Admittedly not the perfect tenant.....

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

    Admittedly not the perfect tenant.....

    I will try and cut a long story short here....

    Nov 2014 Mum, Dad, 3 kids, 3 dogs, 12 cats and a partridge in a pear tree moved 214 miles into a rented property. in October £1300 one months rent and deposit was sent via backs and DIY lease signed. Key received and we moved in. No inventory.

    Dec 2016 We move out after giving 3 months notice.

    In this time we have whelped 2 litters of puppies in utility the landlady was our next door neighbour so it was not hidden. We have taken responsibility that the room needs cleaning and reflooring and we shall pay for this. But the list is endless she is constantly texting and it is driving me bonkers.

    In 25 months, we never once managed to get her to repair anything, no gas or electricity checks were conducted. The house is damp, even with a big heavy duty dehumidifier the walls and backs of furniture rotten. We never once complained. Upon inspection she was happy we agreed to the repairs needed and made the majority of them. She denied we had ever given her a deposit and then back tracked when i challenged her on this. So in reality she never protected it and it is long ago spent by her. We have not disputed that the back room is a bit pongy and have already agreed to replace the lino, yet she is sending texts to advise me there is puppy pee under the lino she now needs to take all the flooring up downstairs and has taken photos in case she wants to 'take this further' I have had about 10 texts in the past week and she is driving me insane!!!!!

    Vent over. I know we are not entirely faultless but every text i receive just depresses me.

    #2
    And your question is?

    So you have saturated her floorboards with cat piss and think changing the lino will sort it...... No wonder it's "damp".

    Comment


      #3
      Did you sell the puppies?

      Comment


        #4
        Bristol - Yes we did, and in case this is leading to 'you were running a business in her house' until a breeder whelps 4 litters per year there is no need to register with your council as a breeding establishment.

        Andrew - Wind your neck in, lots of assumptions in your post. My cat are kept in a cattery in the garden so would be very hard for them to pee on the floors of her house. The puppy mess that hadn't been caught by the newspaper had managed to seep under the lino unbeknown to use else we would have addressed the issue. We have agreed to make good and replace outside of the deposit she denied having.

        My question is we haven't lived there for 8 weeks, she is texting constantly with every little scratch she finds and is expecting us to pay for repairs. although she already had £650 deposit to make a good start. We are fair people and we hold our hands up to our mistakes. However in our time there she had nearly £18k in rent and didn't so much as repair the cooker hood that died 3 months into our tenancy, let alone do any of the legal maintenance to ensure our safety. Now i do know my legal position regarding the deposit being unsecured but taking her to court and penalising her for her ignorance is not who i am, however if she keeps ignoring the fact she has this money i will have no option to make her acknowledge it. We aren't unfair people. I would like suggestions on how we put this to bed amicably and quickly

        Comment


          #5
          Welcome to LLZ where free advice & info is provided by unpaid persons.

          Start dispute process with the relevant deposit scheme - you have the details from when you moved in.

          Oops, just noticed unprotected:. Follow the excellent, free advice on Shelter's website for suing for up to 3xdeposit and how to recover your deposit.

          If your manner with your landlord were similar to your manner , it may not give you your best outlook.

          Best wishes to all my readers
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Thank you for your reply.
            In terms of my manner admittedly i am not a hearts and flowers type of person, i don't see the point in beating around the bush and we have been incredibly apologetic that she has found this problem, have suggested a remedy which she has agreed to, yet still insists on texting to rant/vent at me. I am not sure what else i can do.

            Basically i would like her to compile a list of repairs along with receipts and costs incurred and we can discuss cause and liability and come to some mutual agreement on any payment outside of the deposit. But she does not seem to be acknowledging that she ever received one. I wouldn't dream of applying for compensation from her for what i believe to be an honest mistake, but somehow i need her to say yep i have this money. I have written a letter to her suggesting that our communications take this form as text messages allow an immediate reply in the heat of the moment.

            Comment


              #7
              By not protecting your deposit, the landlord has a) prevented you from using the free dispute resolution service that comes with deposit protection and b) made a serious error which will make claiming anything difficult.

              The shelter website has a procedure (and letter templates) you can use to request your deposit back in full - by not protecting it, a court can order its return with a mandatory penalty, which the landlord will be keen to avoid.
              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


                #8
                Originally posted by notsoperfect View Post
                .................. on any payment outside of the deposit. But she does not seem to be acknowledging that she ever received one. ..............
                as long as BACS (note spelling) evidence s good on paying a deposit?

                Otherewise, if no good evidence I'd suggest if an LBA gets nowhere then, sadly, give up & learn from your mistake.

                As suggested, for free, by people who understand the processes, follow the excellent advice on Shelter's website: Have you actioned any of Shelter's advice, please?

                If there is continuing ranting you could log it all, send her a calm, polite, letter requesting end of harassment (both a civil - ie £££ - and criminal - ie record - offence).
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  I have obtained the bank statement from the month i sent the deposit, and a copy of our tenancy stating the deposit amount. Sadly i cannot find the email sent to confirm the payment was sent and what it was for.

                  I will have a look at the shelter website as suggested.

                  Thank you

                  Comment


                    #10
                    A Letter Before Action about the deposit will probably be enough to make texts and the claim go away. If it doesnt, come back for more.

                    Comment


                      #11
                      It depends how much damage the animals caused as to whether this is worth pursuing.

                      Your figure of thousands paid in rent is irrelevant as that was money you paid to live in the property. LL likely has mortgage, insurance, tax blah blah and they haven't made all that in profit.

                      650 sounds a lot, however if flooring needs pulled up and replaced that will take a huge chunk before other damage is even considered.

                      You are entitled to make a claim for a penalty despite your insistence that you dont wish to do so.

                      If your happy to let that go, then your only argument is the actually deposit. How much of the 650 do you think you would be due having admitted the house has been left stinking of animals?

                      The only way I think you will get anything back at all is to rely on your entitlement to a penalty. Write a letter before action to the landlord advising that you are aware deposit wasn't protected and that you are entitled to claim in court for your deposit returned in full as well as UP to X 3.

                      Advise that you will accept your deposit return with no court action.

                      It rather depends how much damage has actually been caused as landlord may decide to go to court and counterclaim for any damage.

                      Personally I'd be replacing all floorboards as well as all flooring as the smell to the next tenants will likely be a problem.

                      Comment


                        #12
                        Sorry Wright I think you have misunderstood, i am not asking for any of the deposit back, however she is asking for money for every little repair as though the deposit doesn't exist. My point with the rental payments made is that she never did her duty as a landlady to ensure all the legal checks were made, she never repaired anything reported yet we happily and without fuss made the payments each month. Not that the rental payments should be offset against the damage. I don't want anything back from her, but i do want the texts to stop and for her to acknowledge that she has £650 to make a good start on the repairs.

                        Comment


                          #13
                          650 sounds a lot, however if flooring needs pulled up and replaced that will take a huge chunk before other damage is even considered.

                          The flooring concerned we are paying an additional £200 over the deposit to replace, the base is concrete and the offer has been made since her discovery to either clean it ourselves or get the cleaners we used back in to give it a really deep clean. So the £650 should be more than enough to cover other expenses, if not then we shall discuss making further payments. I am not trying to shirk our responsibilities. But she is asking for money to replace a cover on the flood gate, to fill a hole in the bathroom tile, paint the downstairs (although the offer was made for us to do this during our 3 months notice period and she refused the offer saying she would do it)

                          Comment


                            #14
                            this is the condition throughout the house was handed back in 16402392_10212211191945363_2100883261_n.jpg

                            Hoping the pic attaches

                            Comment


                              #15
                              Originally posted by notsoperfect View Post
                              ...deposit back, however she is asking for money for every little repair as though the deposit doesn't exist...for her to acknowledge that she has £650 to make a good start on the repairs.
                              a) The deposit (if you can prove one exists) is completely irrelevant until the tenancy has ended.
                              b) The landlord is perfectly entitled to ask you to pay for repairs resulting from damage you have caused, and to ask you to do that during the tenancy. The deposit is not the first port of call if she does that.
                              c) She cannot use the purported £650 to do that (well she can, but she would be pretty dumb to do so).

                              What sort of "repair" requirements have you reported? Are thees within her statutory responsibilities? Why do you feel she would carry out repairs if you have not paid for repairs?

                              I fear the issue of "was there a deposit paid at all" must be more complex than you suggest. If you can show an entry on a bank statement with the transferee the same as the exact bank account on the tenancy agreement, then it will be straightforward.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X