Landlord Agent wants to DOUBLE Rent!

[KaptainKhaos]

Hi again - another update - nothing heard from the Landlord's "Agents" after paying a slightly increased amount of rent paid at the end of April.

Although I was at work today & my son phoned me at lunchtime saying that there was somebody at the front door saying that the landlord owed over £20,000 and he wanted to do a property inspection. My son did not let the person into the house luckily I think.

It all sounds so dodgy to me.

We've been paying rent for over 20 years, so I need to know what I can do / not do just to give us more time to get out of that place & all the pressure and stress it is now starting to cause.

Like I said before, we have had NO Gas Safety Certificate since we moved in, so nothing for over 20 years, I have ben fixing everything that goes wrong at my own cost & had a British Gas Home Repair direct going on for 18 months, as the landlord cancelled his direct debit to them.

I'm not even sure if the mortgage he has is a "Mortgage To Let" mortgage or just a private one, which would vlead to tax implications for him.

What should we do (apart from leave ASAP which is our intention)?

[KaptainKhaos]

Orrrr we would ideally like to wait until Stepmothers (RIP) house is sold & I get a large-ish amount to put as a deposit on a property of our own at last.

What can we do to get things going in OUR time, not the dodgy landlord/agent/strange mortgage person's time?

[KaptainKhaos]

Okay - I have just received a letter (normal post) which says:

I would like to inform you that, by virtue of Section 21 of the Housing Act 1988, I require possession of the above property after 5th August 2023.

If convenient, I would like to do an initial check of the property, and the inventory, with you on 5th July 2023.

This should allow us time to sort out any discrepancies before the end of the tenancy.

On 5th July we can also discuss the exact arrangements for the hand back of the property on 5th August.

Signed
The Landlord

So, it appears we have 2 months notice.

There was no address or contact number on that letter, so I can't reply (not that I know where he lives anyway).

How do I make a complaint about the lack of Gas Safety Certificates for 23 years, and lack of any maintenance on the property for the same period?

We DO want to leave the property, but I have to wait until I receive the money from my step-mums will before buying our own place.

Time is now running out. We would probably only need 2 or 3 months after August to sort it all out.

Thanks

A bit more desperate

Ian

And also - is there a way of finding out if he had a "mortgage to let" or a "normal mortgage"?

[echat11]

islandgirl might be able to shed some light on how to proceed.

[atticus]

s21 notice must be given on the prescribed form, and not just a letter: https://england.shelter.org.uk/housi...otice_is_valid

To find out if there is an outstanding mortgage you can obtain the Land Registry title entries for the property.

Have you asked the agent for the landlord's address? See post no 15.

[islandgirl]

As far as I understand without a gas certificate the S21 will fail. So one option would be to do nothing. If the a) letter is invalid and b) there is no certificate, when you do not move out on 5th August the LL will try to go to court but any action will fail. Therefore he is back to square one and has to get a gas certificate before reissuing S21 by which time (hopefully) you will be long gone. It would be best of course not to tell him about all this and let time pass. If you wish to move around Christmas the timing should work out more or less OK? It may be that end July you write and give him your actual move out date and inform him that the S21 will fail (dont tell him why!) though he is welcome to go to court and attempt to evict you. As above you have to be given the LLs address or you can download cert from the Landregistry for a few quid. I would certainly not tell them about the gas certificate issues yet though....This is of course my understanding as a layman - best to get it confirmed by someone with a professional qualification!

[jaguarsuk]

You need to get their address off the land registry and write back stating that the S.21 is not valid, but not why and consequently you will not be leaving on 5th August and therefore it is pointless them attending the property on 5th July as suggested.

As stated above, let them know that even if they do serve the correct s.21 notice you will not be leaving and believe that you would be successful in defeating any attempt to obtain a possession order in court (again not saying why).

I would explain the circumstances around when you can leave (but don't commit to a date or even suggest a timescale even if you think it'll be Christmas) and suggest to them that you continue to pay the rent until such time as it is all complete and then will give them 30 days notice of leaving to allow arrangements for leaving to be completed. I would add that this is both the best option for them in terms of resources and financially.

[PallasAthena]

KaptainKhaos I know you don't know the lamdlord's address but do you know her/his actual name? Or not even that?

[islandgirl]

Do as Jaguarsuk suggests and write to the owner and copy the agent. Keep copies and get free certificates of posting at the post office.

[KaptainKhaos]

Thank you all so much - I really don't want it to turn "unpleasant" with the lack of Gas Safety Certificates for 23 ish years, or maintenance that I've paid for myself, or whether his mortgage type would be of interest to the HMRC.

I think all that I really need is time.

The will went to probate a couple of months ago (it's a very simple will), and we're just waiting for that & then we can sell her house & I can use it as a massive deposit in a house of our own at last.

We just need time, that's pretty much it.

With regards to the "initial check visit" in July, should I just not answer the door? I'm probably working, so nobody would be in the house anyway. I'm just worried if unpleasant people start knocking on the door every day (which they've done before).

Thank you all again. You've put my mind slightly at rest, although I'm still a nervous wreck right now.

[islandgirl]

Not wanting to be hassled (which you will probably be) is why you need to write the letter. You do not have to be unpleasant. Just write and say that the s21 is invalid and you will not be leaving on the date stated so the visit in July is not necessary and you will not permit it. That's about it. They may of course use their keys unless you have changed locks.

[Crazy council]

Some point to consider

If a landlord tries to give you notice on grounds they know are not valid, or attempts to unduly pressure you to move, it may be considered illegal eviction. Do what islandgirl and jaguarsuk suggests, thats the way forward

https://england.shelter.org.uk/housi...legal_eviction
https://www.gov.uk/private-renting-e...egal-evictions

make sure you add in your letter to agent that your considering IF there action to be illegal eviction ? do you have your original tenancy contract, if not ask the agent for a copy and post it on her with names redacted

[echat11]

I'm not sure what other members think, but you could add to a letter, 'Having received advice ................', that puts them on notice that the matter is no longer in the 'landlord / tenant' bubble and you've had sound advice from an entity (LB).

[atticus]

Personally I doubt that would give much in the way of additional weight to the letter.

[KaptainKhaos]

I don't even know if the "agents" are valid - the letter I received from them was just typed out - no letterhead, just normally typing all the way through.

I don't really want to start conversations with them, to be honest - maybe I'm just a coward - they probably know the law better than I do & I'm too old for all this.

They can't get in unless they break in (locks changed) - I just won't answer the door if anybody starts knocking on it.