View Full Version : What are my right Landlord still has his possesions in the house I rent
I rented a property for a certain amout, signed the tenancy agreement. The property has 3 bedrooms. But I only have access to two. The bedroom has the landlord's stuff in it and so does the conservatory. I never agreed to paying the rent for having access to 70% of the house. A list of his poessions was never made. I never signed any agreement to look after his property.
I told him before I was to move in, that I was not going to be held responsible for his possessions and he sholuld remove them. He did not as he disappered for months by leaving his agent to deal with it ( mate).
What rights to do I have? Can I get some of the rent back, I am lilable for his property, can I remove it? I have told the landlord I am going to remove is property and he said if I do he will charge me and make me Liable for them, what are my rights in this situation?
The rent is way too high for just a 3 bedroom house, never mind 2, can I get make a claim for unfair rent or gets a reduction in rent etc?
Also the landlord came to my house unannounced late at night, not letters were given, nothing, so what can I do about that. Also he has had my housing benefit stop even though I am not in 8 weeks arrears and can prove it. Can I use this as proof of harrassment as well.
11-11-2005, 22:21 PM
1. You should write to the LL and tell him to remove his possession by xxx date, you should tell him that you will have it put in storage and retain the cost from the rent. He will have a hard time recovering it from the courts. Whilst you are in possession of this house, its your home, treat it as such.
2. You almost certainly have no claim for unfair rent as you agreed to it when you signed the contract. You would have a claim if he put the rent up unfairly, he would have to serve a section 13 and you would have 1 period to make a claim.
3. You have a right to quiet enjoyment of your home. Gather evidence of his visits. He is only allowed to enter the house if he gets your permission with 48 hours notice. If this continues, tell him you will contact the police and make a complaint for harrassment.
4. Contact the HB people and explain the situation, they will advise.
Ah the first point
The housing act says I cannot stop paying in rent or part of rent due to what I believe the landlord does, as this can be grounds for him seeking possession.
So I cannot do this, what do I do now?
11-11-2005, 22:36 PM
What? You have legal rights to deduct incurred costs from the rent. You mean housing act, or tenancy agreement??
11-11-2005, 22:37 PM
Where in the housing act does it say this?
11-11-2005, 22:44 PM
I think you mean the tenancy agreement.
The LL cannot make a clause whereby he can fail in his obligations and give you no recourse, as such it is a unfair term and will not stand up in court. The LL has rented you this property for exclusive use and if he has not fulfilled his obligations you can sort the problem regardless of his term, a judge will favour you in this case. Remember, you cannot sign away your rights by signing a contract with the LL despite what it says.
I have been told by the local council advice that I cannot as the landlord can use this as evidence as non payment of rent and when it builds up to maxium of two months rent he can use a section 8 for owing two months rent, he could also use clause 9 and 10 for being late with rent of section 8. I have never seen any legal document that states I can deduct from the rent. Orignally I though I could do this as I was going to charge hm 30 pounds a week for having his stuff in my house, but I was told I cannot this.
If you can provide any legal documents that says I can, I would be most grateful.
No its not in the tenancy aggreement, it was on the housing advice webstie, any local council has these section, loook up with hold rent and that is they write.
11-11-2005, 23:04 PM
You will find not law saying you can withhold rent, however, what you are in effect doing is putting the ball in the LL court.
If you hold £30 per month, you will have to build up 2 months of rent for ground 10 to apply, say you are paing £600 per month, that means it will be 40 months before the LL can go for possession in the courts on this ground. When you are taken to court, you can plead to the courts that you were placed in an impossible position and can provide reciepts on how the money was spent. I would bet my ass that the judge will favour your position and not grant possession.
In terms of the council website, they are giving advise based on the book, not what practicle. A recent example is a quote from Marveen Smith on the issue of holding the last months rent in lieu of the deposit. Every official article will say you should'nt. Have a look wht she says:
Question from Tim: I'm worried that my landlord won't return my deposit. Shall I hold back my last months rent?
Marveen Smith: Strictly speaking it is breach of the tenancy agreement and a lawyer should not really advise you to do so. However, if you fear you will not get your deposit back, it may be better to be in a controlling position, not to pay the last months rent and leave him to take action against you in the Small Claims Court for any damage or rent arrears the landlord thinks are due. It might be advisable to speak to the Citizens Advice Bureau before taking such action.
Thanks for the reply, but i would love to get a 40 month extention but I cannot.
I am already in arrears but not two months worth, I was conned into signing my tenaancy agreement and I have no legal way out of it. I must pay the money stated, becuase I was did not see this aggreement as binding, and he did see it as binding, I built up arrears with out knowing it, it just depends where he starts the arears build up, etc.
Any way I owe rent but because of this con he can get me out any time now.
Whats the oldest landlord con in the book and I fell for it. Surely though I must be able to money back becaue i have being paying full rent for a 3 bedrooom but not having access to it. Also i have 5 children sharing in 2 bedrooms mine and the other one.
It seems I have no legal rights whatsoever, the landlord can do what he wants ripp me off and it is all legal.
11-11-2005, 23:26 PM
You need to be strong and stand by your convictions, you wil be suprised whatrights you do have. Ill hand over to some others to reassure you as I understand your concerns and need for clarification. I wish you luck
11-11-2005, 23:32 PM
You should follow dazalock's advice number (1) a judge would have to decide if he decided to take you to court, I don't believe a judgement would go against you. Try and conduct all communication in writing, keeping copies and getting a proof of postage. Advise him you retain the removal costs and storage costs.
What I wannt to do is counter sue and get money from the rent I have paid. His stuff is in my house now.
I put some stuff in the garage as my youngest who is 9 months old fell out of his moses basket, as he getting too big for it now. We could not put the bigger cot in as we had no space to put our stuff, so I decided to put some of the land lord stuff out into the garage. The point is my landlord will try to sue for damages. Well better than that and a dead baby. I am a not joking either.
I should be able to get the money back. I did not sign a agreement to look after his stuff, I did not sign any items lists of what possessions he has in the house, so i should not be liable if he says stuff is damaged or lost. I did not sign a tenany for restriction of the house and only 2 bedrooms. I did not sighnto have his sofa isnthe parlour and then be charge with repsonsibility.
The laws says I am liable for agreements signed and in the tenancy agreement, no where does it state I have admitted liablity for these possessions.
I should be able to sue for monies over paid, surely he has broken the terms of the tenanncy agreement?
12-11-2005, 08:25 AM
The problem being that you have taken no action to sort the situation before this. You are correct that you did not sign an agreement to store the LL possessions, BUT, the LL didnt not sign an agreement to have you store his possessions for a reduction in rent. You cannot expect to be awarded compensation for actions you have not taken to resolve the situation when it arose, i.e. when you moved in. What is important is that you take action now and move forward, do as I have advised and move on.
I would like to add at this point, that if the LL wants you out, and I dont know the details of your AST, but he could issue a S21 and give you two months notice. He need not give any reason for this. The point being, do you feel this is a good home to be living in, the stress of this situation is occupying your mind from enjoying your children. I know words are cheap, but if it were me, I would cut my losses and find a nice place with a nice LL.
Also, please try and get your rent upto date, this will ultimately erode your position.
I really do hope things work out for you, Im sorry if the above is not what you want to hear but it is my honest opion.
My very best regards to you. :)
12-11-2005, 09:26 AM
I totally agree with dazalock here, very good advice. Realistically, all you are likely to get is a court order to order the removal of the items. You will not get any compensation, as there is simply zero basis for it. And, again as dazalock rightly says, it is easy to take a stand on principles, however, you can lose the property with no reason given. If you are otherwise happy with the property, and wish to stay, unfortunately you almost certainly will lose it unless you simply "put up and shut up".
12-11-2005, 21:37 PM
BTW Its 24 hours notice in writing not 48 as stated earlier for landlord access. And this only applies for the landlords right to inspect for damage in order to fulfill their repairing obligations under the Landlord and tenant Act. This including the tenants right of quiet enjoyment are both implied terms in all tenancies.
This has been discussed several times before and although there is not a complete concensus some say 3 months between inspections others 6 months or a year. Thus balancing the landlord and tenants rights fairly. The tenant can refuse but the landlord can go to court to enforce the right where the judge will look at why the landlord wants access and if applicable will look at the circumstances of the tenancy and the frequency of visits to determine whether the tenants rights have been infringed.
Despite what may be written in the AST about landlords access rights, terms giving a landlord a blanket right of access are probably unenforceable and breach the Unfair terms in consumer contract Regs.
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