[emilyjAMES]

I am currently living in a house share with one other person and wanted some advice on what to do. The landlord does not live in our property but he is there almost every day (including some weekends) doing bits around the house, reading, listening to the radio, cooking himself food etc.
To begin with, I didn't say anything as there were a lot of other people in the house so it didnt really interfere in my life, but as time has gone on and people have moved out, it has become a real issue.
He tells me off for the newspaper i read, criticises my friends, told my boyfriend he was only allowed to come around twice a week etc etc.
I put up with it as I loved the house and my room but things reached an all time low a couple of weeks ago. We had an argument about some repairs that needed doing in my room - he asked me to leave my room unlocked and that he would do them at some point during the week but it never got done. The Easter weekend came and he turned up at the house on Good Friday supposedly to do repairs again. He said he would try to do my room that day, but if he didnt, he would come back on Easter Sunday. I was going away that weekend so said to him that I would prefer he did the repairs when I was around so that i wouldn't have to leave my room unlock for days. He went completely crazy saying I was implying he and the other person in the house were thieves. I tried to explain I didnt mean that at all but now a few weeks later, he has said he is selling the house and wants me out. That is fair enough but he hasn't asked the other guy to move out!
We now have an issue about the deposit too, I paid £380 when i moved in but because of the way he charged my rent for the first year (he charged weekly and i paid per calendar month, there were several weeks unaccounted for). Again an argument ensued and he agreed to make the rent per calendar month but I am now without a deposit.
I dont know what my rights are as he refused to give a contract.
I have since found out the reason behind this...........he has all his utility bills sent to our house and pretends he lives there so as to avoid declaring his income from us. He is receiving winter fuel allowance from the government and using this to pay our heating etc!
Help!! Are all landlords like this? I am moving soon and scared to death I am going to have to put up with all these issues again


I have recently been told by my landlord that he is selling the property I live in (a house share) and he needs me to move out by the end of April.
This is all fine, however, he hasn't asked the other person in the house to leave.

I am starting to think it is just an excuse to get me out as we did have an argument a few weeks ago.

[crabs]

[crabs]

next time get yourself a £2 contract from whsmith, asl LL too sign it always have a contract.

[emilyjAMES]

thanks.. i may just tell the benefit hotline!

he refused to sign a contract - i have asked several times and he said i was being 'pathetic'

[Bluey]

You will benefit from advice from Shelter - they give free expert advice to tenants and have a helpline number on their website. Ask them for advice and come back to the forum to let us know what they advise.

I am not qualified to give advice but here's my assumptions (which you should verify with a professional).

The lack of a contract doesn't mean that you have less rights (just that the landlord hopes you think you do). If the landlord does not live in the property, he cannot enter it unless he gives notice and receives permission from the tenants.

Entering without permission can be considered as harassment - this is considered a serious offence. Tenants are entitled to 'quiet enjoyment' of the property and Shelter may advise you to report him to the local council (tenancy relations officer), report him to the Police and/or change the locks.

Also, landlords must supply a Corgi gas safety certificate to tenants if there is a boiler/gas appliances in the property. 30 people die each year of carbon monoxide poisoning in the UK. It's a serious offence for the landlord not to have one. Report him to the local council if you haven't been given one.

A landlord who receives a deposit after 07 April 2007 is supposed to protect it in the Tenancy Deposit scheme and failure to do this is punishable by them having to pay back x3 sum of the deposit to the tenant. Shelter will be able to advise you how to deal with this if it should have been in TDS or how to take him to the small claims court if he doesn't give it back. This doesn't apply before this date or if you are a lodger but if he doesn't actually live there (i.e. has a room there, then you aren't a lodger).

http://www.direct.gov.uk/en/TenancyDeposit/index.htm

You may be happy to move out, otherwise if you are not, your landlord has to go through the proper channels to evict you. Basically, unless you go of your own volition, the landlord has to serve the proper notice and take you to court. Again, Shelter can give you more info.

I agree with Crabs - I think your landlord intends to conceal his taxable income and Capital Gains Tax when in fact, it's not his primary residence and you are all tenants, not lodgers with a live-in landlord.

[emilyjAMES]

thanks for the reply.
i have spoken to shelter and it does seem that my landlord is not doing things correctly.
even though he pretends to live at our house, he doesn't sleep there and therefore his other house would be considered his main home.
as a result, i am entitled to two months written notice from him.
I have only been given one as i said in my earlier email.
Re the deposit - very interestingly, no landlord is allowed to take any rent arrears from your deposit. this should be a separate issue and i have been told i could take him to a small claims court for this.

will keep you updated.

ive decided not to pay my rent this month - i honestly dont think he would want to take me to court. he has a lot more to lose than i do!

[emilyjAMES]

I have finally found somewhere new to live but, now have encountered a whole load more problems.
I havent paid my current landlord any rent this month because of the issues we have re the deposit and now he has taken to turning off the hot water and central heating! Only discovered this earlier today when i went to have a wash.
i am moving tomorrow (which havent told him) but is there anything he can do to track me down. how likely is it a landlord would take you to court for £200 (bearing in mind ive lost £360 deposit)

[Elina]

I doubt it very much if he would take you to court. He'd be worse off considering he's not doing things by the book. Even if he won your case, I think Inland Revenue would be quite curious on his extra income. He's got more to lose.

I also doubt if he can track you down. Just as long as you don't leave a forwarding address!

[emilyjAMES]

thanks, i will definitely not be leaving a forwarding address!!
he has moved in this week too so its going to be a nightmare trying to move out too.

cheers for all the advice everyone:-)