Questions and Info relating to Property Issues inc, Charging Orders and Repossession

Moderators: TalbotWoods, JaneClack

By red24
#285293 Why us, what have we done to deserve this!!
We first sold our property back in May 2007, initially to repay a large amount of debt, start a DMP and rent a property. Fine, great idea, what a wonderful idea!
Landlord number 1 lasted May - Feb 2009, they wouldnt even consider any kind of remedial work to make the bedroom less cold, even though we offered to do the work.
Landlord number 2 - Feb 2009 - July 2010, he served a Notice to quit after we did all sorts of decorating (with prior consent and confirmation that he liked it).
Landlord number 3 - July 2010 - Oct 2011. Due to previous misfortune we enquired about longer lease, LL agreed immediately to 24 month, his mother previously lived in the house and we were first tenants.
After 3 weeks we encountered the neighbour from hell and after 15 months and a near nervous breakdown, we ended the agreement. We have kept in contact with the local housing, kept noise log sheets, had noise equipment installed, made numerous calls to the police, had to put up with direct obscenities as she knew we had complained etc etc
LL wants the reletting costs, the rent if not let paid and has also said we are directly responsible for his property until it is relet even though we handed the keys back 3 weeks ago. Agent wouldnt do check out as we are in breach of tenancy whcih we agree with but feel we had no choice, LL said he gave us a fair chance to pay and leave.
We have now discovered that the agents have been into the property as has the LL without our permission if we are still responsible. This means they can do any damage they want and charge us, LL said there is a garden table missing and we are responsible.
They have re marketed it but only on Right move, not in the local paper or on the agents site so not very effectively.
We are actually willing to lose our 1500 deposit if it comes to that but i do feel as though we werent given any choice. The case for eviction of our neighbour is waiting to be heard by the court, she is still there. We werent the only neighbour to complain and apparently she has been known for years so our LL must have known. Comments would be interesting.
By Butts
#285423 Red you have certainly been through the mill at the same time exposing the flaws and exploitation present in the private rented sector.

Have you considered seeking advice from CAB or the like ?
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By DuffNCustard
#285473 And if there's any dog poo around - chuck it over 'er next doors fence.

Plot your revenge too - I can just see the headlines in your local rag

Decent hard working folk subjected to......................make it impossible for him to rent out again - and remember estate agents have a legal obligation to inform potential purchasers/tenants of such matters - so trot round all the local agents and make sure they are informed.

Inflict pain where it hurts the most - in the wallet!!!!
By red24
#285483 Butts wrote:

> Have you considered seeking advice from CAB or the like ?

We will seek advice as soon as we know what the agent/LLs intention is. At the moment we assume he will give us a final invoice with the costs to date and then pursue us for it, but until then we can't really do anything.
By red24
#285493 DuffNCustard wrote:
> .....make it
> impossible for him to rent out again - and remember estate agents have a
> legal obligation to inform potential purchasers/tenants of such matters -
The agents protocols say -
You should be prepared to provide a reasonable degree of guidance and sympathetic support to tenants of a managed property who are being harassed or victimised, or are the target of persistent anti-social behaviour.
Harass – means to act in a threatening or oppressive manner likely to cause alarm, annoyance and/or distress.
Although this has been spelt out to them and they should adhere to their morals and ethics, they still say they will represent the LL in marketing his property and if anyone does ask if there is a neighbour problem they will only be told if the LL decides to tell them.
Even though we have been told we are liable for the rent while it is empty and liable for the reletting costs, which are 60% of the monthly rent, the agents BELVOIR of HITCHIN, are doing very little to market it.
I dont understand how they can enter the property if we still have the tenancy like they say and then charge us for anything that goes wrong.
They wouldnt enter if we were still living there without our permission, so how come? i could go on and on and on and on!!!!!!!!!!
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By TalbotWoods
#285623 Red

seek some advice now, so that the initial paperwork etc is completed. It has been known for some agents to move quickly to legal so if CAB/Shelter have all the start information, evidence from you, logs, etc., then they can often pre-empt any move by landlords or agents, thus saving you time, hassle and money.

Shelter are very good with this, I know of a case recently where they pre-empted a 'rouge landlord', and the tenant got all their money back. I personally am aware of one landlord in the area I live in who appears to have at least 5 mothers, and I bet shelter are aware of even more!!!

By red24
#285663 Thanks TW, as the house is now for let (still our responsibility apparently) and I still think they have entered unofficially as has the LL, its difficult to make any moves as we dont have in writing what their intention is, although we do think it is to get as much as possible out of us.
Do you have a contact email for the relevant dept at Shelter, we are also thinking about the free hour legal advice from a solicitor.

But any comments/advice is appreciated.
By red24
#285803 Thanks Sarah, we've discovered there is an outreach office in the town we live in so my husband is going to the walk in centre tomorrow.
By red24
#285933 Shelter more or less said tough, get on with it, you've broken the contract and are liable for all costs.

So there!!

When all comes to all, we will be taken to court or whatever and asked to pay xx amount, which could be £850 x 9 months plus agents/LL costs.

But another story is, have we got that? Well we paid £2400 to rent another property which we could have done without, we had to borrow that, we've more or less lost the £1500 the LL has in the deposit scheme, so I still feel as though we didnt have a lot of choice.
I dont have anxiety or panic attacks anymore and the depression I was getting into has lifted.
By red24
#289663 Follow on -
We have now been out of there and here for 3 months.

The LL has asked, through the Deposit Scheme, to have all of our deposit returned to him and we have disputed that.

His evidence states we breached the contract, we know, they have a new tenant so we owe £2500 in rent plus 6% reletting costs.
He has said there is damage in the house, although we dont know what yet, to the tune of £1600!
The only thing we left that we couldnt do anything about was a few holes in the side of the kitchen units where we had a dishwasher plumbed in. The LL gave us permission to have it plumbed and the agents were aware of how it was done, but £1600!!

All in all he is claiming over 5000. We have loads of evidence to submit in defence as to why we breached the contract but why does everything have to be challenged. I dont have the energy any more.
As most of you know I am in a DMP until the year 2065, if and when this all goes to court, what do I do then.
See still worrying about everything, but I know I always get sensible answers here and Im not feeling very sensible!
By nomlas
#289693 Hi red. Re the DMP part of your post. I would cut it back to token payments and save as much as you can. I have today posted how I run my DMP, it is in the DMP section Re wazza, it might help. Regards. -- nomlas
By red24
#289713 Hi Nomlas, appreciate the suggestion, but what do I want to save anything for.
I have been paying the DMP for 6 years now, I have never changed the amount and it is below £100, couldnt pay any less and if i did it wouldnt amount to much.
If the LL goes further with this, quite frankly we havent anything to pay him with even if it goes to court.
By red24
#293473 Still pouring in our house!! never rains but it always pours.

An update on the landlord from hell, he was awarded our £1500 deposit for breach of contract. Apparently we were supposed to stay there and have a nervous breakdown, either way he wouldnt have got his rent, just waiting to see what else he si going to throw our way.

Our neighbour has just been served with an enforced eviction for 2nd May, doing the LL a favour so he can relet his house with no problems!