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foxyfantastica | Nightmare UK Landlord? |
I hope you can help..
I have lived in a shared flat with 3 others, including a chap who co-owns the property with his uncle. He has never sorted out a written tenancy agreement although we have asked him to do so. He is very anti social and will often not talk to us for no reason and puts his television on very loudly at night, which disturbs our sleep. He wanted us to all to contribute to a hoover that we had asked him to buy when we first moved in. He has had a party and invited his friends without asking us first, told us that he would need to use our bedrooms for them to sleep in. 2 of us refused and left the property for the weekend as he made it quite clear that the party would go on regardless of whether we wanted it to or not. There was some damage caused at the party and he has said that he will take money out of our deposits for it although we were not there.
We have finally had enough and have handed in notice. Although he claims otherwise, there was never any.... Additional Details verbal agreement with him about the length of tenancy or notice period. (In retrospect i don;t know what i was thinking there, but hey ho). He changed the rental dates and demanded more money for the first month than he had first requested in the ad and prior to me moving in. As a compromise, he said that he would use the deposit as a months rent and has now said that he didn't do that, and that i owe him rent. He apparently still has the deposit 'somewhere'. I am now moving out in the next 2 weeks after he has had 3 weeks notice and he is becoming more and more volatile. Last night he refused my rent in cheque form (which is how i have always paid it) and demanded that i give him cash. I have refused and have put money into his bank account as his attitude at the moment is that there is no proof of us being his tenants. He has threatened that tonight if the money has not cleared in his account then he will change the locks on the front door and bedroom doors. Is he allowed to do this? |
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herr fugelmeister
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find another place asap, with-hold all future payments leave no fowarding address and if all of the flat mates move out too super glue all the locks and stick a dead fish behind the radiators and under the floorboards. hes taking the piss. |
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acierinox
|
perhaps now is a good time to create a 'diary of events' so that you can go to the CAB with some coherent information
it sounds that you have the upper hand legally. you could contact the cab and do it that way or just leave .... depends how angry you feel! |
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Butternut27
 |
First of all as he is a co owner of the property if he wants to buy a hoover he should not ask you to contribute.
If you were the one with the loud tv he would have thrown you out..The fact that he has conveniently not written up a tenancy agreement will work in your favour.
He cannot use your bedrooms without your permission or by force...you are paying him rent for those bedrooms and all the communal space.
Speak to citizens advice...my concern is where your deposit has been held?...the law changed in April'07 and landlords no longer hold the deposits due to previous abuse and so legally it should be difficult for him to abuse your deposit.
You can take him to small claims or threaten too...bet he'll change his tune...the law is on your side!
Good luck... this kind of person gives other investors a bad name...amateur |
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charterman
|
No, he can't change the locks and keep you out. If he does call the Police but make sure you have some proof on you that you live there like bank statements or other bills.
If it comes to that, you are going to feel very vulnerable and uneasy at being in the house with him. Can you not make arrangements with friends to stay with and collect your belongings?
If you have paid the rent via cheques, there will be a paper trail to him. I'm sure the Inland Revenue would be very interested!!.
He sounds weird and dangerous, move out. When you come home at night from working all day, you want to relax and have a bath,something to eat and go to bed early in your own private space. Not having to sleep in your bed after some stranger has slept in it with God knows what. Get OUT. |
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stormydays
 |
As he shared the property with you you have the most basic of tenancy possible...as an excluded occupier
However...this works both ways for you really. You did not need to give him notice (or he you). Shame you have paid him the rent whilst he still holds your deposit...that was not the best of moves considering your limited rights anyhow
Anyway....if he is refusing to return your stuff....that is theft. Involve the police or find a local solicitor offering a free legal clinic which should just about give enough time for a letter to be written to landlord demanding your belongings and your deposit back
As for proof of living there...that wouldnt be required but if you prefer to have something then surely you have something with your name and that address on???? or your address there is noted with your GP ? or similar |
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SUE G online
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what a nasty man, trouble is without a proper tenancy agreement, there isnt alot you can do, best thing is to move out like you are planning, good luck |
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DARREN A
 |
With no agreement you can just walk out and there's nothing he can do.He cannot demand a notice period or money.He'd probs find some reason to keep your deposits anyway so just cut your losses and get out now with a lesson learned |
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Cat
|
No rental agreement makes things rather difficult. You do not say how long you have lived there, if it has only been a short while I doubt very much if you have any legal recourse other than taking him to the small claims court for your unpaid deposits and or return of rent where you have not completed living there for a specific rent period.
If there is no agreement there is no notice required so you can leave at any time you choose.
Its a shame that you have paid him any additional money. I suggest that if you have somewhere else to go that you leave asap. You could pop into your local police station and explain the situation and say that you would like them to escort you to the premises to recover your stuff as you think that there may be a breach of the peace and you are scared to confront him whilst you collect your belongings.
If you are renting a flat/house always make sure you have an assured shorthold tenancy agreement (valid minimum 6 months) or if you are sharing a house with an owner/occupier then get a written tenancy agreement specifying rent/notice period/details of deposit etc. Sharing a house with an owner occupier is legally a different situation from renting your own place alone or with others. But at no time if you have rented a room are they entitled to tell you to vacate it so there friends can sleep in it after a party!
Good luck but Im afraid that you are going to end up financially out of pocket to some extent. I really would not stay in this unpleasant situation for longer than you have to whether you suffer a financial loss or not. |
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Big kid
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Sounds terrible. Whats your question? |
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philhoonoseitall
 |
Unfortunately for you the law on renting a flat is diferent from the law regarding letting somebody live in your own home.
He has more rights as you are living in his home.
As opposed to you living in a property he has bought to let.
You can have somebody living in your home under the room to let scheme and earn up to 4250 pounds sterling per year without paying tax. If you let a flat that is not your home you have to pay tax on that.
My advice is to just go, make sure you owe him as much rent as you can and find some friends to share with but NOT in somebodys house.
He wont chase you whatever you owe him, he knows he is treading on thin ice by not giving you a lease [thats a legal requirement and can work in your favour] he will never take you to court.
You will probably lose your deposit but going to court is not worth while.
Never go into any place without a proper lease.
You are better off not living in somebodys own home.
Just make sure you owe him money when you go. |
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