PDA

View Full Version : Is my LL being greedy?



wheato
20-02-2007, 08:37 AM
Need some advice here.

Just to get on overaul picture, I was renting a new 4 bed property for just over three and half years, during the first 12 months the property was with a managed agency. My LL decided to go personally on a one to one with no contract and save himself £80 per month and drop my rent by £20. During my tenancy and with his permission at no cost to him, I extended the patio, built a brick BBQ installled security lighting at the back, landscaped the garden, installed outside tap, installed Parquet flooring in the hall due to the carpet becoming heavily soiled even though I had a carpet run on it, plus other small tasks. Due to the properties location, basically for the first 30 months the area where we were located was like a builders yard, hence lots of dirt, dust and mud, no proper pavements no street lights and still the road to date is not finished

About 18 months ago my neighbour a policeman was alerted by his dog, and caught someone trying to break-into our two the properties, within a few days I installed a security light and 2 months later we too bought a dog. LL saw the dog on only his second visit in 2 years and had no objection due to the cicumstances. During the tenancy the LL has done no maintance or upkeep on the property except call me to arrange access for the gas boiler certificate, the only financial contribution if any was he left 30 ltr of fence life which I duely put on.

I installed Sky TV, TV Ariels, and arrange telephone connection all at my own cost.

Now this is where things get nasty.

I terminated my contract with him about 5 weeks ago and gave him only 3 weeks notice instead of 4 due to moving to my own property and the chain wanted to move that quick. He knew I was moving as verbally I told him around 3 months ago that we had an offer accepted on a property just up the road. He came the next day and started by saying he wanted the full 4 weeks rent, any damages to be carried out, to the degree of even replacing the bricks where the sky dish had been drilled, not happy about the dog even though it has caused no damage what so ever, and insisted on a deposit which he had not requested before, there and then.

We moved out a week earlier then our notice period to allow him an extra week to freshen up the proerty. I went round with a key and he started again saying the house was in a disgusting state of repair and that it needed painting from top to bottom. I agreed that the walls after nearly three and half years needed a freshen up, however the ceilings, gloss work and doors where still in a virtually new condition, I agreed that the carpets where very dirty in certain areas and needed a deep clean, but given the conditions we lived in and the fact that he got a deal from the builder and carpeted the whole house only £1000, they would clean, but not to a new state. He had to take into concideration, "fair wear and tear"

A week ago he advised me that a painter was going in and repainting the whole house in Magnolia and white gloss, this was walls, doors, skirting, ceilings and would cost £1500 which he wants me to pay half. I was obviously shocked as the walls only needed a freshen up, and he wanted me to go around at the weekend and shampoo the carpets.

I said he was being unfair as he had not done any maintenance on the property during our tenancy and that if I wanted to, my understanding is that I was within my rights to requested the property to of been painted after 3 years anyway at no cost to me.

So I flatly refused.........

For some reason he pointed at that he had saved over £1500 not using a manged agency and he would lose that money in redecoration, and...?

Let me also point out, my LL remortgage the property 18 months ago getting a 2 year deal at interest free without advising the lender that he had sitting tenants and the mortgage would be a buy to let. All his post and correspondance was sent to the house even though he lived around the corner and on one occasion phoned me and said that if anyone came around to survey the property or called could I say that I was him?

I am not a mortgage advisor but would guess that this was a money saving excercise, by deception (the LL is a fullly qualified accountant)

As I refused to contribute to the painting of the property, he called at my new house last weekend with his father in law, firstly to get the last door key and some paperwork, at this time his fathe-in-law then asked me for a contribution I said "NO" due to the circumstances, he then verbally abused me with foul language, in front of my children, tried to force his way into my house, then threatened me with violence. Eventually he said he would send the bill for the whole amount and if I did not pay would take me to court......

I beleive I was a good tennent, making a home for me and my family as I knew it would be long term tenancy. He was very happy taking just over £30K at the time and now he has an empty property things have turned unpleasant.

Anyone, please advise me of what to do...........?

lorenzo
20-02-2007, 09:17 AM
I think the 4weeks notice/rent is valid and only fair, but the rest sounds a bit unreasonable.

I'll ask what everyone else would ask... was there an inventory? If not (and it doesn't sound like it) he doesn't have a claim.

... and perhaps there is an issue of harrassment?

wheato
20-02-2007, 09:59 AM
Lorenzo

Thanks for the reply...........

We came to an amicable arrangement and I paid him cash as always for the 3 weeks outstanding as he thought he would let the property within 2 weeks after I had moved. Obviously this has not happened hence the harrassment and now he is trying to hit us with a hefty bill.

I signed a contract with a managed agency for the first 12 months, which highlited several items that were in the property like curtains, carpets, blinds etc. However I had not signed a contract with him as he believe the old contract was still valid with regards to inventory T & C's.

Due to the fact that my rental due date changed from 10th to first of the month and my rental amount differed should I not have had a new agreement and as such the old contract would be null and void?

Should his responsibility of been to arrange for new contract to be signed every 6 or 12 months with regular inspection?

Am I within my rights to remove the TV ariels and Sky dish without any come back (I dont particulary want them I guess it's just principle)

Poppy
20-02-2007, 12:52 PM
You can ask the landlord nicely to gain access to remove your TV aerial and satellite dish. You should also agree to repair any damage caused to his property by removing the equipment.

Do this as soon as possible. Don't let it drag on.

Paragon
20-02-2007, 13:02 PM
He would not have saved £1500 by not using an agent. Assuming 40% tax writeoff on the income, he saved £900. Any repairs he makes is also a write off, therefore, it doesn't actually cost him the full amount he says.

I wonder if he doing his tax returns properly - you may want to ask him just out of concern for his well being.

Poppy
20-02-2007, 13:08 PM
I wonder if he doing his tax returns properly - you may want to ask him just out of concern for his well being.
Is this a joke? Otherwise it's an ill-conceived idea to say the least.

lorenzo
20-02-2007, 13:11 PM
Is this a joke? Otherwise it's an ill-conceived idea to say the least.
Wry smiles here :cool:

wheato
20-02-2007, 13:18 PM
Not sure if he is doing his tax returns or not, however he is a fully qualified accountant so I guess he knows the risk's if not. What I am interested in is the way he re-mortgaged the property without informing the lender that he had sitting tennants and did not disclose it would be buy-to-let.

No expert here, but do you not require special insurances and require the rental value to at least meet the rental amount. Also is the interset rates lower on a standard mortgage than a buy-to-let?

Poppy
20-02-2007, 13:21 PM
Don't try and get one over your ex-landlord. It's not worth it.

Concentrate on getting your stuff back.

wheato
20-02-2007, 13:46 PM
Thanks for the advice.............

Your right, I don't need the hastle he can keep them, I don't need them anyhow.

Will keep the mortgage issue if there is one, on the back burner just in-case it gets nasty......

jeffrey
20-02-2007, 13:51 PM
Thanks for the advice.............

Your right, I don't need the hastle he can keep them, I don't need them anyhow.

Will keep the mortgage issue if there is one, on the back burner just in-case it gets nasty......

If you insist on stirring it, you can verify mortgagee's identity via HM Land Registry; all ownership records will show to whom the property is mortgaged.

wheato
20-02-2007, 14:08 PM
I know he has the mortgage on the property as he has the mail sent there and he told me what he was doing regarding remortgage to get a better deal.

Obviously by deception.....?

I don't want to stir anything up, but when you are threatened with physical violence and behaviour on your own door step, you don't know what or who's around the corner..........?

thesaint
20-02-2007, 15:32 PM
I know he has the mortgage on the property as he has the mail sent there and he told me what he was doing regarding remortgage to get a better deal.

Obviously by deception.....?

I don't want to stir anything up, but when you are threatened with physical violence and behaviour on your own door step, you don't know what or who's around the corner..........?

Tell the Police, if this is a concern.

RichieP
20-02-2007, 15:45 PM
ooer. What with chasing mortgage fraud and abandoned microwaves (see other thread somewhere on here), it's no wonder the police don't have time to tackle real crime.