RedStudent
20-04-2008, 23:40 PM
Hi All,
I hope you can offer some advice for a student renting property from a problem landlord. I have tried to work with him as reasonably as I can, but feel that further action may be warranted. I would like some advice as to my rights as a tenant.
I am a tenant in a shared accommodation with six people. We jointly have an assured short-hold tenancy for a 9 moth period which started towards the end of last year, and ends in two months. We have multiple problems with our landlord, and I would like advice on five primary issues:
1. That our tenancy deposits were not protected for a significant period.
2. That our property was not and is not HMO licensed.
3. That the landlord intends to perform significant works on the property during the tenancy.
4. That one of the tenants is late on rent, and the landlord intends to take action against all guarantors.
5. The landlord is making nuisance claims about the tidiness of the property.
---
1. That our tenancy deposits were not protected for a significant period.
Our property was previously managed by a letting agent. At the beginning of this year, the landlord removed control of the property from the agent, intending to manage it himself. At this time at the request of the landlord, the letting agent transferred our deposits out of their deposit protection scheme and in to the landlord's personal account. Since this time we have made repeated requests for information as to where our deposits are protected, and the landlord has made a raft of excuses (including being busy, on holiday, not having the money, that he requires a house inspection first, that a tenant is late on rent therefore he cannot protect the money). Finally, last weak I informed him of my intention to contact the council to reclaim the money. The following day he had protected the money.
Whilst the money is now protected, is is nearly three months since he was transferred the money, and getting it protected has been a significant hassle. Despite being protected, I assume we can still make a claim as subsequently protecting the money should not mitigate his responsibilities to protect the money within 14 days. Am I correct in this assumption?
Is there a time limit on such proceedings? I am very busy currently, and would prefer to commence proceedings next month.
2. That our property was not and is not HMO licensed.
Our property was rented with the landlord aware that he was not HMO licensed. Though he now claims otherwise, he was aware of what he was legally required to do. The council has now visited and required him to make certain changes to the property to become compliant and obtain a license (notably being to introduce fire doors).
Whilst the council may be able to force him to perform such works, are we as tenants forced to let him in to the property to perform those works?
If the required works are a significant obstruction to us as tenants (we all live and study here, and do not want strangers in the house), are we entitled to request compensation for the inconvenience?
Whilst the council has given him a time limit to complete the works, are we as tenants able to make a claim for past rent as the property was rented illegally without an HMO license?
3. That the landlord intends to perform significant works on the property during the tenancy.
The property has an attached garage that leads from our private drive to the kitchen. We do not have access to the garage, and the landlord stores some of his belongings there. At our discretion in the past we have allowed the landlord access to remove some of these belongings. At the beginning of our tenancy the garage door was partially damaged in an attempted break in.
The landlord has now let slip that as part of the works he will be doing for the HMO licensing, he plans to convert the garage in to a seventh bedroom. He considers this a repair. We have told him we will not be granting permission for such works, and that any works falling outside of the HMO requirements will be denied. We do not believe converting a garage in to a bedroom to be an essential repair, and thus do not believe we must grant him access.
Are we correct in our beliefs that the landlord may not commence significant works on the property during our tenancy?
Under what grounds can we deny access to the landlord if he wishes to perform such works?
If the landlord does enter the property without permission, how can we remove him? Police? Council?
4. That one of the tenants is late on rent, and the landlord intends to take action against all guarantors.
One of the tenants is approximately 1.5 months late on rent. They have been late before, and have made as many payments as they are able. Currently they are applying for housing benefit. The landlord has been very obstructive in this regard, including informing the tenant that they were not applicable for housing benefit, and refusing to provide a duplicate of the tenancy agreement when asked.
The landlord has now threatened to contact all six guarantors for the property, unless we 'compromise' on letting him in to do the HMO works and additional garage work.
Under what circumstances can the landlord contact guarantors?
Is there a minimum amount of rent due for him to be able to contact them?
Is he able to contact guarantors if previously the deposits were not protected?
Is he able to contact guarantors if the property is not HMO licenced as it should be?
5. The landlord is making nuisance claims about the tidiness of the property.
When visited by the council, they requested he clean up the garden twice a year as part of his requirements for an HMO license. The landlord has disregarded this, and has asked us to do the garden as we agreed at the start of the tenancy (although our agreement is not specifically stated in the tenancy agreement).
If the council requires him to do the garden work to get the HMO license, am I correct in thinking he cannot attempt to force us to do it? He claims he does not care what the council requires, as he expects us to do it.
He has also stated that he expects the windows to be cleaned regularly. I am taking this as a nuisance request to attempt to find fault with us as tenants and force his way in to do the additional building works. He has stated that if we let him do the additional building works, he will 'compromise' on his requirement for the windows to be cleaned regularly.
We are certainly not trying to dodge our responsibilities as tenants to keep the property in good order, but with a very large garden with large 9ft+ hedge, if the landlord is required to maintain it, we would certainly prefer it. Is this position legally correct?
I would understand that we are responsible to return the property in a similar condition to that in which we started the tenancy. Our inventory (compiled by a third party, but unsigned by both parties unfortunately) lists the entire house as unclean and un-swept. It lists the garden as generally unkept, and the windows as dirty. Thus whilst we will devour to clean the property before leaving, am I correct in thinking that the inventory could act as evidence that the property was not in a clean and tidy state when we started the tenancy?
---
Thank you for any advice you can give. We have aimed to be reasonable and tidy tenants, and have worked with the landlord as best we can. However, his prolonged delay in securing our deposits, and insistence that he has the right to enter the property to perform upgrade works has led us to look for advice.
Regards,
I hope you can offer some advice for a student renting property from a problem landlord. I have tried to work with him as reasonably as I can, but feel that further action may be warranted. I would like some advice as to my rights as a tenant.
I am a tenant in a shared accommodation with six people. We jointly have an assured short-hold tenancy for a 9 moth period which started towards the end of last year, and ends in two months. We have multiple problems with our landlord, and I would like advice on five primary issues:
1. That our tenancy deposits were not protected for a significant period.
2. That our property was not and is not HMO licensed.
3. That the landlord intends to perform significant works on the property during the tenancy.
4. That one of the tenants is late on rent, and the landlord intends to take action against all guarantors.
5. The landlord is making nuisance claims about the tidiness of the property.
---
1. That our tenancy deposits were not protected for a significant period.
Our property was previously managed by a letting agent. At the beginning of this year, the landlord removed control of the property from the agent, intending to manage it himself. At this time at the request of the landlord, the letting agent transferred our deposits out of their deposit protection scheme and in to the landlord's personal account. Since this time we have made repeated requests for information as to where our deposits are protected, and the landlord has made a raft of excuses (including being busy, on holiday, not having the money, that he requires a house inspection first, that a tenant is late on rent therefore he cannot protect the money). Finally, last weak I informed him of my intention to contact the council to reclaim the money. The following day he had protected the money.
Whilst the money is now protected, is is nearly three months since he was transferred the money, and getting it protected has been a significant hassle. Despite being protected, I assume we can still make a claim as subsequently protecting the money should not mitigate his responsibilities to protect the money within 14 days. Am I correct in this assumption?
Is there a time limit on such proceedings? I am very busy currently, and would prefer to commence proceedings next month.
2. That our property was not and is not HMO licensed.
Our property was rented with the landlord aware that he was not HMO licensed. Though he now claims otherwise, he was aware of what he was legally required to do. The council has now visited and required him to make certain changes to the property to become compliant and obtain a license (notably being to introduce fire doors).
Whilst the council may be able to force him to perform such works, are we as tenants forced to let him in to the property to perform those works?
If the required works are a significant obstruction to us as tenants (we all live and study here, and do not want strangers in the house), are we entitled to request compensation for the inconvenience?
Whilst the council has given him a time limit to complete the works, are we as tenants able to make a claim for past rent as the property was rented illegally without an HMO license?
3. That the landlord intends to perform significant works on the property during the tenancy.
The property has an attached garage that leads from our private drive to the kitchen. We do not have access to the garage, and the landlord stores some of his belongings there. At our discretion in the past we have allowed the landlord access to remove some of these belongings. At the beginning of our tenancy the garage door was partially damaged in an attempted break in.
The landlord has now let slip that as part of the works he will be doing for the HMO licensing, he plans to convert the garage in to a seventh bedroom. He considers this a repair. We have told him we will not be granting permission for such works, and that any works falling outside of the HMO requirements will be denied. We do not believe converting a garage in to a bedroom to be an essential repair, and thus do not believe we must grant him access.
Are we correct in our beliefs that the landlord may not commence significant works on the property during our tenancy?
Under what grounds can we deny access to the landlord if he wishes to perform such works?
If the landlord does enter the property without permission, how can we remove him? Police? Council?
4. That one of the tenants is late on rent, and the landlord intends to take action against all guarantors.
One of the tenants is approximately 1.5 months late on rent. They have been late before, and have made as many payments as they are able. Currently they are applying for housing benefit. The landlord has been very obstructive in this regard, including informing the tenant that they were not applicable for housing benefit, and refusing to provide a duplicate of the tenancy agreement when asked.
The landlord has now threatened to contact all six guarantors for the property, unless we 'compromise' on letting him in to do the HMO works and additional garage work.
Under what circumstances can the landlord contact guarantors?
Is there a minimum amount of rent due for him to be able to contact them?
Is he able to contact guarantors if previously the deposits were not protected?
Is he able to contact guarantors if the property is not HMO licenced as it should be?
5. The landlord is making nuisance claims about the tidiness of the property.
When visited by the council, they requested he clean up the garden twice a year as part of his requirements for an HMO license. The landlord has disregarded this, and has asked us to do the garden as we agreed at the start of the tenancy (although our agreement is not specifically stated in the tenancy agreement).
If the council requires him to do the garden work to get the HMO license, am I correct in thinking he cannot attempt to force us to do it? He claims he does not care what the council requires, as he expects us to do it.
He has also stated that he expects the windows to be cleaned regularly. I am taking this as a nuisance request to attempt to find fault with us as tenants and force his way in to do the additional building works. He has stated that if we let him do the additional building works, he will 'compromise' on his requirement for the windows to be cleaned regularly.
We are certainly not trying to dodge our responsibilities as tenants to keep the property in good order, but with a very large garden with large 9ft+ hedge, if the landlord is required to maintain it, we would certainly prefer it. Is this position legally correct?
I would understand that we are responsible to return the property in a similar condition to that in which we started the tenancy. Our inventory (compiled by a third party, but unsigned by both parties unfortunately) lists the entire house as unclean and un-swept. It lists the garden as generally unkept, and the windows as dirty. Thus whilst we will devour to clean the property before leaving, am I correct in thinking that the inventory could act as evidence that the property was not in a clean and tidy state when we started the tenancy?
---
Thank you for any advice you can give. We have aimed to be reasonable and tidy tenants, and have worked with the landlord as best we can. However, his prolonged delay in securing our deposits, and insistence that he has the right to enter the property to perform upgrade works has led us to look for advice.
Regards,