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Woodchips
25-10-2009, 11:22 AM
We had a rather nasty incident involving our landlord yesterday and would appreciate some advice as to what to do next.

A bit of background, we have a rented property that we've been in for 25 months and we gave our notice to leave at the appropriate time and we have up untill the 30th November to leave. The Landlord has found new tenants who wanted to rent the property on the begining of November and we agreed to move out on or before the 31st October so this could happen.

Ever since this was agreed we have been bombarded by phonecalls by the land lord asking what we are going to do to put the house right before we leave, we have explained on numerous occasions that we will clean the house from top to bottom to a high standard and will will re decorate part of the lounge that has some damage to the wall paper. Despite our assurances, we received phonecalls on a regular basis asking to put in writing what we are going to clean and how etc and that we are going to going to re paper the wall and the phonecalls became increasingly more aggresive.

Yesterday myself, my partner, daughter and numerous rubber gloved family members were having a mass cleaning session in the property, (we have moved our belongings to our new address) and the Land lord banged on the door demanding to come in, we said no, simply because it was quite clear that the land lord was acting confrontational, we explained that we were cleaning the property, this prompted the land lord to become abusive, so I shut and locked the door. The landlord started to bang violently on the door with a stick shouting obsenities and tell us to 'get out of his house'. At this point we opened a window and ask the he bear in mind we have a small child in the house and the reaction from the LL was 'so??' The abuse carried on for a while after, and went from abusive to threatening, our responce was to keep the door locked and ignore it and after 15 mins or so the LL left and then spent a further 15 minutes sitting in his car adjacent to the property.

We have 1 more room to clean, and the wall papering to do, but quite frankly we're nervous about returning to the property. So we would like to request that the LL does not come back whilst we're there, are we within our rights to do so? we would also like to cease all contact on the telephone and keep communications in writing now until we hand over, can we do this?

Additional info is that there was no inventory when we moved in to the property and we've never had a certifcate saying that our bond is protected.

Also just to add that the property is in a good state of repair, all bar one room has been cleaned to a high standard, in our opinion, cleaner than when we moved in.

davidjohnbutton
25-10-2009, 11:55 AM
I would suggest sending a letter to the landlord along with the keys saying that in view of his conduct on xday, you will not now finish off the remainder of the cleaning (set down what that is) - here are the keys, and that is the end of the matter.

However, don't expect to get your bond back without a fight or at all. Since there is no inventory involved, the landlord will not be able to claim any repairs/cleaning from you as there is no proof of what the property was like at the beginning of the let.

If there is no bond - well, you have done over and above by the sound of it - your personal safety is paramount and on those grounds and with his conduct, you are justified in not going into the property again.

westminster
25-10-2009, 13:20 PM
We have 1 more room to clean, and the wall papering to do, but quite frankly we're nervous about returning to the property. So we would like to request that the LL does not come back whilst we're there, are we within our rights to do so? we would also like to cease all contact on the telephone and keep communications in writing now until we hand over, can we do this?
Yes, you can ask him not to harass/threaten you! LL's behaviour was serious harassment and, if you choose to go back to the house and it happens again, call the police. Personally, I wouldn't go back and would write to LL as per previous comment (keep copy letter and send with free certificate of posting as proof of delivery). Also, write up a diary of events as best as you can remember, with details of the calls etc, and keep any relevant correspondence/documents/contracts for at least a year. This will help protect you just in case the LL makes any subsequent claims against you; better to err on the side of caution. If you do go back to the house, take extensive high quality photos.


Additional info is that there was no inventory when we moved in to the property and we've never had a certifcate saying that our bond is protected.
Without an inventory or photos signed by you showing the original condition of the property, LL would struggle to prove you were liable for any damage/cleaning.

If this is an AST in England/Wales then you would be entitled to bring a claim for failing to comply with deposit protection, however, you should get legal advice as there are potential cost consequences. A risk-free alternative is to issue a claim just for return of the deposit using Money Claim Online.

http://painsmith.wordpress.com/2009/05/21/proper-place-for-tds-claims/
https://www.moneyclaim.gov.uk/csmco2/index.jsp