UK Landlord Forum / Life

Well...where to begin...!

So, I saw a 2 bedroom flat advertised on gumtree in March/April 2016, fully furnished and for £200 per week, all bills included apart from council tax and parking permit and the deposit was £500 for two of us. Contacted the advertiser (which was the current tenant) for a viewing, viewed the property, agreed to take an assured shorthold tenancy that started in September 2016. The current tenant, said that she would pass our details in to the landlady and the landlady would be in touch with a contract etc.

The landlady emailed us copies of the contracts for us to sign and said that when our deposit was paid, it would be protected in a government scheme. Filled out the contracts in May (which stated all bills were inclusive apart from council tax and parking permit), returned them too her for her to sign. Then when she returned the contracts after being signed by her, we paid the deposit (July).

Arrived at the flat on the 1st September to collect the keys and go over the details. We went with the old tenant to the council offices to register for council tax. I am exempt as a student and my girlfriend had to pay as she was working. Then we realised that the previous tenant was the landlady's daughter. Upon our return, we ran over the inventory, which was photographs taken on an app called smart inventories on the landlady's phone and were asked to browse the photos and sign if we agreed that those photos were okay, which we did. Then she started talking about her use of electric and gas and her daughters use, saying something about £10 for this and £20 for that, which were nodded in agreement to but not really too sure of what she meant, it didn't help that her English wasn't brilliant either. She said that there was £50 on the electric and £60 on the gas and her or her daughter would be in the area to top it up occasionally.

Fast forward to January 2017...

I emailed the landlady letting her know that we had deposited our rent (£1700 each) which would mean we didn't have to pay any rent until May as the contract stipulates. We hadn't seen her since she came to change a lightbulb (we asked her to come at 7pm and she turned up at 2pm with her brother in tow and let herself in to the building with a key fob). I had been topping up the gas and electric meters myself but kept all the receipts to be reimbursed as the contract states all bills included. I mentioned this also in the email and asked for a copy of our deposit certificate, gas certificate and the inventory.

Basically, she has just put the deposit in a DPS scheme (with wrong information), we still have no gas/EPC certificate, she is not willing to reimburse us but sent us a copy of the inventory after requesting it 2/3 more times. This turned out to be an electronic document that was 60 pages long and has written on it on three different sections that the limit for the gas and electric is £20 per month in total. We have never seen this document before. She also stated in her email that we were not due for a top up of gas or electric until 15th February 2017. I was polite in our correspondence and have remained so as we are still going back and fourth.

Where do I stand with regards to this?

Why would your Landlord replace a lightbulb?

Apparently we aren't allowed to change them because of insurance? The time in question, she bought the wrong bulb then sent her daughter and her boyfriend over to change it. I thought that it was the tenant's duty to replace light bulbs but she suggests otherwise?

It is the Tenant's duty to change light bulbs... and I've never once come across any insurance policy that would try to enforce that kind of stipulation. This information, alone, makes me think you have a slightly strange Landlord in your hands here.

If the AST you have signed states that bills are included, and they're not, then - yes - it would seem your Landlord has broken the terms of the tenancy agreement. But, I would think this only needs pointing out to her - the written word is so much more valuable than anything that is verbalised. You seem to be on a strong footing in relation to this.

Obviously, kicking-off may destroy the relationship... but if you have gas then it's very important you have confidence there is a GSC... the EPS is less of an issue (obviously) as you're already in the property and an EPC is supposed to be shown to you at the time of viewing, as it's all about helping you as a prospective Tenant to make an informed decision based on the property's performance... once you're in, well... what real help is it to you then? Not much.

It may be wisest to retain all those receipts and pay up as you go (I realise that this means you are out-of-pocket on a hope) and claim them all back at the end - threatening legal action if you do so.

However, knowing me and how I'd be concerned about what I'd gotten into here, I'd be looking to move as well... I'm not sure it's clear how long your fixed term is for..?

If you think that's weird then listen to this.... When we were there signing the same contracts that we signed in May, again in September during the handover of the keys, I asked her if she had any other properties. She replied that yes, she has lots but this is the first time that she has had to handover keys and deal with contracts. That struck me as odd, right there and then. I haven't had to do all of this before as I have lived in staff accommodation, with parents/partners parents and abroad since the TDP came in, so it has never really effected me.

Our fixed term is up on the 31/08/2017. If she would refund us our deposit, the rent we have paid up until May as well as the money I have put on the meter (I have all receipts!) then I would move out but she's turned really formal and evasive. Ignored the fact the deposit information is incorrect, won't give us a gas certificate, won't refund us the expenses. She just says we agreed to the amount because we signed the inventory but that information wasn't in the inventory, it was just pictures. I've reported her to the gas safety people.

I'm going to seek help from Citizens Advice tomorrow as I have had enough exchanges with her for her to know what I am asking. I have made her aware of the terms of the agreement and the law regarding the deposit and gas safety on three occasions now and she just ignores the content of the email. I am going to draft a pre agreement and suggest court procedures if we cannot agree terms together.

OK, but just be aware you're likely to be there for another 7 months and it's never good if your relationship has broken down. Obviously the situation has already escalated, what I think I was suggesting was that you might try to live your life for a few more months, before having to think about all this tenancy nonsense. It will hang over you, I fear.

It has been ongoing now for around a month already, I'm not sleeping properly and I am finding it difficult to concentrate on my studies. She won't reply to my emails at the moment. She informed the other day that she has booked a gas safety inspection but won't let me know until 48 before its due, when it is? I have requested a repeated amount of times when will that date be as I could be at uni and my partner at work but she just hasn't replied. She won't let us have a copy of the gas safety certificate either. She just said according to her records a boiler inspection is due?

Oh and thank you for your help and advice!

She does sound rather dodgy for sure.However,with regard to the gas inspection,the landlord only has to give a minimum of 24 hours notice before visiting in person,or having workmen call.Tradesmen don't always give much notice themselves.Tenants are often out when such jobs are done.She does not have to fit around you,provided you know someone is going to be there while you are out.Getting the gas sorted is the most important part.The reason you don't have the latest certificate is probably because she does not have one.I think you should follow Hippogriff's advice,keep things civil.keep your receipts,check your rights,and plan to move out when possible.Don't let this escalate into tit for tat,the stress is not worth it.Hopefully your heating bills should be less soon.

Personally I think this will escalate no matter what happens, due to the incomparable setup with the gas. £20 is NOT going to pay for a months gas these days, and you will definitely have to top up the gas yourself. I hope you are aware of this.
if the agreement includes free gas, then that is a bad setup - what happens if you use more gas than usual?

Quote from: EJB91 on January 25, 2017, 07:57:53 AMShe won't let us have a copy of the gas safety certificate either. She just said according to her records a boiler inspection is due?

As you're aware, you must be presented with this... and before the tenancy commences. I realise I am just quoting you when you say the Landord says "a boiler inspection is due" but a Landlord using terms like this really makes you think they don't know what they're talking about or are just free-and-easy with words.

Things Landlords need to do with boilers - Gas Safety Certificate. Things Landlords can do with boilers if they're savvy - servicing, inc. magnetic filter cleaning-out if one is present.