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Oct, 2014

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  1. #1

    Default Warning letter re:cleanliness from landlord

    hi all

    Ive posted a couple of times previously about problems with my landlord- no hot water for months and letting himself into the property without notice- but things have been ok for the last few months until last Monday when he let himself into the property while I was in bed (Im disabled and couldnt get to the door fast enough so he used a key). This was to check over the fire alarms as previously the fire alarm box in the hall has been letting out a high pitched beep for 2 months and not functioning at all other than that.Again he gave no notice that he was turning up.

    He checked the alarms and then 2 days later I received a letter from him stating the flat was messy,there was a risk of rodents and I was to clear it up and he would check in 2 weeks. The flat is unfurnished other than a cooker which is clean, the sink is clean as is the bathroom. In fact I have a lady employed by social services who comes in and cleans for me twice a week.

    There was no rotting food,the laminated floor is clean as are the walls.
    Yes,as it was after the weekend I had washing laid out in the living area for my lady to clean for me on Tuesday, there were magazines laying around and it was as untidy as you would expect of a flat that has not been tidied for 3 days. I had also pulled one of my chairs into the centre of the room and put a blanket over it so that I could sit up and watch tv. There are water stains on the ceiling due to the flat upstairs having a leak and the landlord not calling a plumber for 3 days despite me telling him it was leaking into my flat immediately.

    If I had known he was coming I would have obviously got a friend to tidy for me but even so the flat is not unhygenic and nothing is damaging to the property. Can he use this in anyway to have me evicted? I am thinking Id do better living away from here anyway but Im in a 12 months fixed term contract (contact runs out in Feb,I have lived in the property since August 08) and moving for me is a nightmare being disabled and therefore an LA tenant. Because of this I try desperately to keep him happy so this is worrying me very much.
    Obviously I will ensure the flat will be pristine condition when his visit is due but on past behaviour he could let himself in at anytime and I simply cant tidy up after thoroughly after myself everyday which is why I have help from social services anyway.
    Last edited by casleighmay; 05-07-2009 at 02:33 AM. Reason: it was too confusing previously

  2. #2
    Join Date
    Jan 2009
    Location
    Consett, County Durham
    Posts
    96

    Default

    It doesn't matter if the flat was a complete pig sty with rotting food everywhere, rats running around and no semblence of order. Its your home and you can live anyway you choose. He absolutely cannot evict you just because the place isn't as tidy as he likes - I'm in court with a former landlady on Tuesday for precisely this reason, although my situation isn't as clear cut as yours.

    (Having said that, and assuming you have an Assured Short Term Tenancy, he could give you two months notice to leave provided that the two months doesn't expire before the end of the 12 months. But then he could do that for no reason as well)

  3. #3
    Join Date
    Feb 2005
    Location
    London
    Posts
    3,583

    Default

    Quote Originally Posted by bedlington83

    He absolutely cannot evict you just because the place isn't as tidy as he likes ...

    ... assuming you have an Assured Short Term Tenancy, he could give you two months notice to leave provided that the two months doesn't expire before the end of the 12 months. But then he could do that for no reason as well)
    That's confusing and contradictory. A landlord does not require a reason to start eviction proceedings, therefore the second quoted sentence is more correct.

  4. #4
    Join Date
    Feb 2006
    Posts
    3,343

    Default

    The landlord should allow you "quiet enjoyment" of you home. As long as you are not damagaing the property its none of his business how you live.

    I you dont think you can confront him directly, talk to your local tenancy relations officer at the council housing department or CAB. They may be able to have words with him for you.

    I think you need to tell him that his actions are making you consider living somewhere else . If that is his aim, then he is breaching the protection from eviction act 1977; a criminal offence.

    A letter with bullet points about what things are not acceptable for him to do could set the record straight. If you just talk about it he may probably forget. The best thing is to have a chat and give him the letter at the same time.

    You could consider changing the locks temporarily while you live there.
    All posts in good faith, but do not rely on them

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  5. #5

    Default

    Thank you very much for the replies. My friend came round today and the kitchen and bathroom areas are now sparkling thanks to her help. I am unsure whether to call the landlord tomorrow and ask for a specific time for the inspection although when I have done this when he has sa id he will visit before he has still turned up randomly.

    I am considering changing the locks although this will almost certainly mean he evicts me in February when the contract is up and I had a very difficult time finding a landlord willing to take LHA last time I had to move. Im not likely to work again so really I just want somewhere to live quietly in peace for the rest of my life.

  6. #6
    Join Date
    Feb 2006
    Posts
    3,343

    Default

    Quote Originally Posted by casleighmay View Post
    Im not likely to work again so really I just want somewhere to live quietly in peace for the rest of my life.
    I understand this, but are you prepared to settle for him 'helping himself' for the rest of your life? If you are not, then confront him in a non-threatening way and sort it.

    He is likely to want a long term tenant unless he is some wierd control freak who wants control more than the rent. Assuming he is not a freak, he must value your hapiness if you are to stay , so there must be a way forward here.

    Hope it works out.
    All posts in good faith, but do not rely on them

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