Jump to content
House Price Crash Forum
1woodward1

Renting Without Final Inspection

Recommended Posts

Hi all

This is a complicated situation but I will try to keep to the relevant questions I need help with. My daughter is renting a 2 bed property £800 per month and the landlord threatened to kick her out and her belongings after 4 mnths because she kept complaining that work on the property was not done as promised ( gaps under loose front door frame, bare electric wire, constant leak under kitchen units etc). She went to the letting agents and said the LL wanted her out and they said she had to write a letter to the LL so she could leave 2 mnths earlier than her contract ended. She done this and has now rented another property but the LL and Letting agents has said that it was her decision to leave and will not pay her 2 mnths or deposit back.

My 1st question is the LL is asking for the £1000 deposit and 2 mnths rent to be paid to him for work to repair the property that was already like that when she moved in and also false claims of damage done. No inventory was done by the LL or agents when she moved in. We have taken photos of the problems.

2nd question. This is a new property and my daughter was the first to live there. The LL has built on a plot next to his mothers house. I have since found out that he did receive planning permission by the Council but The Buildings Control Dept have confirmed to me that No Final Inspection has been made and so the property has not been signed off. Can the LL or the Letting agents rent this without a signing off. How do we stand legally.

Thank you in advance of your help.

Share this post


Link to post
Share on other sites
Hi all

This is a complicated situation but I will try to keep to the relevant questions I need help with. My daughter is renting a 2 bed property £800 per month and the landlord threatened to kick her out and her belongings after 4 mnths because she kept complaining that work on the property was not done as promised ( gaps under loose front door frame, bare electric wire, constant leak under kitchen units etc). She went to the letting agents and said the LL wanted her out and they said she had to write a letter to the LL so she could leave 2 mnths earlier than her contract ended. She done this and has now rented another property but the LL and Letting agents has said that it was her decision to leave and will not pay her 2 mnths or deposit back.

My 1st question is the LL is asking for the £1000 deposit and 2 mnths rent to be paid to him for work to repair the property that was already like that when she moved in and also false claims of damage done. No inventory was done by the LL or agents when she moved in. We have taken photos of the problems.

2nd question. This is a new property and my daughter was the first to live there. The LL has built on a plot next to his mothers house. I have since found out that he did receive planning permission by the Council but The Buildings Control Dept have confirmed to me that No Final Inspection has been made and so the property has not been signed off. Can the LL or the Letting agents rent this without a signing off. How do we stand legally.

Thank you in advance of your help.

Why did she do this. If he wanted her out he should have paid her to leave and kicked her out. She must at least get evidence that he wanted her out and threatened her.

I would have thought that if there was no inventory then it is her word against his. Was the deposit protected in the scheme? If it was she should contact TDS for advice. If it wasn't then she should go to court for 3* the amount.

On the building sign off - I am not sure. I did see a programme about this on TV and they did have a lot of powers. Why not ring your local council and ask for the buildings reg team. They might be able to help.

Overall though, whilst people on this site might be able to help, I think your daughter should go to CAB or Shlter for help.

Edited by HPCbeliever

Share this post


Link to post
Share on other sites

The big question is how her deposit was protected. I don't think that your question is complicated as I'm used to be lied to by agents and harassed by Landlords.

What you need to think through is - what does your daughter need to do to get her deposit back and what evidence does she have?

With regards to the planning permission you may be heading up a blind alley - what relevance will it have to getting her deposit back? Unless you are planning to use this as a "lever" to force the LL to pay you the money. Will you be prepared to argue in court (or in a tribunel) that the property was not fit for habitation and what evidence do you have?

The fact that she has photos is wonderful - any recordings of harrassment, any witnesses?, registered letters?

If he has breached the local planning restrictions that will be dealt with by the local council who will investigate this but they have no power over returning the deposit.

It may make the LL too scared to face the small claims court or a tribunel though?

Will the small claims court (or other body you might have to use to get her money back) be interested in this? I don't think that they would base their decision on the planning side but they may take this into consideration when they decide who is the most honest and reliable party here. The evidence your daughter has (such as her photos) will be the best way to argue this.

What you need to do is find out who holds the deposit and what scheme it is in. If it's not been protected by a scheme then that's a whole new area.

Then put togther all the evidence to support your daughters side of the story. Evidence that there were problems, evidence that the LL was difficult, evidence that she ever spoke to the estate agents. Hopefully she will have letters, emails etc. No one should be renting without a proper "paper trail" of all events. This is because there are so many dishonest LL's and agents.

By all means look at the planning permisison side. Does your council have a private tenants advice officer (just asking as mine has a good one)? This could be something he could look into with the planning team.

Wishing you all the very best with this. It sounds horrible and my comments here are just an opinion. It may turn out to be very different.

Edited by Flopsy

Share this post


Link to post
Share on other sites
Hi all

This is a complicated situation but I will try to keep to the relevant questions I need help with. My daughter is renting a 2 bed property £800 per month and the landlord threatened to kick her out and her belongings after 4 mnths because she kept complaining that work on the property was not done as promised ( gaps under loose front door frame, bare electric wire, constant leak under kitchen units etc). She went to the letting agents and said the LL wanted her out and they said she had to write a letter to the LL so she could leave 2 mnths earlier than her contract ended. She done this and has now rented another property but the LL and Letting agents has said that it was her decision to leave and will not pay her 2 mnths or deposit back.

My 1st question is the LL is asking for the £1000 deposit and 2 mnths rent to be paid to him for work to repair the property that was already like that when she moved in and also false claims of damage done. No inventory was done by the LL or agents when she moved in. We have taken photos of the problems.

2nd question. This is a new property and my daughter was the first to live there. The LL has built on a plot next to his mothers house. I have since found out that he did receive planning permission by the Council but The Buildings Control Dept have confirmed to me that No Final Inspection has been made and so the property has not been signed off. Can the LL or the Letting agents rent this without a signing off. How do we stand legally.

Thank you in advance of your help.

It is clear that your daughter left the property by mutual consent i.e. the landlord asked to to leave and she agreed and providing this is backed up in writing the contract was terminated and is no longer in force (well not precisely, only a court can terminate an AST but for all intent and purpose it is) and so the the LL must return the deposit. Simply call up mydeposit with the reference number and start the claim as stated if you have written acceptance of termination and no inventory they don't have a leg to stand on I can safely make that assurance. No need to waste time or money it is black and white

The building warrant is a blind alley, you can rent out any old piece of poo as long as it meets section 11 of the 1985 LTA i.e. water and wind proof, working sanitation and working heating....

Edited by Matt Henson

Share this post


Link to post
Share on other sites

Hi all

Thank you to everyone who sent a reply. The latest is that we went to Citizens Advice and unfortunately we don't have a case for our 2 months rent back because we were tricked/(stupidly trusting) by the LL and Letting agent into thinking it was a mutual agreement which they both backed out of (no letter from LL). But the good news is that because we were armed with brochures and facts from CAB and kept on persisting with our complaint the letting agent has relet this property for next week and so we will be released from this contract and should get 1 3/4 months rent back. Also our Letting agent and LL have changed their tune and we will get all our £1000 deposit back because there was no inventory done when we moved in and they know they haven't a case if it goes to the TDS as we have threatened to do. One fact I didn't mention before was that because of the state of the property we called in the Environmental Health officer to look at the property and she has sent a letter to the LL and after 4 months of waiting he is now putting right the problems he should have done. It seems that you have to persistently complain and take actions until you get what is correct nowadays. I hope this is the end of the matter but will not be happy until we get our money.

Thanks

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 members

    No registered users viewing this page.

  • The Prime Minister stated that there were three Brexit options available to the UK:   285 members have voted

    1. 1. Which of the Prime Minister's options would you choose?


      • Leave with the negotiated deal
      • Remain
      • Leave with no deal

    Please sign in or register to vote in this poll. View topic


×

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.