Help with an awkward landlord / house letting

[Alee]

so last week i txt my landlord telling him that he needs to give me two months written notice...he turns up at my house 2 days later with my notice. hes backdated it so now i have to move out earlier! i text him again and told him i wont be able to move out by the end of the nothice (20th) , as i havent even found anywhere and still havent saved enough money. Within 20 minutes he turned up at my house with his new wife telling me that he wants to know when im going to be out...I coudnt give him a straight answer because i still havent found anywhere to live. His wife then opened her mouth and was very rude saying that i have destroyed the house and that she will be taking me to court and charging me for damages...i asked her what damages ...she said because i have decorated the bedrooms( which i was given permission off my landlord to do) and because i painted a set of draws ( which were actually completly fallen apart and broken when i moved in ) . I got very annoyed with this women attitude and when i askewd her to leave she refused!
anyone have any suggestions?
thanks

 

[Gramaisc]

Citizens' Advice Bureau, North Walls.

 

[wizzard]

For a start you can tell him to back off and stop harrassing you. If necessary get a restraining order if he comes back round again.

As far as I'm aware he cannot backdate your notice, I believe your notice is from the date he came round and handed it to you. And as for asking you to leave on the 20th is illegal, you would have until at least january to move out, he's going to have to try and take you to court to get you out. Which could take at least 6 months.

Was an inventory taken at the time you moved in?

So he's got a choice he legally enforces the notice with the correct form and waits 2 months, or he goes to the extreme costs of a court battle to get you out and you end up there even longer than he intends for you to be there.

Don't be bullied by him just because he's a private landlord, he has to follow the law like everyone else does.

 

[tek-monkey]

Worth saying who it is, make sure nobody else here ends up renting off them?

 

[Alee]

thanks for your replys, no an inventory wasnt taken. I will say who it is when I have moved out ...i'm sure most of you will know who he is

 

[Alee]

also how can they take me to court for damages ? ...isnt that what i put a deposite down for?

 

[Gramaisc]

The date that you paid a deposit is quite important. If it was after 6th April 2007 then it must be held in an approved scheme of the landlord's choice, but it has to be paid in within three weeks, I believe.

I'll stick with my 'go to the CAB' advice above.

 

[wizzard]

also how can they take me to court for damages ? ...isnt that what i put a deposite down for?

It isn't court for the damages, you could apply to the court and say he isn't giving you the legal notice he requires to give you by law, as Gram said, go to CAB tomorrow, everything changed in 2007, not just the deposit scheme, to prevent landlords from doing what your landlord is attempting to do to you.

 

[Alee]

i definatly paid depsoite after april 2007 but i know it hasnt been kept in approved sheme...I have only recently heard of this scheme so never really knew about it... i will definatly be going to cab... iv had enough of this mans dodgey dealings ...he thinks he's untouchable.
speaking of untouchable...is it a legal requirement to have gas /elctrical safety checks every year in rented property? i know there hasn't been one on this house since 2009...and i have the certificate to proove it...electrics in this house are very dangerous...

 

[wizzard]

This page might be of interest if he hasn't protected the deposit:

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1085508746&type=RESOURCES

 

[Gramaisc]

If you don't protect your tenants' deposits when required to, your tenants can take you to court and you may have to repay them their deposit plus three times the amount of their deposit. You will also be unable to seek possession of your property in certain circumstances.

'Protect' means 'use one of the three approved schemes'. But do speak to somebody that really knows..

See - http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/DG_189120

 

[Alee]

This page might be of interest if he hasn't protected the deposit:

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1085508746&type=RESOURCES

thanks , that definatly very helpful!

 

[Rikki]

speaking of untouchable...is it a legal requirement to have gas /elctrical safety checks every year in rented property? i know there hasn't been one on this house since 2009...and i have the certificate to proove it...electrics in this house are very dangerous...

A landlords gas safety check must be done every year or the landlord could be fined up to 20K (I think) or even sent to prison. Your supposed to be given a copy of the certificate as well. Electrical checks are required but not every year, I'm not sure on the time between them but I'm sure google will tell you.

 

[Gramaisc]

Five years seems to be the normal electrical re-test period.

Gas and electrical installation and appliance safety

As a landlord, you are responsible for making sure that any gas and electrical installations in your rented properties are safe.

Gas installation safety

If you let a property connected to a mains gas supply, you must arrange an annual maintenance check of gas pipe work, appliances and flues. This should be carried out by an engineer registered with the Gas Safe Register - formerly Corgi.

You should keep inspection records for at least two years and give copies of the reports to your existing tenants within 28 days of each check. You should also give copies to new tenants before they move in.

Your tenants are responsible for any gas appliances they own, but you must still maintain the parts of any associated gas installations - like flues and ventilation grilles - and the pipe work.


Electrical installation safety

At the beginning of each new tenancy, you should ensure that electrical installations - like fixed wiring - are safe and well maintained. Any electrical appliances you supply to tenants - like cookers and kettles - should be safe for them to use.

You should carry out regular inspections of fixed electrical installations - like sockets and light fittings - every five years. You should also arrange, at least once a year, for a qualified electrician to carry out a portable appliance testing (PAT) safety test on any portable electrical equipment you provide for tenants, like kettles. The PAT tester will give you a dated certificate and put stickers on the plugs of appliances to show that they are safe.

 

[wizzard]

It would seem this landlord is digging himself a real big hole.

 

[Alee]

i went to the council the other day to get sum advice with finding a house, i spoke to a nice man about my situation and supprisingly soon as I mentioned my landlords name he knew exactly who he was and all about him. apparently hes been in this situation before... would think he would have learn from his mistakes by now. He owns a few shared houses around stafford aswell, and hes a window cleaner and also runs a shop! makes me wonder why hes threatening court action ...surely he hasnt got a leg to stand on?

 

[John Marwood]

i went to the council the other day to get sum advice with finding a house, i spoke to a nice man about my situation and supprisingly soon as I mentioned my landlords name he knew exactly who he was and all about him. apparently hes been in this situation before... would think he would have learn from his mistakes by now. He owns a few shared houses around stafford aswell, and hes a window cleaner and also runs a shop! makes me wonder why hes threatening court action ...surely he hasnt got a leg to stand on?

I wish you luck

Window cleaners without legs usually work in Bournemouth where there are more bungalows

Apparently the head boy has found 83,500 new homes down the back of the sofa

 

[Admin]

What a terrible situation to find yourself in, Alee; and so close to Christmas.

Fortunately, as you can see you've come to the right place. Rikki is one of the most well known and respected building & heating engineers in Stafford (I'm sure you've seen his Ogden's van around town) so listen to his advice there, and Gramaisc can offer advice on... Well... Just about everything, it seems.

As others have said, you are the one holding all the cards here, do not let this 'man' walk all over you.

wizzard put it best:

Don't be bullied by him just because he's a private landlord, he has to follow the law like everyone else does.

It would seem this landlord is digging himself a real big hole.

Best of luck! Please let us know how you get on.

 

[db]

failing that, we could organise to send the forum boys round

 

[Alee]

iv just been cab...unfortunatly no luck yet as they said they person who deals with housing is off sick.
send the boys round! ill let u no when iv moved out so i cant be charged for any damage lol.
Im considering buyin myself some mice ...it would be ashame if they somehow managed to "escape" on the day i move though