Is anybody a lawyer?

[Boomerslady]

Can you possibly get environmental health involved? I know they help with mould but surely no heating and hot water for weeks is a health issue too (although they'll see it as worse in winter I imagine). Also I used to work in a legal company and once a month some of the lawyers went to a community free thing where they gave advice and wrote letters etc, and they dealt with a lot of tenancy stuff. Might be worth a google. Your landlord sounds like am arsehole!!

 

[lhancock90]

Thankyou lovely!
I think the problem is we resigned since the month thing? So i don't think that carries over. BUT atm, he is still being unreasonable.
Its going to take a while for the boiler to be fixed again apparently.. so not hot water or heat still.

x

I see your point but it shows history. If I were you I would speak to the agent ASAP whilst you are still having problems with the boiler. Tell them you've had enough. Honestly I'd be as forceful as possible, you may not get anywhere but you may worry him enough to want to get some more 'stable' tenants.

Thankyou so much! Its so helpful to get your point on it as a landlord I know it seems shitty of us to want to get out of the contract, but, he honestly, is unreasonable and impossible to get hold of when its actually important.

No prob, hope it helps. We've had some really crappy tenants and it is so hard to do anything legally. We currently have a tenant that has not paid for three months, there are so many steps we have to go through before we will get our money- and that's with two other tenants being co-responsible for the rent and him having a guarantor! Meanwhile we have to find the money to cover the mortgage.

One tenant ruined a leather sofa of ours, it was ripped to shreds by his cat (every single part of it damaged, gaping holes is several places). DPS sided with the tenant and said it was 'fair wear and tear'. The really galling part is that our contract clearly stated NO PETS! Ridiculous.

Anyway, hope you get yourself out of there. As PP said- be a nuisance tenant, and take notes of everything.

We think we are going to leave, forfeit the deposit and if he wants to take us to court he can, we won't be difficult, but we will be honest about the extent of how unreasonable he is and let a court decide really.

I know to a landlord i probably sound like a nightmare but honestly, we've really put up with his shit a lot, feeling like we were stuck here and i can't keep going without hot water and stuff, its ridiculous! Not when i have a chance to get out.

Lucky for him really he'll get the house back in better condition because we filled in huge holes in the walls and painted it for him (with permission). It was a state when we moved in. We also fixed the fridge and washing machine he left here, so hes up on those too.

The boiler he has "no idea when it will be sorted" and hes off on holiday for 2 months at the end of this month...

I forgot! We resigned a contract early last year and he assured us he would take our renewel fee (25 quid) to the agent along with the signed contract. He didn't. He kept the money.

 

[hayz_baby]

Good luck and keep us posted x

 

[SarahP13]

Hope he accepts it and let's you leave.

I would make extensive notes of all the issues you've had and take pictures of anything he hasn't fixed and everything you've fixed/improved. Write him your letter giving notice and list all the reasons why. That will show him all the things that are on your side so hopefully he won't take it further. Personally I wouldn't tell him he can keep the deposit, wait until he asks, because if it's lodged with DPS (it should be) he can't just keep it, they send it back to you.

Good luck!

 

[stellaluna431]

I agree with PP. TAKE PICTURES. Did you take photos when you moved in? Take photos before you leave too, showing the things you fixed and how you left it. That way he can't say so and so was fixed, when clearly you have evidence that it wasn't. GL. I'd want out of there too!

 

[lhancock90]

Thanks girls, we have photos, notes, evidence, all of it ready

 

[lhancock90]

The other house is confirmed girls! We are freeeeeeeeeeeee

 

[x__amour]

Ahh that's fab! Congrats!

 

[lilyd]

Fantastic news, have you told your landlord? So pleased for you x

 

[sethsmummy]

happy that your managing to get out hunt hat sounds absolutely appalling! xxx

 

[lhancock90]

Yes we told him but hes not "accepting it" :s

But, last night, we discovered from a lawyer that, our tenancy agreement is not legally viable because, after two years as a tenant in the same house the law allows you to give only a months notice. Which we have.

x

 

[sue_88]

Great news, don't let him keep your deposit though. You can go yourself to get this back from the deposit scheme.

 

[lhancock90]

Great news, don't let him keep your deposit though. You can go yourself to get this back from the deposit scheme.

Yeah i explained this to OH this morning, the landlord cant just keep it

 

[SarahP13]

Great news! Didn't know that tenants could do that after two years, that's despite the fact you've just signed another contract right? Will have to remember that as we have tenants that have been in for that long!

Regarding the deposit, he has to apply to keep any of it stating what it's for. You have to agree or disagree and then the DPS will decide. If you giving notice is all legal and above board then he won't be able to claim against you for that. He may look for lots of little bits though to get a bit of revenge, if he does then I would dispute it as DPS often sides with the tenant.

Anyway, glad you've got out of it. Hope your new place is lovely!

 

[special_kala]

Are you sure the 2 year thing is correct? Ive never heard that, usually if you sign a contract then you are in that contract until the end.

 

[lilyd]

Are you sure the 2 year thing is correct? Ive never heard that, usually if you sign a contract then you are in that contract until the end.

I've never heard it either, I thought the one months notice applied when you were on a rolling/periodic tenancy rather than a fixed term contract.

I haven't been a landlord for the past 3 or so years though, so maybe new legislation has been passed in this time.

It would make fixed term contracts after the first 2 years a bit pointless which in turn will lead to some very annoyed letting agents who can't claim their ridiculous fees for issuing a new bit of paper to be signed each year.

 

[sue_88]

Even if it's not correct the landlord has broken the contract with regards to the boiler (and amongst other things most likely). He wont have a leg to stand on.

 

[lhancock90]

Great news! Didn't know that tenants could do that after two years, that's despite the fact you've just signed another contract right? Will have to remember that as we have tenants that have been in for that long!

Regarding the deposit, he has to apply to keep any of it stating what it's for. You have to agree or disagree and then the DPS will decide. If you giving notice is all legal and above board then he won't be able to claim against you for that. He may look for lots of little bits though to get a bit of revenge, if he does then I would dispute it as DPS often sides with the tenant.

Anyway, glad you've got out of it. Hope your new place is lovely!

Are you sure the 2 year thing is correct? Ive never heard that, usually if you sign a contract then you are in that contract until the end.

Are you sure the 2 year thing is correct? Ive never heard that, usually if you sign a contract then you are in that contract until the end.

I've never heard it either, I thought the one months notice applied when you were on a rolling/periodic tenancy rather than a fixed term contract.

I haven't been a landlord for the past 3 or so years though, so maybe new legislation has been passed in this time.

It would make fixed term contracts after the first 2 years a bit pointless which in turn will lead to some very annoyed letting agents who can't claim their ridiculous fees for issuing a new bit of paper to be signed each year.

Even if it's not correct the landlord has broken the contract with regards to the boiler (and amongst other things most likely). He wont have a leg to stand on.

Its the advice i've been given, but, perhaps its wrong? Like Sue said hes totally broken it with regards to the boiler (which is now producing barely warm water and only 2 working radiators!) and other stuff.

 

[sophxx]

Glad you got the house. Have you sent your notice to him recorded delivery stating all your reasons? If not I would do and keep a dated copy your self x

 

[Leesy]

If a landlord behaved like that here (Aus) and you went to the tennacy tribunsl you would be able to break your lease no worries. He sounds like a jerk. Hope you work it out.