there is no argument that OP is due their full deposit returned and whatever penalty the judge sees fit.

                      It would be worth pointing this out to the landlord before commencing legal proceedings.

                      Comment

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