Jump to content
House Price Crash Forum
Sign in to follow this  
Mandi13

What Can A Ll Do Before You Move In

Recommended Posts

Hi there

Please can some one help, i am due to move into new rented acc in 6 days but have been told that the property i went to view 6 weeks ago and loved and has a lovely garden, the LL has now chopped in half with a 6 foot fence

I have given notice where i am and paid for removals, change of address transferred and so on, but i have now been told about the fence by the letting agents. I am due to sign the tennnacy agreement on thrusday but i dont want to do this with a 6 foot fence chopping the garden in half.

Do i have any rights with regards to getting the fence taken down as the house was shown to me with the full use of the garden not half and the LL has access to the garden Via the garage so we dont know if she will rent this land out to someone else

Need urgent reply as i am soon to be homeless and serious out of pocket

Share this post


Link to post
Share on other sites
Hi there

Please can some one help, i am due to move into new rented acc in 6 days but have been told that the property i went to view 6 weeks ago and loved and has a lovely garden, the LL has now chopped in half with a 6 foot fence

I have given notice where i am and paid for removals, change of address transferred and so on, but i have now been told about the fence by the letting agents. I am due to sign the tennnacy agreement on thrusday but i dont want to do this with a 6 foot fence chopping the garden in half.

Do i have any rights with regards to getting the fence taken down as the house was shown to me with the full use of the garden not half and the LL has access to the garden Via the garage so we dont know if she will rent this land out to someone else

Need urgent reply as i am soon to be homeless and serious out of pocket

Have you asked the landlord why they did that?

Share this post


Link to post
Share on other sites
Have you asked the landlord why they did that?

Yes the Manging agents have and she owns the property next door which we dont know about and wants to extend her garden / boundary (thou we have been told she has not done this legally) she states that she will not enter the garden but there is a 6 foot fence in the middle of it

Share this post


Link to post
Share on other sites

Hi Mandi,

I've been in the same situation many times. Shows the contempt many LL's treat tenants or potential tenants with.

There is nothing you can do to legally force the LL to take down the fence by Thursday. That's the day you need to sign the agreement on and actually move?

What you can do is try and negotiate your way out of this, make a decision and then try to get your monies back by taking the LL to the small claims court. It also depends on how much money you want to throw at this by getting legal help.

My sympathy is with you and I hope someone else will come up with a better idea.

Do you have access to legal help by any of your household /car insurance policies, access to legal aid or any friends who are lawyers?

You could get a letter from a lawyer sent to the LL saying that you had an agreement, that you have discovered that the LL had materially changed the garden and therefore broken the agreement, that you have incurred costs and will take legal action if they don't take down the fence.

You can also send a personal letter if you can't afford a lawyer.

There is no guarantee that when you turn up to sign the AST on Thursday that the LL will agree now. They may decide simply to take another less "difficult" tenant and you will be faced with taking legal action in the small claims court to get your costs back anyway. That's what I have had to do in the past.

The letting agent acts for the LL and apart from losing the fees around this let, they may have no other interest in helping you. It's a gamble and a negotiation, if you walk away the LL may have problems finding another tenant. The letting agent may know how difficult the market is and try to help.

Good luck.

Edited by Flopsy

Share this post


Link to post
Share on other sites

Take the fence down after you move in? Council records will show the boundary of the property as it was originally if she hasn't done it legit, so if she tries to do anything just point to the official records showing where the boundary lies :)

Share this post


Link to post
Share on other sites
Take the fence down after you move in? Council records will show the boundary of the property as it was originally if she hasn't done it legit, so if she tries to do anything just point to the official records showing where the boundary lies :)

I don't think this would be a good idea. As a rented property I think this action could put your deposit at risk. You would probably have to damage the fence or the concrete foundations to completely remove it.

To the OP

If I was you Walk, There are plenty more places out there, if the LL is going to start p1ssing you around before you've even moved in imagine what its gonna be like when you have a problem :unsure:

Cancel your notice on your current place, and get refund for all expenses you can, I am sure the removal company will refund but If I could suggest next time not paying for services such as this in advance, much easier to cancel then. Possibly Small Claims court would be an option, but you shouldn't feel obliged to go ahead, you've sent out change of address, well change it back its not the end of the world.

I Can't understand why LL's feel they can get away with treating their customers so poorly.

Share this post


Link to post
Share on other sites

I would walk too.

as for loss of fees and so on, the case for them kepping them is very thin indeed.

Your case is that the property on which you paid the fees, references etc was misrepresented to you. like I go into sainsburies and buy a 20oz ice cream and find theirs only 18oz....I am entitled to fully reject the proposition, have compensation or repalcement.

its probably not the agents fault, but it IS their problem.

Share this post


Link to post
Share on other sites
Take the fence down after you move in? Council records will show the boundary of the property as it was originally if she hasn't done it legit, so if she tries to do anything just point to the official records showing where the boundary lies :)

If it is not a council house then I do not see what interest the council will have in the position of an internal boundary between two properties in the same ownership.

Share this post


Link to post
Share on other sites
If it is not a council house then I do not see what interest the council will have in the position of an internal boundary between two properties in the same ownership.

I would most definitely walk too.

This LL is not worth the hassle.

If they can show you this contempt before you have even moved in, then what will it be like when you are in the property, and they have you over a barrell? If you let them do this, they will have you marked as a soft-touch, and so are hardly likely to be pro-active in making any repairs etc.

Walk and sue.

Share this post


Link to post
Share on other sites
If it is not a council house then I do not see what interest the council will have in the position of an internal boundary between two properties in the same ownership.

Because of planning regs, council tax assessments etc...

Councils have records of official boundaries, and you have to get them changed with the Land Registry for it to all be official and legit.

Share this post


Link to post
Share on other sites
If it is not a council house then I do not see what interest the council will have in the position of an internal boundary between two properties in the same ownership.

Councils don't only have power over council properties

Share this post


Link to post
Share on other sites
Because of planning regs, council tax assessments etc...

Councils have records of official boundaries, and you have to get them changed with the Land Registry for it to all be official and legit.

Perhaps they do, but they are not an enforcement agency.

We wouldn't have a law of adverse posession if someone went around the country telling people to take down fences that shouldn't be there.

tim

Share this post


Link to post
Share on other sites
Perhaps they do, but they are not an enforcement agency.

We wouldn't have a law of adverse posession if someone went around the country telling people to take down fences that shouldn't be there.

tim

True, but if the fence ain't there and the LL kicks up a stink, you just point to the Land Registry records and say "The boundary is clearly here, and there wasn't a fence here when I moved so I don't know what the LL is going on about."

As others said though, it's best to walk away. I saw a really nice house the other week I was going to rent, but when I went to sort out holding deposit and references etc.. the LA told me the loft was not for use by the tenant.

It seemed ridiculous to me that I would be denied access to part of my home, so told them I had changed my mind about renting it. If you rent it then you rent the whole damn thing as far as i'm concerned.

Share this post


Link to post
Share on other sites
True, but if the fence ain't there and the LL kicks up a stink, you just point to the Land Registry records and say "The boundary is clearly here, and there wasn't a fence here when I moved so I don't know what the LL is going on about."

As others said though, it's best to walk away. I saw a really nice house the other week I was going to rent, but when I went to sort out holding deposit and references etc.. the LA told me the loft was not for use by the tenant.

It seemed ridiculous to me that I would be denied access to part of my home, so told them I had changed my mind about renting it. If you rent it then you rent the whole damn thing as far as i'm concerned.

Don't take what I said the wrong way

I didn't say that the landlord is in the right, only that you aren't going to get the council to take any action over this matter (and certainly not without actually making a complaint to them).

tim

Share this post


Link to post
Share on other sites

Hi there

Hopefully you did walk away - sadly, this will be a sign of things to come if you haven't - particularly if the LL is next door - she'll be tempted to let herself in.

If you have - then you may want to contact landlordzone.co.uk - they have LLs on there who advise tenants and have a solicitor as a moderator.

Also shelter - believe it or not - are hot on the trail of stuff like this for renters - so do an e-mail to them online - they get back with 48 hours - and have a bank of solicitors with good advice.

Share this post


Link to post
Share on other sites

I would see this as a lucky escape. The LL is showing their true colours, ie they have no consideration for you, you are just a means for covering the costs on their 'investment' and are a disposable commodity. If you sign on the dotted line they will give you nothing but trouble for the entire duration of the AST by which time I suspect you will be pleased to get out. I'd walk away.

Share this post


Link to post
Share on other sites

The LL is completely out of order. Our tenancy agreements are for the property and the garden and if it's not been amended at the Land Registry then that IS the garden for that particular address.

I agree with BL that the property has been misrepresented since you viewed it without a fence. Just out of interest did you get a brochure for the property that shows the garden or is it on the internet. If it is then print it off as proof.

However it does seem to be more trouble than it's worth. You have a verbal contract and are therefore entitled to your fees back. Tell them that unless the fence is removed you won't be signing the contract.

They might move it (they might just be trying it on - otherwise why didn't they do it before you viewed it?) but do you really want to live next door to them?

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
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.

  • The Prime Minister stated that there were three Brexit options available to the UK:   288 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.