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mattyg
02-03-2006, 15:34 PM
hiya guys
thank god i found this forum.

ok from the start:
3 yrs ago my father sold the flat where i live to a builder. I was paying £50 p/w to my father and the new LL put the rent to £55 a 10% increase but that was ok however he said why dont i put in an benefit claim for £85 and well split the diff. is said ok at the time but changed my mind the day after we paid our first lot of rent to the new LL our bedroom window blew out ( the window was rotten but was still intact until that night which was very windy)

A: this still hasnt been fixed when its cold outside i can see my breath in my bedroom its cold. I had a letter from LL re the window saying i was £15 p/w in arrears and owed him £645 ( the diff between dodgy claim) either pay for the window myself and knock it off the arrears or pay the arrears and he will fit a window immediately thats coming upto 2 1/2 years ago.

B: Since the LL bought the flat he has not had a gas certificate nor has anyone inspected the equipment.


c: he has now put the property on the market and we have had a surveyor round who said major problems with the roof and all windows in the property need replacing.


I was due to pay the rent last friday (i pay every 2 weeks) and have ignored his calls to prove that after 6 days of not paying rent i have received approx 3 calls a day. and after being in "arrears" for 3 yrs he only made 1 reference
seems paniky over £110 and not over the £1000 odd he thinks i owe him.


sorry about it being long winded

were do i stand i have just had a answerphone message saying he has not been able to contact me and if he doesnt hear from me by monday hell assume ive moved out and change the locks

p.s. in 3 yrs i have not once been late with the rent and even go out of my way to find him to pay him when he should be collecting it

thanks
matt

Paul_f
02-03-2006, 15:46 PM
Ooh! Err! What a todoo!

hiya guys
thank god i found this forum.

ok from the start:
3 yrs ago my father sold the flat where i live to a builder. I was paying £50 p/w to my father and the new LL put the rent to £55 a 10% increase but that was ok however he said why dont i put in an benefit claim for £85 and well split the diff. is said ok at the time but changed my mind the day after we paid our first lot of rent to the new LL our bedroom window blew out ( the window was rotten but was still intact until that night which was very windy) So you're a fool to commit potential fraud!

A: this still hasnt been fixed when its cold outside i can see my breath in my bedroom its cold. I had a letter from LL re the window saying i was £15 p/w in arrears and owed him £645 ( the diff between dodgy claim) either pay for the window myself and knock it off the arrears or pay the arrears and he will fit a window immediately thats coming upto 2 1/2 years ago. Potential breaches under S.11 Landlord & Tenant Act 1985 , Defective Premises Act 1972 & Protection from Eviction act 1977!

B: Since the LL bought the flat he has not had a gas certificate nor has anyone inspected the equipment. This is a criminal offence! - contact your local Environmental Health Officer & Health & Safety Executive Officer


c: he has now put the property on the market and we have had a surveyor round who said major problems with the roof and all windows in the property need replacing. Proof, if you needed it!


I was due to pay the rent last friday (i pay every 2 weeks) and have ignored his calls to prove that after 6 days of not paying rent i have received approx 3 calls a day. and after being in "arrears" for 3 yrs he only made 1 reference
seems paniky over £110 and not over the £1000 odd he thinks i owe him. Harassment!

sorry about it being long winded

were do i stand i have just had a answerphone message saying he has not been able to contact me and if he doesnt hear from me by monday hell assume ive moved out and change the locks Just let him try and say you will see him in court - could cost him £5,000 plus!

p.s. in 3 yrs i have not once been late with the rent and even go out of my way to find him to pay him when he should be collecting it

thanks
matt

mattyg
02-03-2006, 15:52 PM
Thank you for your comments
i forgot to mention i have lived there for over 10 yrs now so its not just a flat its my home

i just feel like i`m at the point were im thinking stuff him let him have it from all angles and sue him for a deposit on a house and buy one i have a corgi mate who is going to check for CO with regards to the heaters and if its dangerous im going to flip

thuis guy is a builder and has alot of propertys

if he changes the locks can i smash the door in to gain entry I paid for the door about 6 yrs ago although that wouldnt have been mentioned in the sale

again thanks

Worldlife
02-03-2006, 19:34 PM
@ Matt

Was your Benefit claim submitted to and approved by the Benefits Office and did you receive any payments based on the information provided?

Worldlife
03-03-2006, 03:04 AM
@ Matt. Just some early morning thoughts.

Matt you state that you have been living at the property for ten years and the new landlord has only had the property for three years.

In addition to the Benefits issue do we have the situation of tax avoidance in that during the time the property was rented to you by your father the economic rent was not being charged and that you were receiving a "benefit in kind"

I cannot see that the repairs you describe arose suddenly during the the period of the new landlord - they indicate long term neglect condoned by you and your father. Did the sale price to the new landlord reflect that the property was in a poor condition of repair and what if any surveys were carried out when the property was sold?


c: he has now put the property on the market and we have had a surveyor round who said major problems with the roof and all windows in the property need replacing. Proof, if you needed it!

In this potential quagmire of deceit there could be a minefield of tax avoidance issues.

I understand that where a property is a family letting the Benefits Office will look at the situation very carefully and I feel that the situation here could be a fiddle that has gone sour.

See Father and son found guilty following Benefit fraud trial (http://www.easthants.gov.uk/ehdc%5Cnewsandvacancies.nsf/0/16D8C1348DA23A498025710F0058EE81?opendocument)

Just as a matter of interest do you have the copies of the Annual Gas Inspection Certificates for the years before the present landlord took over? If the new landlord is guilty of an offence here then maybe your father was too.

Let's work through some of Paul f's answers on the basis that there are written agreements in force concerning the true rent of the property.


3 yrs ago my father sold the flat where i live to a builder. I was paying £50 p/w to my father and the new LL put the rent to £55 a 10% increase but that was ok however he said why dont i put in an benefit claim for £85 and well split the diff. is said ok at the time but changed my mind the day after we paid our first lot of rent to the new LL our bedroom window blew out ( the window was rotten but was still intact until that night which was very windy) So you're a fool to commit potential fraud!

A: this still hasnt been fixed when its cold outside i can see my breath in my bedroom its cold. I had a letter from LL re the window saying i was £15 p/w in arrears and owed him £645 ( the diff between dodgy claim) either pay for the window myself and knock it off the arrears or pay the arrears and he will fit a window immediately thats coming upto 2 1/2 years ago. Potential breaches under S.11 Landlord & Tenant Act 1985 , Defective Premises Act 1972 & Protection from Eviction act 1977!

On behalf of the landlord I would stress that both the tenant and myself appreciated that the market rent for the property was £85 per week and accordingly we agreed an increase of £30 per week. The Benefits Office informed me that was the rent approved by the Rent Officer.

Presumably rental agreements were provided to the Benefits Office to substantiate that the Rent was indeed £85 per week otherwise the authority would not consider benefit at this rate.

The landlord reduced his claim for arrear to £15 instead of £30 per month in order to secure prompt settlement.

The Landlord now intends to issue a S21 notice to claim Possession of the Property at the end of period and may claim the rental arrears in County Court.

After obtaining Possession the Landlord intends to go to County Court for arrears of £30 per month. Will you deny the Landlord's claim and admit fraud or accept that the rent due per the documentation should have been paid to the landlord.

If fraud or conspiracy to fraud is admitted then the tenant will be responsible for paying back the overpayments of Benefit - maybe reverting to the £55 level.

The substantial amount of rent owing by the tenant had seriously affected the landlord's cash flow and in the circumstances he had given consent for the tenant to arrange for the essential works and deduct the cost of them from the rent that was due. This I believe is a tenant's right (and an option to follow) when a landlord fails to complete essential repair works.

Seems the Landlord needs a good solicitor to stand up to Paul f :)

In any Court actions I don't think any party will come out of the conflict with shining armour and the danger is involvement of fraud and tax evasion issues.

mattyg
05-03-2006, 16:31 PM
ok were do i start
1: thank you for all your comments

2: NO housing benefit claim was made i was given the forms i filled them in but still have them.

3: with regards to arrears there are none we agreed to pay £55 p/w the LL has only mentioned this once in a letter basically refusing to replace window (the windows were old and wooden but had glass in them now they dont they are partly boarded up but draughty i did emergancy repairs at 3.30am instead of phoning up LL as i now wish i had)I have also paid less on an occasion leaving an envelope with only £90 and had a phonecall saying i was £20 down but put in next time

4: I believe there was a survey 3 yrs ago however as i said the LL owns a building firm so should be able to spot old windows(a window is a window until the glass falls out then its a hole in the wall)

5: with regards to gas certificates yes we still have the ones from previous years we have a corgi gas engineer as a family friend

6:s21 notice nothing has been served i have had 2 voicemails left 1 on thurs
and another on fri (this one saying will be there 12noon on monday to change the locks)

7: with regards to any dodgy dealings i have been a model tennant i have a fantastic relationship with the shop below and the workshop at the rear (in fact i am a key holder for the shop as the manager lives 40 miles away)
and the tennant in the workshop is a family friend. No fraud or tax avoidance has been attempted or done.(unless the new LL is doing it but thats not my problem)

8: landlords cash flow that made me giggle hes always on holiday drives a brand new range rover and lives in a private cul de sac with only 3 houses
I know what he does with his own money is his buisness. but i dont think he has cash flow problems


Vic I understand where your coming from with your comments looks like your slighltly biased i can understand why. As a landlord your probebly used to dealing with idiot tennants. however i`m not one of them.

I have had a few LL over the years and in the main most are ok this one however is different he sent to heavys round on thurs to "collect" rent but didnt know my address so was asking in the shops next door. luckily i dont get intimidated very easily however my girlfriend is a little differant if she had been in she would have been a wreck and that isnt on.

You have to admit after six days being late with the rent after being on time for the previous 3 yrs is a little off i could be on holiday and forgot to post a cheque or be in hospital following an accident.

Sorry if i started to rant
but he has stepped way over the line and gives decent LL and tennants a bad name

Thanks again
matt

Worldlife
05-03-2006, 20:37 PM
Thanks for your clarification Matt

Being objective and asking further questions does not indicate bias!!!..... For what it is worth I'm now much more orientated to supporting your case. :)

Hope you a achieve satisfactory resolution of this matter.

From what you have written the property may be unfit for habitation under the Housing Acts and it should be the duty of the Council, usually through their Environmental Health Department to issue a repair notice.