View Full Version : Problem Landlord/Lady
We have been renting a house for the last 11 months, so is coming up to the end of the contract. In around May time there was a leak with the boiler, & we contacted the landlady asap who arranged for someone to come & deal with the boiler. Around the same time we noticed damp on the wall around the boiler, so we made her aware thinking it was to do with the leak. The damp since then didnt get any worse or better so nothing was done about it. However a few weeks ago the landlady came round (incentatly without notice & when we werent in) & has seen the damp (which she was already aware of) & has got a contractor out to deal with it. The contractor says it has been caused by an overflow pipe outside, & we would have been aware of it for months.
So the landlady has said because we were aware of it, & she thinks we have let it get worse, that she is going to take our bond.
Does anyone know where I stand on this, the overflow pipe is nothing to do with us. We reported the leak of the boiler when the damp appeared & since then it hasnt got any worse. She was aware of this. Can she take our bond.
Also we have issues with her letting herself in & not actioning things, ie the toilet has been leaking for 2 weeks, but she doesnt respond to emails & doesnt return calls.
youe best bet is to go to howden house they have a section there called housing aid they are very good with that sort of problem
I agree, or contact Shelter on their free helpline.
I would suggest writing to the landlady and explain you do not give her permission to enter the property without making arrangements with you.
Check your contract: invariably, there will be a section stating who is responsible for the structural wellbeing of the interior and exterior of the house, which generally falls to the landlord. You usually are asked that you report any problems with a rented property within 2 days of having noticed it, which could be a problem.
As for her turning up unannounced, again check the wording of your contract. If it says something like the landlord has the right to access the property as and when they see fit, you can't do anything about it. However, if it says the tenant will allow access, then she's breaking the law. There is a clause in most contracts that refers to the tenant being allowed peacful enjoyment of the rented property, and basically this means that so long as you don't break the law nor rules in the contract, it is your house. If the landlord tries to gain access without your permission, it is technically trespassing. Equally if the contract states that you grant the access, and she asks you if she can visit and you will not be there at her preferred time, she should not enter the house. The only time when you would be in the wrong here, is if she requested access and you were onsite and denied it. However, in this circumstance she STILL should not let herself in, and the only right she wold have would be to gain a court injunction.
Speak to the council and they will be able to give you a better, more accurate idea of where you and the law stand with regards to your landlady. I would advise that you have your contract with you whilst speaking to them , to make sure.
I know all this becuase of similar issues - I've a website in constrction about it! http://www.sheffieldsworstlandlord.co.uk
Tis only a work in progress, many more photos to come! :hihi:
reditiger 16-01-2007, 10:26 OMG Pinkie :o
OMG Pinkie :o
Impressive, huh? :roll:
I wouldn't care so much if it was just that there was a leak he didn't fix for ages, or something. But when your safety is risked from negligence, it becomes a different matter....!
Sodding Hell !!!!! :o :o
Thats terrible Pinkie...:o :o
Sodding Hell !!!!! :o :o
Thats terrible Pinkie...:o :o
Yeah, we're not best pleased! :P
When you're considering court action to get a rent refund for compensation, it's generally at that point that you realise you don't have the best landlord.
Millwak: I've looked it up - knew I had it written down somewhere! - the people you really want to speak to are the Tenancy Relations team at Sheffield Council. The number is 0114 - 2735450, and they're open 1 - 4pm on mondays, tuesdays and thursdays (you can leave a message if it's outside of those times and request a call back).
The man I spoke to yesterday was lovely, and gave me lots of advice on my legal standing with our lanlord issues, talked me through our rights and our contract, and gave me advice on compensation and where I stood on getting money back. Very helpful.
hels1977 16-01-2007, 11:30 If you have time I would get yourself + your rental contract down to one of the CAB branches in Sheffield, make an appointment and see where the land lies legally. They are generally pretty good at helping resolve matters like this and can point you in the direction of the legal legislations that you can quote if she is threatening to withhold your bond illegally.
Right here goes ....
Landlords and accessing the property - you are entitled to Quiet Enjoyment whilst renting a property which basically means uninterupted pleasure.
Your Landlord has breached the convenant by entering the premises when you werent there etc - you possibly claim or counterclaim for this is landlord tries to take your deposit.
LL isnt allowed the access the property without your permission, its acceptable for them to look at property once/twice a year but with prior notice and you are entitled to be there.
Disrepair - if emergency then its acceptable for them to have access but again ideally with notice & at a reasonable time of day and you are entitled to be there.
Phew .. so basically your landlord is naughty!
Disrepair, the LL has repairing obligation to the structure and interior of the property under Section 11 of the landlord and tenant act - no matter what is in their contract they cant get rid of their obligation. Its a clear cut landlord responsibility.
If you dont think you will get your deposit and havent paid your last months rent you could try to use your deposit for the last months rent (bit cheeky!) if you have paid your last months rent .. then if no negotiations with LL will be the route of small claims.
Very good tip before leaving the property or before repairs are completed .. take any pics to use as evidence in court!
Hope this helps, if you do need further advice check out www.shelter.org.uk and they have a free helpline Mon-Sun 8am - midnight - give em a call!
Good luck!
OMG Pinkie :o
Our landlord has since offered us a month's rent back, and we're going to push for a minimum of two. Don't let a landlord/lady mess you around - stick to the contract, and THEY work for YOU.
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