Landlord Using Unusual Tactics to Keep me Resident

[adridude]

Hello,

 

I moved property 3 months ago. When I chose this location, there were several factors which were very important to me.

 

1) A NTL connection had to be available, which the estate agent told me was available, and they even showed me the NTL connection.

2) That there was CCTV around the entire property, which there appears to be by various cameras placed around the property.

 

Since I have moved there, I have found out that:

 

1) The NTL connection is infact a dummy and does not work. I approached the letting agent about this and got the following response:

**********

Response: With regards to the NTL. This is the first ive heard about it. And as far as i am aware if you are in a non serviceable area then NTL would'nt install a connection point. If there is a connection point Joseph would assume like anybody else would, that NTL would supply a connection there.

**********

 

2) The CCTV camera's are ALSO dummies... I also approached them about this and they came back with the following:

**********

Response: With regard to the CCTV this would be down to the Managment Company (SLM) TEL: 01482 328068.

**********

 

Now why do I feel like I'm being fobbed off here and that the buck is being passed on. What options do I have to sort this out? Also in light of this, can I dispute the £120.00 administration cost which they said was for 'administration and credit checking'?

 

Thanks and Regards

 

Adrian

[cheddar]

The admin cost should stand as that is the agents fee for checking you out. As for the other issues did you get anything in writing?

[adridude]

Nope, nothing as of yet. I'm just about to write them a letter, but I'm not 100% what my rights are and what grounds I have to start a battle with them.

 

Cheers

 

Adri

[cheddar]

Hmm I'm not sure what rights you have seeing as no where have they given you this information in writing, it is all hearsay at the moment. I suggest all further comms are written.

[adridude]

Hi,

 

I was wondering what I should regard as my notice period?

 

I'm in an AST (Assured Shorthold Tenancy), 6 months, and the fixed term has expired. The AST started on the 3rd April 2012, and I believe that after the fixed term is over it becomes a monthly periodic term.

 

I received a notice of a small rent increase as per 16th October, giving me one month notice until the 16th November.

 

Am I right in saying that the notice period only starts as from the start of the next period? i.e. 3rd November hence the increase is effective as of 3rd December?

 

The contract states that they give me '4 weeks notice' of rent increases.

 

My rend is monthly (not weekly), so I assumed that the contract was calendar monthly periodic.

 

Can someone advise me as to what dates are which?

 

Cheers

 

Adrian

[adridude]

Hi,

 

I've been in this property for 3 years and 3 times a year I've had to rent a carpet shampoo hoover to clean the carpets as when its rainy or humid a weird dark stain appears in several places on the carpet.

 

The letting agent is aware of this as I've sent them photos of before and after these stains appear.

 

I was wondering if the letting agent/landlady should pay for a proper industrial deep clean? I don't smoke in the apartment, there's been no spills and I've paid for cleaning myself but there's obviously something in the floorboards/underlay which is causing this?

 

Some advice on this would be great!

 

 

Cheers

 

Adrian

[adridude]

Hi,

 

About a year ago, I agreed with the landlady that I would restore this old property (which I live in) which is early 1900's victorian. I discussed that rent would stay fixed as I did this.

 

Since I've done the garden (which was a state when I met it), restored the welsh dresser in the kitchen which was somewhat unkempt and repaired and restored all of the ceiling faciers, she's put the rent up!

 

Her reasoning is that I live in a prime property (bedsit in sittingbourne, £500 a month now from £450) and I should pay for the luxury.

 

From the photo's I have from when I mvoed in until now, there's a HUGE difference at my own expense. Have I got any rights to oppose the rent increase? 2 Bedroom flats here cost £500, let alone bedsits! Proplem is they're all alotted by the council to those which need them.

 

Advice would be great.

 

Cheers

 

Adrian

[raydetinu]

As it is an AST the rent cannot be increased untill 12 months have elapsed. i.e. 3rd April 2013.

[raydetinu]

how long have you lived there and what sort of contract?

rent cannot be increased in the first 12 months.

and must be on the correct form with a notice period ( A section 13 notice ) to be valid.

[raydetinu]

What condition where the carpets when you moved in? stained/dirty!

Have you asked the LL about this problem? and maybe share cost of clean or even new carpets?

[LaughingGirl]

Have you actually lifted the carpets to look at the floorboards/underlay?

 

We had a similar problem in our previous home, and discovered it was due to the fact the underlay was heavily stained with...well, God only knows what. If it's something on the underlay or floorboards, no amount of deep cleaning will shift it. In fact, as we found out to our cost, constantly cleaning the carpets made it worse, because it kept wetting the stain so it soaked back through after a while.

[adridude]

@rey: They were clean initially but despite cleaning them over and over, over the years these stains kept appearing.

 

LaughingGirl (nice name, reminds me of Sylvester and Tweety): I think that is the issue, Since I'm repainting the place, I removed one of the skirting boards and looked under the carpet, there's a 'carpet' under there! Looks like all they did was plonk a new carpet on the old one.

 

@everyone: Do I have any room to ask that they resolve it? I have kept a good photographed record and email journal with the letting agent telling them when:

i) I cleaned the carpets

ii) The stains came back

[adridude]

Its an AST (assured shorthold tenancy), and the fixed period is 6 months.

 

I've been here for 3 years, but the fixed period ended in April (as I renewed it earlier at a £70 cost for admin fees).

 

The 'renewed contract' ended at 12:00 on the 3rd of April so it went periodic. The rent period noted in the contract is monthly (despite them charging me weekly and saying im in debit 3 weeks out of the month :-/).

 

They notified me on the 16th October, that rent was due to increase on the 16th November.

 

I might be wrong but last time I checked, any legal notices such as that only are effective as from the 'first day of the next period'. So I would have thought that the rent went up as per 3rd December.

[adridude]

Really? I'v3e been here 3 years, but I renewed the contract on the 3rd october 2011. Does that also renew that 12 months?

[LaughingGirl]

Does it say who is responsible for the carpets in your contract? To be honest, you'd probably have more luck if you offered to split the cost. In my experience the only time landlords like to replace carpet is when they're looking for new tenants, lol.

[mariner51]

What was rent at start of orig T?

What was rent at start of last AST renewal?

Rent increase notices are not governed by tenancy periods, but as ray said any rent increase, not allowed for by the AST, should be via s13. Even with just a letter, you should be able to get Rent Assessment Comm to review if you object

I fear you may be out of time if you have done nothing since 16 Oct.

If rent is due monthly, the AST should specify 1st payment date, (prob 3rd or 4th) and full rent is payable on due date, after which 4 weeks rent is owing and tech you are 'in debit' on the 16th.

A T could negotiate a rent freeze for time it takes him to complete them, but he could then drag them out unfairly for remainder of T.

If you can find another bedsit for £450 then serve an NTQ to vacate.

[ims21]

Two threads merged on the same subject

[raydetinu]

rent increase starts at rent period, usually has to be by section 13 notice which gives you your rights, but you can accept it by letter if you dont want to challenge it.

[adridude]

y1 was £435 / month

y2 was £450 / month

y3 was £495 / month

 

Is there any way I can get the rent evaluated by someone? The issue I have is 1 bedroom flats / bedsits are hard to find in this area, furthermore I can find a 2 or 3 bedroom house / flat for £500 / month, but because I get housing benefits now and again, I will be penalised for the extra room.

 

Can I have my business rent the entire property and have it sublet a room and shared areas to myself thus being officially a 1 bedroom tenancy?

[adridude]

yes, fixtures which are in the property when I moved in are the landlords responsibility. Is it worth pulling the reports from the evironmental health as they aparently checked the property a week before I moved in.

[LaughingGirl]

Not sure that EH would have much to say about the carpets unless it's some kind of biological stain or mould. If the stains only appear periodically, they might not have even been there when they inspected the property. I suppose it could be worth having a look, but unless they make a specific recommendation about the state of the floor coverings, I'm not sure how you'd use it as leverage.

[raydetinu]

Why do you get penalised?

they( council ) just pay rent for a one bed property at the rate for your area irrespective of what you are actually living in.

e.g. one bed rate is say £110/week, although rent is say £150; you pay the difference.

[adridude]

I hav a feeling that the property wasn't checked as when I moved in here, there was terrible toxic black mould in the bathroom. Despite constantly cleaning it, the landlady did nothing about it. It took 18 months before something was done (which resolved the issue). I would have thought that EH would have pointed that out prior to me moving in. If they can't provide me with a report, say if they did't inspect the property, then the letting agent is in breach of their contract.

 

Could that be leverage enough? *innocent grin*

[mariner51]

I presume this relates to your other thread re LA notifying you of rent increase? Hence your search for 'leverage'.

 

LL is under no obligation to replace carpets during T or expected life of carpet.

Some DIY carpet shampoos are not suitable for some carpets. Also 3X/yr seems excessive. Desist & let carpet dry. If no move-in report compiled, you have little to fear.

 

Why would EH inform you (not a T at time) of property condition or reasons for their inspection?

 

I fear you could soon receive a s21.

[LaughingGirl]

I'm getting confused, here. did the letting agent give you the impression that environmental health had inspected the property?