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View Full Version : Communication with landlord, can I have some advice?



burningflame
11-04-2010, 16:33 PM
Moved in November 1st, paid 1st months rent, 1st Decemeber he emails me saying payment hasnt arrived and can I chase it up, it has already left my bank and has been paid and he constantly sends emails saying it hasnt arrived.

Eventually around 10 days later he says it arrived but doesnt say when but mentions it has no reference number so he didnt know it was mine(I used my first name and house +room number)

Same problems in January and he claims I am a bad tenant and deliberately paying late and if it wasnt in within 48 hours he would evict me(which I know is illegal)

Feburary and March's payments have gone through fine but not April and he sent me an email Wednesday but I have been away and another today saying I am avoiding his emails again and what a bad tenant I am! I reply and mention that he has never once rang me and if theres a problem thats the fastest way since I dont have home internet and he replies that he always contacts via email incase there are issues in future with tenants he can prove it in court he contacted tenant and when, and asks for me to confirm receipt of this email!

The landlord has had other problems such as the cooker breaking and him not being bothered, a smell of gas and him just saying live with it(though it went away after 2 days) the icebox in freezer breaking and him saying we had to pay for it to get repaired despite no inventory and him threatening to evict every tenant in the house after one had some friends round one night and all they were doing was talking downstairs(I heard them as had room above) since the neighbours bedroom was against their wall and kept them awake.

I have a broken lock on my door but again he says its my responsibility to fix

Anyway I was thinking are email communications valid? I am in quite a mood with him and feel like not just its my word against his but he is acting as if my emails and comments are invalid and just because he says rent is late if it went to court thats proof enough.

Should I reply to his email as I am worried if I dont he will claim I havent been in constant communication.

westminster
11-04-2010, 18:02 PM
Moved in November 1st, paid 1st months rent, 1st Decemeber he emails me saying payment hasnt arrived and can I chase it up, it has already left my bank and has been paid and he constantly sends emails saying it hasnt arrived.
Are you paying by standing order? If so, I would get a letter from the bank confirming that payments are sent on [insert date] every month, and send the LL a copy of the letter. If not, I would set up a standing order, just to get him off your back.



Same problems in January and he claims I am a bad tenant and deliberately paying late and if it wasnt in within 48 hours he would evict me(which I know is illegal)
Correct, if you have an Assured Shorthold tenancy for your room, and the LL isn't resident in the same house, then LL cannot evict you before the end of the fixed term unless you are in serious breach of contract (such as being two months behind with the rent), and unless he first sends you the proper notice, and secondly obtains a possession order from the court (the whole process can take months). But if LL is resident, then you're a lodger with much less security of tenure.

BTW is this an HMO (house in multiple occupation - how many tenants/floors in the house), and if so does LL have a licence?


The landlord has had other problems such as the cooker breaking and him not being bothered, a smell of gas and him just saying live with it(though it went away after 2 days) the icebox in freezer breaking and him saying we had to pay for it to get repaired despite no inventory
I have a broken lock on my door but again he says its my responsibility to fix

Responsibility for the appliance repairs depends on what it says in your tenancy contract. As for the gas - this is more worrying. Has the LL provided a gas safety certificate, either to you, or displayed in the property somewhere?


Anyway I was thinking are email communications valid? I am in quite a mood with him and feel like not just its my word against his but he is acting as if my emails and comments are invalid and just because he says rent is late if it went to court thats proof enough.
Yes, emails are 'valid' but not enough to prove you've been late with the rent. All it would take to defend such an allegation is evidence from your bank of the date payments went out. Also, late payment of rent is not a mandatory ground for eviction (owing two months' rent is) so, if LL tried to obtain a possession order, it would very unlikely to succeed if you showed the court that the payments went out in good time.


Should I reply to his email as I am worried if I dont he will claim I havent been in constant communication.
Better to reply than to ignore the email - it's important always to behave reasonably (however unreasonable the other person is). Why are you reluctant to reply?