Advice please re rented properties

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Advice please re rented properties

25 posts & 16 voices | Started 4 months ago by emma82 | Latest reply from emma82

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emma82 - Member

We've been in our rented property for 9 years and we've now been given notice to quit in April so we've been given a fair bit of notice. However, we had a letter three weeks ago saying they were happy to extend another 6 months and we signed and sent back to say we would stay. The landlord inspected on Sunday, said all was ok then we get this notice to quit. I spoke to the letting agent this morning and he said they want to renovate and remarket for a lot more money. The house is a bit of a state, some minor bits of damage we have done but can repair, some stuff they should have done but haven't. after 9 yeras though you'd expect wear and tear surely?

During the conversation I had with the letting agent I asked why now when they've just offered a further six months which we have agreed to and I was told that the landlord was 'a little disappointed with how the property was being kept'. So, he's kicking us out because he thinks we aren't looking after it properly and he wants to make more money.

Not sure really how to go forward - I know we will lose our whole deposit but if they refuse to give a reference or give us a bad reference will we be able to get approval for another property? Anyone know? Parents have already stepped in and offered a deposit and two months rent for another property and we have a motorhome so if all else fails we can stay in that but it's not ideal. Or.....do references go along the lines of 'have potential tenants ever defaulted on the rent/had any complaints/criminal records' etc. We also have a reasonable large loan which is easy to repay every month but it's debt all the same, we aren't spending above our means as such so can afford more rent but am now just very nervous about where we go from here.

Landlord is coming around tomorrow again to talk about what is happening and potentially negotiate along with the letting agent that they will honour the offer to stay a further six months but to be honest I can't see it happening.

So - does a bad or no reference mean no roof over my head sorry for the length, just needed to get it off my chest as well as ask the question.

Posted 4 months ago #
Trimix - Member

Depends on the reference and the landlord - Ive judged my tennants by meeting them rather than a reference.

Posted 4 months ago #
cb - Member

He'd look an arse giving you a bad reference after renting to you for 9 years! At the other end of the scale, I recently gave a telephone reference for a previous tenant (who was Ok but not perfect). I was simply asked "are they OK", I replied yes and that was it.

Not very reassuring for landlords but I doubt you'll have a problem. If he wants you out, a good reference will also ease that transition.

Posted 4 months ago #
mrmo - Member

I don't actually believe that agents actually bother with references. Be grateful you got 9 years, i have given notice twice after 6months because the landlord wanted to up the re-decorate.

Posted 4 months ago #
thekingisdead - Member

9 years is pretty good indicator you're not [/i]that[i] bad a tenant

Re: the deposit. The landlord can only legally deduct charges for damage from your deposit. It is not for "reasonable wear & tear" (as some landlords think). After 9 years I'd expect a fair amount of wear & tear (assuming no work has been done in the mean time). Anything he is intending to charge you for I'd take pictures of / ask for him to prove it was damaged by tiyr

Also, your deposit, is it the same deposit you paid 9 years ago?
If it is, it probably wont cover much anyway.
Have you signed a new tenancy agreement since 2007? If so your deposit should have been transferred into the DPS (I think)

Posted 4 months ago #
emma82 - Member

That's a bit more reassuring thank you. I genuinely don't think we have bit bad tenants, it's just that one comment at being disappointed has made me worry that they are going to be awkward. Fingers crossed for tomorrow, as long as they aren't going to do anything that will prevent us getting another property I will not mind so much

*thanks king that's helpful. The deposit has grown with the rent ie we paid £20 every time the rent went up but they haven't increased the rent for the past three years and we've assumed it's because it reached its maximum rate for the quality of the house. Was cheap when we got it because it wasnt great but we have an inventory. Also, when we moved in the letting agent used to inspect and give us a list of things to fix that were ours and things that were their responsibility to fix but 4 years ago the landlord stopped that and started inspecting themselves. Since then we've had nothing in writing and theyve always come for a look around, promised to fix stuff but said all was ok and gone away again. Deposit has been transferred btw

Posted 4 months ago #
emma82 - Member

We sign a new tennancy agreement every 6 months and have to sign a deposit protection form with it?

Posted 4 months ago #
ebygomm - Member

I think unless you've actually been knocking holes in the walls and ripping off doors they'd find it difficult to hold onto any of your deposit after 9 years. Anything else is likely to fall under wear and tear, especially if they've not been doing as much maintenance on the property as they should.

Posted 4 months ago #
Rusty Mac - Member

Sounds to me as though the leasing agent has finally got to the owner and said you know if you do that place of yours up a bit you could get alot more money for it.

Factoring in 9 years wear and tear you should get a good bit of your deposit back if you haven't trashed the place and can repair any imperfections before you leave.

I rented a flat with some friends where the names on the lease had just been altered every year for 6 years (BP graduates passing it on one to the next when they moved on). The leasing agents told us all sorts of crap about why we were to move out. When we spoke directly to the owner it was simply that he knew he had to do renovations to the place and during that process we couldn't live there, also when they were finnished he expected the rental value to be significantly more. No bad referances were given and the other two guys i was sharing with at the time went on to rent a different property from the same agency without any trouble at all.

Posted 4 months ago #
emma82 - Member

Lol when you say holes.... Husband and friends did get drunk and miss the darts board badly one night but I've put that down as damage they'd take the deposit back for. Don't mind that but we were literally kids when that happened, just don't want a bad bloody reference to prevent us getting another house 8 years on. We certainly have not trashed the place. I also wonder whether they realised that we logged a lot of work with their previous property manager as they sacked him cus he was crap.

Posted 4 months ago #
andywoods - Member

if your deposit has been transferred into the dps which i think he is legally supposed too, i think you can argue your case to the dps were a landlord has to justify his reasons why he deducted £s from your deposit

Posted 4 months ago #
bland - Member

If the holes are in paintwork, white paintwork especially then just smooth over with some toothpaste, works a treat!

Posted 4 months ago #
emma82 - Member

tis on wall paper but it's easily fixable and they don't actually know its there as its under a picture so it's not like they've seen it and gone 'OMG, get them out' because of that.

Posted 4 months ago #
Pieface - Member

TBH they are being an aris if they charge you for that kind of damage, having lived in my own house for 5 years the damage I've done to it myself sounds similar / as superficial as what you've inflicted and is easily and cheaply sorted.

Sounds like you have a lazy landlord with an agent who knows they (the landlord) can afford to do the place up to charge more rental (and in turn the agent gets a bigger cut of the rental) - sounds like your agents are being bullies, especially as you've lived there with no hassle for the last 9 years.

Try to speak to the landlord without the agent being present. If they won't then it seems your stuck, which is crap.

Posted 4 months ago #
andyl - Member

Have you asked how much the rent is going up to, even if they have a ball park figure it may give you an idea if it is acceptable. Obviously you would be stuck for somewhere to live for a bit though.

Mum has had a lot of trouble with agents and bad tenants. She would love the damage to be what you have described but sadly after less than twelve months (she had them evicted) her house was trashed. Mixture of careless damage, intentionally altering (eg replacing carpet with badly fitted laminate and ripping off skirting) to deliberate malicious damage to the heating system and electrics which was meant to cause damage and potentially cause serious injury or worse. Deposit won't go anywhere near covering the costs to fix it and the latter issues are now in the hands of the Police.

Posted 4 months ago #
emma82 - Member

We've never, ever done anything like that. I can genuinely say that there are three small patches of unintentional damage to the property which can easily be fixed. There are marks on the walls that you would expect after 9 years etc but no intentional damage and nothing significant. I suspect he will want about £600 for the house, we pay 510 and have done the last 3 or so years. I think it's been the intention to do this since they stopped putting the rent up and now because we've asked if the kitchen could be reprainted he's just decided to do the whole house. Hubby thinks I'm just taking it to personally whereas really its just a business decision for landlord.

Posted 4 months ago #
was - Member

In your situation I would talk directly to your landlord. Letting agents sometimes are generous with the truth / don't know the full story. It sounds like your LL is a reasonable person so just talk directly with them. I doubt they wil mess you around with the deposit as you say they are going to refurb the property and they've had 9 years of rent out of you.

I think with your tenancy agreement in place for 6 months (unless it clearly says it has this exit clause) then it stands so technically you don't have to go. However nobody likes being unwanted so start looking for a new place now.

Reference I would try and get directly from LL too, or tell any new place you previously owned/ lived with parents / lodged etc.

Something doesn't sound right, however, I think your landlord is MENTAL for letting you go, good tenants who settle and stay longterm are like gold dust. If I were them I'd being doing it up a little for you to keep you!

Possibly the LL just wants to stop paying a cut to the Letting agent.... so will remarket without them? As I say speak direct to the LL and see if you can work something out.

Posted 4 months ago #
psling - Member

With regards moving on you are worrying unnecessarily! If you move and rent through an agent the searches tend to be financial, if you rent privately and references are even sought, as long as you have a good payment record and aren't house-wreckers you'll be fine!
Both you and the landlord have to agree on amount of deposit to be returned if held by DPS, if you cannot agree the DPS will arbitrate (FOC) and tend to favour the tenant on split (unless tenant has been willfully bad).

Posted 4 months ago #
psling - Member

Also, agree with Was above; landlord seems daft to lose a reliable tenant of 9 years if he intends to relet after refurb. I wonder if he's looking to sell with vacant possession?

Posted 4 months ago #
jonba - Member

You've been there for 9 years. I will echo the above that you would expect a whole lot of wear and tear in that time. After 9 years I would guess the rooms would need repainting and the carpets replacing (assuming they weren't). This would be normal wear and tear. If he is planning on renovating and that is why he is asking you to leave then he is on dodgy ground saying he needs your deposit to repair things.

I'd check up on the deposit protection thing with citizens advice or shelter. They are supposed to do it in a set number of days otherwise there is a hefty fine. Not sure if it counts for renewals but I would guess it does.

Posted 4 months ago #
emma82 - Member

He had the place remortgaged two years ago and they own multiple properties so doubt he wants to sell. He did the inspection last Sunday on his own and said he was happy. Don't know why he couldn't have just said then but we'll see. I think he came round, we asked for the kitchen to be painted and the property manager has then suggested redoing the whole house as they said years ago that the bathroom and spare room need work so I think hes just decided to do the whole house but is choosing to lay some of the blame at our door which really isn't fair given that we've never given them any problems

Posted 4 months ago #
emma82 - Member

Panic over - they have been and gone and they have rescinded the notice. Was very fair and basically said he hadn't been happy with the house last week as we hadn't had a very good clean of the spare room, recycle bin was full and there was a bike (NOT mine ) in the living and he said the house smelled funny (mackerel for tea the night before ) We have had a good clean around this morning before they came which I think they appreciated so notice is rescinded, no threat to deposit which he was very clear about, and the house is going to be redecorated I think he had a word with the agency who have told them they were being a little unfair. so, we can stay as long as we want again now

Posted 4 months ago #
TandemJeremy - Member

nice one.

Posted 4 months ago #
totalshell - Member

let it be a lesson though. although it is your home it is somebody elses property and its on thier whim whether you stay or not. cultivate a better open relationship with the guy 'ask' for notice before he comes around ( only allowed to do so twice a year unless for specific maintenance)
if he has multiple properties all he wants is an easy time he doesnt even want to think about you or the property so decorate yourselves>>( ask for a cash contribution when complete) give him a small but managable list of work that would improve the property and you ll be much better off..

for what its worth with the housing benifit cuts starting to take effect demand for lower priced accomadation will increase so if you consider your rent low but could be higher then demand will soon be outstripping supply and guess what happens then..

Posted 4 months ago #
emma82 - Member

I didn't think asking for a coat of paint in the kitchen was particularly unreasonable after 10 years it's actually but there you, neither did he after advice from the lettings agent. I made a few points that he also couldn't disagree with after he'd 'taken some advice from the agent'. In other words he got told his knee jerk reaction was a little out of order I think cus when I had my little rant he went quiet and the agent had a little grin on his face.

Posted 4 months ago #