PDA

View Full Version : I feel cheated by my LandLady!



w4ffl3s
30-03-2010, 22:05 PM
I moved into the house as a tenant on the 20th of july 2009
When advertising the property for let, my landlady advertised it as £650 per month
We came to an agreement that i could pay the rent weekly i signed the agreement which stated the rent was 155p/w to be paid fortnightly for a certain term of 6 months . i dont know why but i didnt really do the math at the time.
Turns out im paying on average around £671 per month for a 2 bed house with no central heating. which seems a lil unfair.

In december our tenancy agreement expired and she has failed to provide a new one.
I've recently started to fall behind with my rent as ive just had a baby and im struggling to pay the bills on such a low gov. income
Shes called me several times telling me shes falling behind with her bills and needs me to catch up on rent asap
Im really worried that she will serve notice and ill loose my deposit and my family will be homeless!:(

Should i confront her or is this expired agreement still effective?

I also paid a deposit of £650 and have recieved no confirmation of it going into a deposit scheme??

Snorkerz
30-03-2010, 22:44 PM
I moved into the house as a tenant on the 20th of july 2009
When advertising the property for let, my landlady advertised it as £650 per month
We came to an agreement that i could pay the rent weekly i signed the agreement which stated the rent was 155p/w to be paid fortnightly for a certain term of 6 months . i dont know why but i didnt really do the math at the time.
Turns out im paying on average around £671 per month for a 2 bed house with no central heating. which seems a lil unfair.Sorry to be horrid - but you did agree to it.
In december our tenancy agreement expired and she has failed to provide a new one.No need to worry about that - you are now on a Statutory Periodic Tenancy, which is the same as the original AST with the exception that you can leave whenever you want, giving 4 weeks notice. Working out the exact date you can leave will be tricky as it's not calender months - but thats not your issue right now.

I've recently started to fall behind with my rent as ive just had a baby and im struggling to pay the bills on such a low gov. income
Shes called me several times telling me shes falling behind with her bills and needs me to catch up on rent asapThis may explain why she hasn't offered you a replacement AST - although I appreciate your predicament, it is unfair of you to expect her to happily sit by whilst she gets more and more into debt because you are not honouring your agreement
Im really worried that she will serve notice and ill loose my deposit and my family will be homeless!:( If you keep your rent up to date, she is unlikely to be able to evict you using section 8. If she hasn't protected your deposit she won't be able to evict you using section 21. Those are the only 2 legal ways to evict you.
Should i confront her or is this expired agreement still effective?Best not to rock the boat - you still have a legal tenancy.
I also paid a deposit of £650 and have recieved no confirmation of it going into a deposit scheme??Whilst it is not in a protection scheme, you can not be evicted using s21. If the worst came to the worst, you could get your deposit back reasonably easily through www.moneyclaim.gov.uk - but be aware that she could get any unpaid rent or property damage back through the same route.

Rodent1
31-03-2010, 00:28 AM
Just because you havent been informed of protection of deposit does NOT mean that it is unprotected.

LL may well have protected it and neglected to pass the info onto you.

Talk to LL, request dep certificate, pay your rent at the rate that you agreed, your AST most certainly HAS NOT expired, the initial fixed period may have, but as already stated it is now a statutory periodic tenancy - this will remain in place until such time as either you [as tenant ] or LL give notice to end it.

If you took the AST in July and it ended in Dec then this is a 5 mth period - check your AST, it is far more likely to be 6 mths and initial fixed period ended on 19 Jan 10 ????


If you are not ppaying your rent - then LL probably feels cheated by you - which is perfectly understandable.

tom999
31-03-2010, 07:29 AM
If you keep your rent up to date, she is unlikely to be able to evict you using section 8. If she hasn't protected your deposit she won't be able to evict you using section 21. Those are the only 2 legal ways to evict you....Not quite.

Mandatory possession may also be gained if the LL served a ground 1 notice before tenancy's commencement.

Snorkerz
31-03-2010, 08:54 AM
Not quite.

Mandatory possession may also be gained if the LL served a ground 1 notice before tenancy's commencement.True - hence "unlikely". After all there are 8 mandatory possession grounds but number 8 is the most likely.

westminster
31-03-2010, 10:18 AM
Try to imagine it from the landlord's point of view. If she posted on here, she'd be saying:

"I negotiated a rental price with my tenant and she seemed happy with it at the time but eight months later she is complaining that the rent is too high. The tenant is now behind with the rent and I am struggling to pay the mortgage on the property. I've told the tenant this, but she doesn't seem to understand and just says the rent ought be £5 a week less and she feels cheated. Should I serve notice or just cross my fingers and hope the tenant will pay before the house gets repossessed? By the way, the tenancy is now periodic. I obviously haven't agreed a new fixed term in the circumstances."

Charles19
31-03-2010, 10:45 AM
Try to imagine it from the landlord's point of view. If she posted on here, she'd be saying:

"I negotiated a rental price with my tenant and she seemed happy with it at the time but eight months later she is complaining that the rent is too high. The tenant is now behind with the rent and I am struggling to pay the mortgage on the property. I've told the tenant this, but she doesn't seem to understand and just says the rent ought be £5 a week less and she feels cheated. Should I serve notice or just cross my fingers and hope the tenant will pay before the house gets repossessed? By the way, the tenancy is now periodic. I obviously haven't agreed a new fixed term in the circumstances."

Good point and I can see the two sides to this story. One thing seems obvious to me - you cant simply go on and on like this. One or other or both parties need to confront matters and bring a resolution. Otherwise it will build and get worse. It wont suddenly cure itself.
Perhaps your posting is a first step to resolve so well done for this. Remember a LL would or should IMHO consider negotiating over back payments to secure 'something' over 'nothing plus legal trouble' , even if this is below what amount they had agreed initially.
Why not try and agree with LL to pay as much as you can in return for setting a leaving date so he can re-let? Fair?

Chas

w4ffl3s
02-04-2010, 15:45 PM
Try to imagine it from the landlord's point of view. If she posted on here, she'd be saying:

"I negotiated a rental price with my tenant and she seemed happy with it at the time but eight months later she is complaining that the rent is too high. The tenant is now behind with the rent and I am struggling to pay the mortgage on the property. I've told the tenant this, but she doesn't seem to understand and just says the rent ought be £5 a week less and she feels cheated. Should I serve notice or just cross my fingers and hope the tenant will pay before the house gets repossessed? By the way, the tenancy is now periodic. I obviously haven't agreed a new fixed term in the circumstances."

Don't be under the impression i dont pay my rent........... The reason i am behind is that Im on and off of housing benefit as work on the island is mostly seasonal........ the housing will pay 250 out of 310 per fortnight the rest is up to me..... and if it wasnt for the fact that she openly spoke to me when viewing that house that its been in the family for 20 years shes paid her mortgage off i would feel quite bad.......

I've been offerd by the council to have a rent assesor pop round and see if shes charging unfair rent which i havnt agreed to yet as i dont want to tick her off, i said i feel cheated as she told me the house was 650 a month and it isnt...........

As for the deposit being protected, yes i know just cause i dnt have proof doesnt mean its not protected, ive yet to ask......

w4ffl3s
02-04-2010, 15:47 PM
I also forgot to ask if she has the right to count 2 weeks she wants in advance as a debt? seeing as it two weeks i havnt lived here yet?

Snorkerz
02-04-2010, 16:11 PM
I also forgot to ask if she has the right to count 2 weeks she wants in advance as a debt? seeing as it two weeks i havnt lived here yet?

Your rent is due in advance, like everyone elses. Once the 'due' date is passed, it becomes a debt.

What would Tesco say if you went in, loaded your trolley with the weeks food (in advance) and said you'd pay when you'd eaten it!

Bit extreme - but I'm sure you see the point.

mind the gap
02-04-2010, 16:13 PM
Your rent is due in advance, like everyone elses. Once the 'due' date is passed, it becomes a debt.

What would Tesco say if you went in, loaded your trolley with the weeks food (in advance) and said you'd pay when you'd eaten it!

What? You mean that isn't what everyone does? No wonder I get such snotty looks in Sainsbury's.;)

(I guess the only way you can get away with it is by paying with a credit card...)

Snorkerz
02-04-2010, 16:20 PM
Tesco


Sainsbury's

Okay, I know our comparative social standing now - and it ain't good for me :(

westminster
02-04-2010, 18:24 PM
Your rent is due in advance
Only if it says so in the tenancy agreement (according to Tessa Shepperton's Landlord Law Blog (http://www.landlordlawblog.co.uk/2010/01/11/five-things-you-didnt-know-about-rent-3/)), otherwise, the default position is that rent is payable in arrears.

jeffrey
04-04-2010, 13:53 PM
Only if it says so in the tenancy agreement (according to Tessa Shepperton's Landlord Law Blog (http://www.landlordlawblog.co.uk/2010/01/11/five-things-you-didnt-know-about-rent-3/)), otherwise, the default position is that rent is payable in arrears.
Yes, although the 'in advance' can be implied by suitable wording- it need not be explicit.

w4ffl3s
06-04-2010, 11:55 AM
Ok so ive spoken to the landlady, She claims she didn't know anything about deposit schemes but 'is going to look into it' she sounded very much like she didn't believe us as she kept fretting about who was going to get the interest on the money.......then we got onto the issue about the rent, she admitted to telling me the rent was 650 per month , not 155 per week and is wanting to write up a new agreement starting from today, sounds alot like this new agreement is to cover her tracks of failing to put our deposit into a scheme?

I'm aware i can take her to court for the deposit scheme thing, but i dont really want to do that unless she admits i dont owe her as much money as i do( i know that sounds abit didgy). have i got a hook on her because she failed to do this? or when (if) she puts it in a scheme will i no longer have a case?

westminster
06-04-2010, 12:49 PM
...sounds alot like this new agreement is to cover her tracks of failing to put our deposit into a scheme?

I'm aware i can take her to court for the deposit scheme thing, but i dont really want to do that unless she admits i dont owe her as much money as i do( i know that sounds abit didgy). have i got a hook on her because she failed to do this? or when (if) she puts it in a scheme will i no longer have a case?
If the landlady protects the deposit, however late, with the DPS ( http://www.depositprotection.com/ ) then the court will not apply the 3x deposit penalty, i.e. you would lose the claim. Note that such claims must be issued on form N208 and may be allocated to the multi-track, where you would be exposed to the landlady's legal fees if you lost or discontinued the claim.

westminster
06-04-2010, 12:57 PM
she kept fretting about who was going to get the interest on the money.......
Even if the landlady is getting, say, 2.5% interest on £650, that's only £16 per year :rolleyes:

The DPS pays interest at 2.63% below the Bank of England base rate. As the base rate is 0.5%, they currently do not pay interest.

havensRus
06-04-2010, 18:24 PM
Ok so ive spoken to the landlady, She claims she didn't know anything about deposit schemes but 'is going to look into it' she sounded very much like she didn't believe us as she kept fretting about who was going to get the interest on the money.......

Yes, there are a few LLs out there who are "blissfully" (tongue-in-cheek) ignorant/unaware of the requirements for deposit schemes or think its for "professional" landlords only



then we got onto the issue about the rent, she admitted to telling me the rent was 650 per month , not 155 per week and is wanting to write up a new agreement starting from today, sounds alot like this new agreement is to cover her tracks of failing to put our deposit into a scheme?


If you want to be pendantic, £650pcm = £149.59pw.
True, the new agreement maybe to rectify the deposit issue. It may also be she's just being pragmatic, and has decided a bird in hand is worth more than 10 in the bush?
She doesn't have to give you a new agreement. She can just hand you back the deposit, and ask for it again for a new contract ....



I'm aware i can take her to court for the deposit scheme thing, but i dont really want to do that unless she admits i dont owe her as much money as i do( i know that sounds abit didgy). have i got a hook on her because she failed to do this? or when (if) she puts it in a scheme will i no longer have a case?

Don't be so hasty to go to court - it could cost you dear!!

If you owe back rent, you'd be well advised to pay it, regardless of whether or not LL has a mortgage. How many weeks of £5.41 does she owe you? Have you discussed the matter in full and asked her to give you an up to date rent statement based on correct rent amount? jaw-jaw is better and cheaper than war-war...