View Full Version : I'm in dispute with my current landlady
bicesterladee
22nd March 2013, 23:44
Issue 1: My landlady asked for an additional 20 pounds weekly from my usual rent. Since I pay in 4 weeks, it will cost 80pounds. The problem is, it's just a week's notice and since I'm paying in 4 weeks time, you have to inform me in 4 weeks as well
Issue 2: From my stay we have an agreement of a certain amount until the month of April, 2013, so i said, we have to stick to the contract, I understand the bills are getting high, but I have the right as a tenant to be given a notice in month's time, so I told my landlady, what's the use of the contract if we won't be following this?
Issue 3: Since, I can't pay more what was being asked of me, and take note that my next rent due was March 12, and I have given her a notice last March 8 that I will be leaving in a month's time. So it was settled to stick to the contract and pay the initial rent instead. What happened was I miscalculated the days, It was my mistake to count a month March 8 -April 8 and ended up paying 3 weeks from the date, March 12. so to count, I just paid 3 weeks until April 2 but I should pay until April 6 (because this is the 4th week from the day that I declared i will be moving out) So now she argued, that a month's notice should be from the time I pay my next due. I said, no, because from my previous landlady, she counted this way, argghh- she was already steaming. and since I owe her like 4 days, to compromise, i will leave in 2 weeks. so she asked what day? I said might be weekend,March 23, saturday, but then I realized that i have work that time and can't move, so i asked for the incoming tuesday March 26 instead. So she agreed, since I trusted her, i didn't write on the paper and signed etc.-- so this has settled already, she said, it's fine.
Issue 4: She sent me a message that I have to leave 23rd since somebody will be occupying the room on that day, i said, I would be happy as long as I will have my unused money back. She said, you only paid 3 weeks so I have the right to evict you. I told her, I will be leaving in 3 days after that to compromise so what's your purpose.
She was shouting at me like hell, and I told her I will not leave at the 23rd since we have agreed 26th. She even threatened me that she will put my things out to etc.
I was caught in a situation where she has used her power and arguments just to win. I have phone the citizen's advice and I told her both ends. They mentioned that the landlady doesnt have a right to evict a tenant unless there will be due proceedings, even though I missed to pay a week, if she wants me to leave, she has to pay me back the money or I will stay until my tenancy ends.
I was also thinking about really filing a criminal case for shouting at me and showing indifference to my feelings.
At the moment she asked me if do I agree to be paid 95 gbp and i will just leave on the 23rd, I said YES! She is not at home at the moment so I am worried about tomorrow. I am really stressed, drained about all these chaos. She has insulted me enough and would really like to sue her or file her apart from asking the money back.
we'll see tomorrow and goodluck to me, I hope I won't have any problem with her.. :(
btw, I started renting the room from November, and we were so happy and contented. We didn't have problems until recently. I saw her true character and it was really shocking! :xxaction-smiley-047:xxaction-smiley-047
grahamw48
23rd March 2013, 00:04
You have lots of rights as a tenant.
CAB are correct. She can't evict you without a COURT ORDER...no matter what she says.
From the behaviour you have described she is bullying, threatening and HARRASSING you, which is also illegal.
Take a firm stand on this, don't let her intimidate you (she has no right to), and next time she gives you this kind of :censored:, tell her to take a hike or the police will be called.
Oh, and as regards the rent, you are entitled to take her to a RENT TRIBUNAL, where THEY will decide what is a fair rent. She can't just put the rent up without your agreement.
I would also advise you to take dated photos of the interior of your accommodation, including carpets, fittings and fixtures etc, before you move out, so that she can't later claim that things were missing or damaged.
Rosie1958
23rd March 2013, 00:24
Sound advice from Graham. :xxgrinning--00xx3: Best of luck, Bicesterladee, I do hope that things work out for you
tiger31
23rd March 2013, 06:21
but on the other hand your not in the philippines filing a case because you think she insulted you won,t get very far in our courts and you would have wasted your money .my advice is just leave and find a better landlady .I rent out 5 rooms with no tenancy agreements and have never had any problems.
Dedworth
23rd March 2013, 09:56
She can't evict you without complying with legal procedures
http://england.shelter.org.uk/get_advice/eviction
Call Shelter now 0808 800 4444
bicesterladee
23rd March 2013, 10:01
Thank you people for cheering me up, I know the law is on my side. I just am not good with arguments specially when you're dealing with a person who confronts with her anger. She shouted at me to quote: "this is my home, built for MY kids! How can you stay in a place when you are unwanted, I can't believe you, YOU ARE SUCH A DISGUSTING PERSON"
How can I be a disgusting person when I just fight for what is right? If I will follow her, she will always think this way and will do the same to her future tenants.
Terpe
23rd March 2013, 10:19
Sorry to learn about this. It's very stressful and upsetting.
You have been given valuable advice.
Don't allow your landlady to push you into a corner
bicesterladee
23rd March 2013, 10:44
Sorry to learn about this. It's very stressful and upsetting.
You have been given valuable advice.
Don't allow your landlady to push you into a corner
She was even telling me months ago, that she liked me and the kids love me, and now because I don't agree with her, I am already a disgusting person. ugh!
I am expecting her to pay me today, and if not, I will stay until my tenancy ends.
I think I was too kind that she thought she can just shoo me off like that.
bicesterladee
23rd March 2013, 11:25
Is it possible to record our conversation? In case she has done something worst than that, at least I have a proof. I know it's illegal but are there any exceptions etc?
grahamw48
23rd March 2013, 11:34
I don't think it's illegal to do that...or to video your interactions with her. Look on youtube. There are dozens of videos showing harrassment from landlords.
She is not permitted to enter the property without first giving reasonable notice to you anyway.
Can't you borrow someone's Pitbull Terrier, until you're ready to leave ? :biggrin:
bicesterladee
23rd March 2013, 11:40
oh, I missed to include, that I am just renting a room within her house
. so basically, we live together. And I just found out that she is also just renting the house and is accepting benefits from the council (so this is a council house?) and It's illegal for her if not stated in the agreement.. ohmy, she must be in big trouble.
Michael Parnham
23rd March 2013, 11:42
Try to find a place that is managed properly by a reputable estate agent, then you won't have problems like this again! :xxgrinning--00xx3:
bicesterladee
23rd March 2013, 11:48
Try to find a place that is managed properly by a reputable estate agent, then you won't have problems like this again! :xxgrinning--00xx3:
I am just renting a room within her house.
joebloggs
23rd March 2013, 12:00
does she live in the house ? how many people live in the house in total ? and how many bed rooms does it have ? she can take a lodger if its a council house, but she needs permission first and the house cannot become overcrowded.
grahamw48
23rd March 2013, 12:00
oh, I missed to include, that I am just renting a room within her house
. so basically, we live together. And I just found out that she is also just renting the house and is accepting benefits from the council (so this is a council house?) and It's illegal for her if not stated in the agreement.. ohmy, she must be in big trouble.
Aah...you may have a bargaining tool then...if she has not declared the income from the room to the council and the Department for Work and Pensions. :smile:
Just check whether you should also be paying council tax though (as you are an extra adult in the house) before making any anonymous phone calls to the (free) benefit fraud line. :)
bigmarco
23rd March 2013, 12:01
oh, I missed to include, that I am just renting a room within her house
. so basically, we live together. And I just found out that she is also just renting the house and is accepting benefits from the council (so this is a council house?) and It's illegal for her if not stated in the agreement.. ohmy, she must be in big trouble.
Plenty of sound advice here already so please take note.
If this is true perhaps you or your hubby should let the council know and send them a copy of your contract as that will affect her benefits and could possibly land this nasty piece of work in a lot of trouble.
Good luck.
grahamw48
23rd March 2013, 12:01
does she live in the house ? how many people live in the house in total ? and how many bed rooms does it have ? she can take a lodger if its a council house, but she needs permission first and the house cannot become overcrowded.
Yes...could be a right can of worms there. :biggrin:
Terpe
23rd March 2013, 12:17
Is it possible to record our conversation? In case she has done something worst than that, at least I have a proof. I know it's illegal but are there any exceptions etc?
I stand to be corrected by an expert, but as I understand it you would be highly unlikely to be breaking any privacy or data protection law.
Section 36 of the Data Protection Act states that:-
Personal data processed by an individual only for the purposes of that individual’s personal, family or household affairs (including recreational purposes) are exempt from the data protection principles and the provisions of Parts II and III.
So if the data recorded relates to your landlady and your tenancy, and it was made by you for the sole purpose of keeping a record of the discussion, the Act does not apply.
As such the fact that you did not seek consent to the recording is not considered a breach of data protection law.
The landlady might try to rely on privacy laws instead.
However, this can only be followed if the recorded information relates to the landlady's personal and family life and affairs and such information is publicly disclosed without justification.
I very much doubt that the scenario of a tenant audio recording a discussion with their landlady about their tenancy could be construed as relating to anything other than solely to the tenant.
Your landlady might consider an act of surveillance, but it is not unlawful under privacy laws.
Secret recordings are, in many circumstances, accepted in court even if the person being recorded didn't know it.
I understand that if a recording is offered in evidence, there should be a disclosed transcript of it as an exhibit.
The original recording should be offered and /or taken to court.
It can be very useful to have this type of evidence indexed by a numbered position in transcript so specific points or disputed points can be quickly located.
Hope this helps.
By the way, you should always seek legal advice BEFORE using such evidence and seek proper guidance on how to present it.
bicesterladee
23rd March 2013, 12:22
does she live in the house ? how many people live in the house in total ? and how many bed rooms does it have ? she can take a lodger if its a council house, but she needs permission first and the house cannot become overcrowded.
She's a single mom with 2 kids, 3 bed rooms including mine.
bicesterladee
23rd March 2013, 12:27
I stand to be corrected by an expert, but as I understand it you would be highly unlikely to be breaking any privacy or data protection law.
Section 36 of the Data Protection Act states that:-
So if the data recorded relates to your landlady and your tenancy, and it was made by you for the sole purpose of keeping a record of the discussion, the Act does not apply.
As such the fact that you did not seek consent to the recording is not considered a breach of data protection law.
The landlady might try to rely on privacy laws instead.
However, this can only be followed if the recorded information relates to the landlady's personal and family life and affairs and such information is publicly disclosed without justification.
I very much doubt that the scenario of a tenant audio recording a discussion with their landlady about their tenancy could be construed as relating to anything other than solely to the tenant.
Your landlady might consider an act of surveillance, but it is not unlawful under privacy laws.
Secret recordings are, in many circumstances, accepted in court even if the person being recorded didn't know it.
I understand that if a recording is offered in evidence, there should be a disclosed transcript of it as an exhibit.
The original recording should be offered and /or taken to court.
It can be very useful to have this type of evidence indexed by a numbered position in transcript so specific points or disputed points can be quickly located.
Hope this helps.
By the way, you should always seek legal advice BEFORE using such evidence and seek proper guidance on how to present it.
thanks terpe, but i hope it won't reach to that point. All I want is if she wants me to leave earlier than we have agreed then she just has to pay me the back the money unused. She will have her room, she won't see me anymore and she can carry on with her life.
In my case, I will have my money to pay for b&b etc, see, she has more benefits than I have....:blahblah::blahblah:
joebloggs
23rd March 2013, 12:51
She's a single mom with 2 kids, 3 bed rooms including mine.
how old are her kids ? maybe shes not informed the council your living there..
bicesterladee
23rd March 2013, 12:57
how old are her kids ? maybe shes not informed the council your living there..
1yo daughter and a 3yo son. I mean, you know it's her business, and I really don't care. However, with her appalling character, I have already given her a bargain, i'll leave, he just have to give me back the 10 days money or a week will be enough. we will see today, and will update you.
andy222
23rd March 2013, 13:05
Private landlords ay? Like I said before there should be a limit on houses that people can own. Then there would be more houses and apartments available for a respectable rent. I sympathise with you but private landlords have got you by the b****cks. Also I think there should be longer tennancy agreements.
stevewool
23rd March 2013, 13:22
you get good and bad in all people, landlords and renters too, but if i was not welcome in the house no more i would be off, what do you pay and what do you get for that too may i ask
bicesterladee
23rd March 2013, 13:33
you get and bad in all people, landlords and renters too, but if i was not welcome in the house no more i would be off, what do you pay and what do you get for that too may i ask
I miscalculated the dates so eventually I just paid 3 weeks instead of 4 weeks, so she used this as an argument, that I owe her a week, and I can't pay so she has to evict me. I told her on the day that I paid, to compromise, I will leave in 2 weeks that would be March 26----> so this discussion has been settled, she agreed with that on March 12, 2013. After a week, she sent me a message that I have to leave earlier like 23rd, I said I can't. She said, it's her house, and I didn't pay the full 4 weeks, so she has the right to evict me.
I said, I would be happy to leave, just pay the unused days (as the CAB suggested). And she didn't agree. then, she confronted me :blahblah::blahblah: etc, and she will take all my belongings out.
so I told her, I will stay until what I have paid because I actually have given you a favor, and if you want this matter to be easier, just pay me back the money.
she has agreed to pay me back the money today, and me to leave today as well. but she is not here yet. :/
I really am not good with arguments and I'm really trying my best to fight for myself. I just cant stand her anymore, and would love to leave, but I have no place to stay so I just want my money back!
bicesterladee
23rd March 2013, 15:51
Sound advice from Graham. :xxgrinning--00xx3: Best of luck, Bicesterladee, I do hope that things work out for you
Thanks Rosie1958, I am hoping everything will be fine too.
Ako Si Jamie
23rd March 2013, 21:22
Private landlords ay? Like I said before there should be a limit on houses that people can own. Then there would be more houses and apartments available for a respectable rent. I sympathise with you but private landlords have got you by the b****cks. Also I think there should be longer tennancy agreements.Agree totally with your first point Andy but private landlords can be an unscrupulous bunch and will try it on with certain tenants thinking they don't know the law. I think nowadays tenants have got more rights than they use to have.
bicesterladee
23rd March 2013, 22:43
I stayed the whole day today at home because my landlady is supposed to pay me the unused money 1 whole week. She is now at home and she didn't even metnioned about me leaving or paying me back. She is full of games :doh:doh I'm sick and tired of this! it is sooo unjust!
You are right there JamieXXXMaria, I can't be fooled, and it doesn't mean that I am a foreigner to this country, i don't know rules?? It doesn't take a genius!!!!
bicesterladee
25th March 2013, 19:14
UPDATE:
When I went home this morning, I was in shock that the lock was changed, so I can't get inside. So I knocked and the father was there, and said I'm not allowed to come in. so I said, my things are in there can I just get it at least, so he escorted me to my room and pack all my things.... They are really impudent!!!!
I don't care about the money anymore, I just want to give them a doze of their own medicine!!:cwm23::cwm23::cwm23::cwm23::cwm23::cwm23:
andy222
25th March 2013, 19:27
First of all I am sorry about your situation. No one should be treated like that if you are a good payer and tennant.
bicesterladee
25th March 2013, 19:31
First of all I am sorry about your situation. No one should be treated like that if you are a good payer and tennant.
And we have agreed that she will pay me this Saturday. I waited for her, but no words from her!!!
This is really stressing.
andy222
25th March 2013, 19:34
I doubt whether you will see your money. I would get advice from somewhere. Listen to what the members have advised you to do.
imagine
25th March 2013, 19:41
report her to all authorities, I bet she not declared to council tax,dhss, tax ect
bicesterladee
25th March 2013, 19:49
yes, I will first thing early tomorrow!! I have given advice from this, and she will surely regret everything she has done to me! I have all the necessary proofs and etc.
andy222
25th March 2013, 19:50
Good for you.:xxgrinning--00xx3:
imagine
25th March 2013, 20:05
:xxaction-smiley-047:xxgrinning--00xx3::xxgrinning--00xx3:
bicesterladee
25th March 2013, 20:07
Everything is soooo disappointing really.
raynaputi
25th March 2013, 20:11
Where are you staying now? That is really awful! :xxaction-smiley-047 I can only hope for the best with your complaints to the authorities regarding this awful landlady! :xxgrinning--00xx3:
bicesterladee
25th March 2013, 20:16
Where are you staying now? That is really awful! :xxaction-smiley-047 I can only hope for the best with your complaints to the authorities regarding this awful landlady! :xxgrinning--00xx3:
I'm staying at my friend's house for a while although I already have a room for me to rent in 2 days.
We didn't have a problem for the past 4 months just that i didn't agree with her rising of the rent, it ended up into chaos. We have agreed last week that she will pay me with what was left and when I stayed at home last weekend, waiting for her, not a word from her.
She has played such a rude game, that I really want her to pay for this!
bicesterladee
25th March 2013, 20:18
Even her family (who became close to me already) asked, what has happened, why it is like this, everything went soo perfect. Wellll.... I thought so too..... Damn, I trust other people so fast!:doh
grahamw48
25th March 2013, 23:33
Don't forget to report the horrible cow.
There can be no excuse for such despicable behaviour.
She's not a landlady, just someone supplementing her benefits without declaring the extra income from the room.
Just phone the benefit fraud line.
If she has declared it, then she has nothing to fear.
bicesterladee
26th April 2013, 14:59
To update:
I have found a new room in a very nice family. However, just recently my current landlady received an e-mail from my previous landlady. It was not sent particularly to her but I assumed, it was sent to all the spare room ads in my place.
This is how the letter looks like:
https://docs.google.com/file/d/0B8gTal2H_z9bRHhneE5OQlZGa28/edit?usp=sharing
Do you think this is a criminal offense? She's so sick!
bicesterladee
26th April 2013, 15:02
There was no police involved! Liar! Squatters? I always pay in advance! Arghh!!!
Dedworth
26th April 2013, 15:06
Can't read it but I guess she is being libellous about you I think it is a civil issue - might be worth taking it up with the website owners
bicesterladee
26th April 2013, 15:09
"Hi I'm just trying to warn advertisers off a con artist through this site. Her name is __________ with a mobile number_________ They refuse to pay and become squatters, I have to involve police and am very distraught in my own home with two children under 5. I do not wish this on anybody"
grahamw48
26th April 2013, 15:15
Definite libel and defamation of character there. Stupid woman. :NoNo:
I suggest you call in at Citizens Advice Bureau for some FREE legal advice....taking a printed copy of the email/webpage.
...Plus any receipts for the rent you paid, etc.
Also, get straight on to the free benefit fraud line and ask them to check up on her.
She should certainly have been paying extra council tax, if there was more than one adult in the house, so you can call your local council's benefit fraud line too.
Dedworth
26th April 2013, 16:03
Also, get straight on to the free benefit fraud line and ask them to check up on her.
Sound advice Graham
National Benefit Fraud Hotline 0800 854 440
Following is useful if you need to report an income tax or VAT dodger
HMRC Intelligence
Centre for Research and Intelligence
Freepost NAT22785
Cardiff CF14 5GX
Tel 0800 788 887
bicesterladee
26th April 2013, 16:52
Definite libel and defamation of character there. Stupid woman. :NoNo:
I suggest you call in at Citizens Advice Bureau for some FREE legal advice....taking a printed copy of the email/webpage.
...Plus any receipts for the rent you paid, etc.
Also, get straight on to the free benefit fraud line and ask them to check up on her.
She should certainly have been paying extra council tax, if there was more than one adult in the house, so you can call your local council's benefit fraud line too.
Already been to the CAB, and they just literally gave me an advice to write letter to my previous landlady about asking the money back.
Not really helpful :/ I just want this woman to learn her lesson.
grahamw48
26th April 2013, 17:38
You can sue her for the money through the 'small claims' court. Very cheap, and they will advise you how to do it.
Don't forget to report her to the benefits people. They will accept calls without you giving your name or other details.
Neither does your info have to be accurate. They will just investigate.
bicesterladee
26th April 2013, 17:40
You can sue her for the money through the 'small claims' court. Very cheap, and they will advise you how to do it.
Don't forget to report her to the benefits people. They will accept calls without you giving your name or other details.
Neither does your info have to be accurate. They will just investigate.
Thanks Graham! will definitely do that.
grahamw48
26th April 2013, 17:48
You're welcome.
I used to be a Fraud Officer for the benefits people. :icon_lol:
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