Landlord planning to demolish property

[pooky2483]

Re: Landlord planning to demolish property

Is your Landlord Mr Gxxxe and is the tenancy agreement in his own name or his company's name as per the planning application? That company is based in Llandudno North Wales so it should be easy to contact him direct never mind the lazy letting agent. Sometimes it's the agent who doesn't get things organised promptly because there's no money in it for them. If they send out their own contractors they get commission on the recommended work (which is why some agents over-recommend). Let me know if I've got the right Landlord and then I'll add some more information.


Do you pay your rent to the agent or to the Landlord because this could make a difference?


I sense your outrage that this has been done behind your back when you've invested some of your own money. If you got that money back would you be happy? If you keep things civil you may be able to negotiate a free month's rent or two before you go. I note you say you're on benefits which may include Housing Benefit (LA). It could be fraud if you had a free rent period but still claim HB so it would be better to claim back the actual amount spent.

Yes, that's our LL, where can I post a copy of the Tennancy Agreement as I have scanned it to PDF?
The LA charges a fee to the LL for services such as collecting rent (paid into the LA's account).

[pooky2483]

Re: Landlord planning to demolish property

We also have another repair issue.
We reported a broken light fitting which is between the front room and is a small 'hallway' to the bedrooms & bathroom. This was back in May 2013, there are 'inspections' every 4 months, so we have reported it every time there was an 'inspection'

[pooky2483]

Re: Landlord planning to demolish property

While I'm digging the dirt on the LL & LA, they also didn't provide us with the Energy Performance Certificate' either when viewing the property or when we were signing the first tennancy agreement. I've read somewhere that they should have.

[pooky2483]

Re: Landlord planning to demolish property

We did get one, though it took me asking for one, after I found out that they have to give us one.

[PlanB]

Re: Landlord planning to demolish property

Yes, that's our LL, . . .
The LA charges a fee to the LL for services such as collecting rent (paid into the LA's account).

You've every right to feel indignant because nobody told you a bulldozer was going to come and demolish your home. You must be in compete shock. I would be. Especially after you've paid out of your own pocket to upgrade it. What you need now is a strategy to recover your financial investment (if you can) since you can't stop this development even if you can delay it.

Think like a DCA. Start by being nicey nicey and then turn up the heat. Begin with a polite letter to the letting agent simply saying that you're shocked to learn the property is to be demolished from a poster in the street, tell them you're disappointed at the news since you have invested a considerable amount of your own money to upgrade the Landlord's property, ask for the timescale of the project, ask if the Landlord is expecting you to vacate the property on 2nd March 2014 when your current tenancy expires (don't say that you are prepared to go), and tell the agent you need the answer before Christmas (specify a date) so that you can begin to look for a new home in the New year. That's all, no threats at this stage. You're information seeking.

This will make the agent focus. He will realize that once you've gone he will no longer get commission for Rent Collection (that's usually around 5% of the rent due). It's in his interests to keep you in the property. I would send a copy of your letter to the Landlord. If it's Mr Gxxxe from the company named on the planning application you can Google the business for that North Wales address. I see Mrs Gxxxe is also a Director of the company so she might read it even if he doesn't. Whose name is on the AST?

If you want to stay in the property for as long as possible then this is the situation. No one can ask you to leave before 2nd March 2012 when your AST expires. Even then you don't have to pack up and go. If you stay put the Landlord will have to go through a lengthy repossession process. First he'll have to serve you with a section 21 Notice giving you two months' notice (that takes you up to 2nd May 2014). Then if you don't go voluntarily he has to apply to the court for a possession order. A hearing is unlikely to be listed for another two months (July 2014). Then if he gets a possession order (which he will) and you still stay put he will have to get an Eviction Warrant from the court which can allow you a maximum of 42 days before bailiffs can call at the property (September 2014). Whether you pay your rent throughout this period is entirely up to you. You will probably be chased for it through the courts at a later stage if you don't.

The reason I said don't tell the agent now that you will/won't be leaving on 2nd March is to hopefully prevent him from serving you with that section 21 Notice now because that would shorten the timetable by two months. It all depends on whether he's a savvy agent who knows what he has to do to get rid of you in legal terms.

[PlanB]

Re: Landlord planning to demolish property

where can I post a copy of the Tennancy Agreement as I have scanned it to PDF?

Don't worry about sending your AST to me before Christmas. I'll PM you an email address then. You have a lot of ammunition of possible breaches of the contract over maintenance. This will probably all come out in the wash when you debate the deposit. Where is your deposit? Is in one of the TDS schemes or is it held by the Landlord/Agent and insured by mydeposits? You can check on the Shelter website without the need to ask the agent/Landlord. In fact definitely don't ask them because if they didn't un-insure and re-insure your deposit when you signed your new AST in March 2013 then it's safe to assume it's not insured in legal terms and the Landlord cannot repossess you (loads of new case law on this). Check the status first here:

http://england.shelter.org.uk/get_ad...eposit_schemes

[PlanB]

Re: Landlord planning to demolish property

I bet you're dying to ask me whether you should pay the last two month's rent on your property in order to recover the money you've invested in carpet and wallpaper (£1,650). In law you must pay your rent and you have no right to withhold it. If you don't pay it the Landlord will use your deposit to offset the rent. I expect you paid the equivalent of 4 - 6 weeks rent as the deposit. The AST could say that the deposit is only to be used for dilapidations etc and not for rent arrears but the TDS arbitration service may see it slightly differently (in your favour). If you sued him for your deposit he would counterclaim for your rent arrears.

So the answer to your question (which you haven't asked me) is you should pay your rent which is due on 2nd January. But I wouldn't blame you if you didn't

A lot depends on what comes back on the timescale of events. If you learn that the development is unlikely to go ahead for another year or more then you may want to pay your rent to keep the Landlord happy so you get to stay for as long as possible. Although he does sound like a rubbish Landlord and you may want to move on anyway.

[pooky2483]

Re: Landlord planning to demolish property

I just need to send one to the LA as they forward copies (they say) of everything I send them.

[pooky2483]

Re: Landlord planning to demolish property

Don't worry about sending your AST to me before Christmas. I'll PM you an email address then. You have a lot of ammunition of possible breaches of the contract over maintenance. This will probably all come out in the wash when you debate the deposit. Where is your deposit? Is in one of the TDS schemes or is it held by the Landlord/Agent and insured by mydeposits? You can check on the Shelter website without the need to ask the agent/Landlord. In fact definitely don't ask them because if they didn't un-insure and re-insure your deposit when you signed your new AST in March 2013 then it's safe to assume it's not insured in legal terms and the Landlord cannot repossess you (loads of new case law on this). Check the status first here:


http://england.shelter.org.uk/get_ad...eposit_schemes

It's with a TDS as we saw he paperwork when we first signed the initial contact back in 2010.
Does a new set of TDS paperwork need to be processed every contract renewal?
If so, we have not.

EDIT #1
Looking through the paperwork, we got a certificate of tenancy registration in 2010 covering 2010 03 03 to 2012 02 03 but we have not had a new one for 2012 03 03 to 2014 02 03

EDIT#2
Just checked on TDS and they've renewed it but didn't send us a certificate confirming it.

[pooky2483]

Re: Landlord planning to demolish property

A lot depends on what comes back on the timescale of events. If you learn that the development is unlikely to go ahead for another year or more then you may want to pay your rent to keep the Landlord happy so you get to stay for as long as possible. Although he does sound like a rubbish Landlord and you may want to move on anyway.

We already have our name on the Council Housing List :-)

[PlanB]

Re: Landlord planning to demolish property

We already have our name on the Council Housing List :-)

Well in that case why not sit tight until you get a Possession Order from the court and the follow-up Eviction Warrant, then the council will have a statutory duty to rehouse you if you have children etc (depending on your income status).

However if you have rent arrears they will not rehouse you as you will be deemed as 'Intentionally Homeless' especially if you are in receipt of HB.

[PlanB]

Re: Landlord planning to demolish property

It's with a TDS as we saw he paperwork when we first signed the initial contact back in 2010.
Does a new set of TDS paperwork need to be processed every contract renewal?
If so, we have not.

EDIT #1
Looking through the paperwork, we got a certificate of tenancy registration in 2010 covering 2010 03 03 to 2012 02 03 but we have not had a new one for 2012 03 03 to 2014 02 03

EDIT#2
Just checked on TDS and they've renewed it but didn't send us a certificate confirming it.

If the Landlord didn't send you the certificate and the information for tenants that goes with it (a bit like prescribed terms with CCAs) then it's not legally compliant regardless of whether it's insured or not. However this is easily remedied just like a DN can be remedied.

[pooky2483]

Re: Landlord planning to demolish property

I've checked this site and it shows 2 references to the Company, one dissolved and another is a residential address just round the corner from us. I can't see any personal details such as the names you mention, what site are you checking for the information?

[pooky2483]

Re: Landlord planning to demolish property

Here are some letters from the LA in response to the inspections, one of them is notification of rent increase.The rent was increased on 3rd March yet we were notified on 12th March, shouldn't they notify us BEFORE he rent increase?

The property WOULD smell of dog in the morning as all he windows are closed so there's no air circulating.
The grass can't be cut before,during or just after it has rained, that's when we had some 'inspections'
The letter that says the carpets need cleaning throughout, they were the ones that were in the property when we moved in and were worn through to the concrete and the backing had turned to dust and there was no underlay.

[patchouli]

Re: Landlord planning to demolish property

Ooh we dont get a copy of these from our LA... It's a bit harsh in places.. especially the 'Tenant is going blind'... wtf??? And yes you have mentioned the fence plenty of times!!

Oohh careful your postcode is on some... and ooohh you live near my Brother!