questions

Can a landlord be held responsible if a tenant's aggressive dog attacks someone on the premises? — by Conrad Murray — last modified 2008-05-03 10:21

I am a landlord and just learned a new renter of mine has an aggressive dog. Will be responsible if the dog attacks someone on my property?

My sister wants to replace the heating system at her own expense in her Council owned bungalow but the Council will not allow her to, are they acting legally? — by mariam — last modified 2008-05-16 10:34

My sister is severely disabled with arthritis and lives in a Council owned bungalow. The property is heated by electric storage heaters which are very old and inefficient. My sister wanted them replaced with more efficient ones but the Council refused. She then got a quote from EDF Energy to supply and fit new storage heaters and she was going to pay for all the work. When she informed the Council of her plan to upgrade the system at her own expense, they wrote and told her she must not do any work on the heating at all. Do you consider the Council's action legal?

I am a landlord and my tenant has asked who his deposit is being held with. I had not heard of the new deposit scheme, can I pay his deposit into a scheme retrospectively? — by mariam — last modified 2008-05-30 11:23

I am a small time residential landlord, I do not use letting agents to find tenants but have always found them privately. I have a tenant who is due to end his tenancy in June 2008. He called me this week and asked me who his deposit was being held with. I said that I did not know what he was talking about and that I was holding it. He then explained the new deposit scheme to me which was the first I had heard about it. He told me I was breaking the law and that I would have to pay him three times the deposit. I have since looked into this and found this to be correct. Not having been aware of this law, can I retrospectively pay his deposit into a scheme before his tenancy finishes to avoid getting into trouble if he decides to report me?

I am a landlord and my tenant has not paid for two months. Can I evict them using their two months non-payment as notice? — by mariam — last modified 2008-06-05 21:36

I am the landlord of a property and the tenant has not paid for two months. Their agreement finishes at the end of this month and I am being told I cannot evict as I have to wait until the end of the month and then issue Section 21 notice giving them two more months notice! Is this correct? If they have gone past ten days without payment, why can't you just evict and use their two months non-payment as notice?

I have a joint tenancy and the other tenant has not paid his share of the rent for six months: can I have him removed from the tenancy? — by Conrad Murray — last modified 2008-06-09 08:20

I am currently renting a private property with a friend on a joint tenancy. My friend does not work and is currently claiming housing benefit. The problem is the other tenant isn't and has not paid rent for the last 6 months. As the rents is in joint names I have had to make up the difference. I told the letting company that I wasn't prepared to keep paying his part of the rent and I wanted him off the tenancy which they said they could not do. They have said that they will chase me for the rent money (my parents are the only guarantors).What is likely to happen?

I told my landlord and the letting agent I worked from home but now they say this is against my lease: if I move out where do I stand in breaking my rental agreement? — by Conrad Murray — last modified 2008-06-09 08:47

When I rented out my flat I advised both the landlord and the letting agency that I was a counsellor and worked from home, and would have people coming round the property. My letting agent has now called saying they have received a complaint from another resident about a possible business being run from the apartment which is proving to be disruptive and providing parking problems. They add that that this behaviour must cease as it is in violation of the terms of the lease. I have made the decision to find somewhere else to live as I have a small child, and wondered in the eyes of the Law where I stand in breaking the contract as signed for a year?

I have four tenants with a joint and several tenancy. They all owe me money, do I take action against each one or all of them? — by mariam — last modified 2008-06-10 11:54

I have a student property with four tenants who each owe me around £900. The tenancy is a joint and several tenancy and states that they are all jointly and severally liable for any arrears at the property. My question is - when I go to the Small Claims Court to recover the arrears, do I ask the Court to award me just what each person owes or do I ask the Court to award me the grand total amount due? I'm not clear how I can enforce person A to pay me the rent owed by persons B, C and D?

Am I able to claim housing benefit while I am in prison? — by Conrad Murray — last modified 2008-06-14 09:34

I am a pensioner living in London in sheltered accommodation and I receive housing benefit. I may have to go to prison. Will I still get housing benefit when I am in prison?

My landlord has increased my rent by £100 per month. Is there anything I can do? — by mariam — last modified 2008-06-24 18:04

Can you please tell me if there is a certain percentage that a landlord can increase the rent by? My rent has increased by £100 per month. I was paying £415 and now been told to pay £515. I think this is a bit of a large increase and just wanted to know if there was anything I could say or do?

I agreed to act as guarantor for my son and his girlfriend on their Tenancy Agreement, they are now splitting up, can I take my name off the guarantee? — by mariam — last modified 2008-06-27 12:51

My son and his girlfriend are splitting up three months into a Tenancy Agreement which I signed as guarantor. If my son moves out can I take my name off the guarantor agreement? I don't see why I should have to be a guarantor for someone who is nothing to do with me anymore.

My landlord has taken part of my deposit as I did not have the carpets professionally cleaned. My contract only states the carpets should be "cleaned" and I cleaned them myself. Is this acceptable? — by mariam — last modified 2008-08-06 18:05

I have recently just finished my tenancy of a one bed flat (rented through estate agents). They have taken money from my deposit for not professionally cleaning the carpets. Now in my contract it states the following: "keep blankets, carpets, curtains and soft furnishings (if any) clean and to have them cleaned at the end of the tenancy". I did not have the carpets cleaned professionally but did clean them with my own personal carpet cleaner. Is this acceptable as my contract does not state they should be professionally cleaned?

Should a landlord by law provide a fire extinguisher/blanket and should a smoke detector be mains powered rather than battery powered? — by mariam — last modified 2008-08-06 18:12

Should a landlord by law provide a fire extinguisher/blanket? Also the smoke detector in the property was battery operated. Does this have to be run via the mains or is battery power sufficient?

If a tenant does not give back their keys are they liable for rent for the months awaiting return of keys? — by mariam — last modified 2008-08-13 13:16

If a tenant does not give back their keys are they liable for rent for the months awaiting return of keys?

My tenant does not pay his rent and the Tenancy Agreement has expired. What is the best way to evict him? — by mariam — last modified 2008-08-19 12:46

My tenant does not pay his rent and the Tenancy Agreement has expired. What is the best way to evict him? I have tried issuing him with a Section 8 Notice but his Solicitor has said it was not filled in properly so I cannot rely on it in Court. I have now issued him with a Section 8 and a Section 21 Notice - have I done the right thing?

As a tenant with an assured shorthold tenancy, what is my legal position if the property is repossessed? — by mariam — last modified 2008-08-19 13:31

As a tenant, if I have signed an assured shorthold tenancy contract for a property, what is my legal position if the property is repossessed? Are the new owners obliged to honour the contract and let me stay in the property to the end of the tenancy?

Dogs are getting into the garden of my rented property through an insecure fence. Who is responsible for securing the garden? — by mariam — last modified 2008-08-20 10:55

I have just moved into a rented property and am having a problem with dogs invading my garden. The garden is tree/hedge lined down both sides, with some rickety wire wound into the hedges, but there are gaps, and the wire is very low anyway and can easily be jumped. This morning a pair of dogs came into our garden (I believe they're from a couple of doors down, but not sure). I started to chase them away with a broom; one promptly ran back through the fence, the other started to come towards me as though to attack. I threw a bucket of water over it and it then ran away. My toddler has, until now, been playing out in the garden on his own and I am terrified that he might come under attack if this happens again. Who legally needs to secure their garden - me, as the tenant, my landlord, or the household with the dogs?

My partner has rented his property but the tenant has not paid any rent, nor a deposit. How can we get them out of the property? — by mariam — last modified 2008-09-02 15:58

My partner decided to rent his property. The tenant claimed Housing Benefit which was fine except that they have now lived there since the beginning of June and have still not paid a penny, not even a deposit - which my partner agreed that they could pay along with the rent in smaller amounts until it was paid in full. They signed a contract for a year but they have continually evaded meetings with my partner to sort out the payment, instead we have received a number of rather rude text messages saying they will be paying money along with a number of excuses, yet still not one single penny has arrived. We are very sure that they are in receipt of Housing Benefit. We have given them Notice to leave but now seem to have entered into a debate as to when the four weeks notice should begin from. We just want them out, what should we do?

Is there a maximum amount my rent can be put up in one go? — by mariam — last modified 2008-09-02 17:47

Is there a maximum amount my rent can be put up in one go? I have a new landlady who wants to raise the rent after refurbishment work is complete, from £250 pcm to between £400 and £450 pcm.

I am renting and initially had a six month contract. When this ran out I asked for a new contract but never received one. I now want to move out, how much notice do I need to give? — by mariam — last modified 2008-09-05 11:25

I am in a privately rented flat and I paid £550 as a deposit when I first moved in. I had a six month contract and when this ran out I asked for a new contract but I never received one. I have now been living at the property for a year and want to move out. I just want to know how much notice I need to give and how soon I should get my deposit back?

Once a Section 146 Notice has been served does the landlord then need a Court Order to action eviction or can he just come in and change the locks? — by mariam — last modified 2008-09-05 16:57

If you are served with a Section 146 Notice on your lease does the landlord need a Court Order to action eviction or can he just come in and change the locks - thus seizing the property and contents? We are in the midst of a battle with the landlord to renew our lease. He wants to clear the site for re-development. We have been good tenants and now he's pulling all the stops out to get rid of us because we've been standing our ground.

I have faulty wiring in my rented property. Am I within my rights to withhold rent from my landlord until the problem is resolved? — by mariam — last modified 2008-09-06 18:05

I am a private tenant and I seem to have loose wiring. The fuse box that contains the wires supplying my living room sockets with power releases green sparks when it is switched on. My landlord is aware of the situation and has contacted an electrician to fix the problem but I have been waiting over a month. I have a six year old living in the house. Am I within my rights to withhold rent from my landlord until the problem is resolved?

My landlord has not paid my deposit into a Deposit Protection Scheme. What should I do? — by mariam — last modified 2008-09-09 11:51

I started an Assured Shorthold Tenancy Agreement in May 2008, brokered though a high-street letting agency. I paid one month's rent - £530 - as a deposit. On moving into the property, I was contacted by the landlord by telephone and informed that the agency was acting on a 'Let Only' basis and that I would be dealing with him directly for the duration of the tenancy. Some weeks into the tenancy - 1 month approximately - I informed the landlord during a telephone call that he was in breach of the law by not arranging a Deposit Protection Scheme. The landlord admitted that he had not made any provision and moved onto another subject. What advice would you offer on this situation please?

When I moved into my rented property the bath was not plumbed in and the shower did not work. Is this legal? — by mariam — last modified 2008-09-09 17:09

When I moved into my rented property the bath was not plumbed in and the shower did not work. Please can you tell me if it is illegal to have both forms of running water for personal hygiene not working? Is there an Act with regards to this that can support me in highlighting this to the landlord?

Is there a minimum amount of notice the landlord should give before increasing the rent? — by mariam — last modified 2008-09-10 10:37

My landlord decided to increase the rent and he only told me one week before the Agreement ends. Is there a minimum amount of notice the landlord should give before increasing the rent?

The letting agency for my son's tenancy have retained his deposit and produced a bill for ridiculous items such as a charge for washing external walls. Can you give me some advice on the best way to proceed? — by Maria Mason — last modified 2008-09-12 11:18

The letting agency for my son's tenancy last year have retained his deposit money and produced a bill for various items including missing objects, cleaning and repair. The list is ridiculous, for example including two charges of £234 each in respect of small alleged holes in bathroom plaster - one of which is where the door handle knocks and was there on moving in. Also included is a charge of £250 for washing external walls and windows front and back! I intend to dispute this and would be grateful for any advice on the best way to proceed and any relevant legislation to quote. I have thought of filing a small claim through the Court or approaching Trading Standards. Any advice would be welcome.

I'm a tenant in a shared flat and we have discovered we have bed bugs. The landlord says we are responsible for fixing this problem. Is this true? — by Maria Mason — last modified 2008-09-16 17:48

I'm a tenant in a shared flat with some friends. Recently we discovered bed bugs in two of our bedrooms but the landlord told us that the problem is ours because some of us brought the bugs in and we are responsible for fixing the problem - change the mattresses, call (and pay!) pest control etc. Is this true that we have to pay for everything?

I let a property via a letting agency but now wish to manage the let myself. I notified the letting agents but we disagree over the wording of a clause in the contract. What is my legal position? — by Maria Mason — last modified 2008-09-18 16:57

I let a property via a letting agency. The latest tenancy agreement has now lapsed (it was for a 5 year period). I now wish to manage the let myself and have notified the letting agents. However, they quote a clause in their Terms of Business which states: (1) The Management contract is for a minimum of not less than 12 months / or for as long as the current tenant occupies the property. The Landlord must give the Agency three months written notice if vacant possession for the sole purpose of re-occupying the property is required prior to the end of the present tenancy period. Also in an email they state: “If you would like us to give the tenant notice to vacate the property so that you can manage the property yourself we will be happy to re-house him in one of our other properties.” I have not seen a signed copy of these Terms of Business (I have requested them), but it would have all been a long time ago, probably 10 years. My view is that the wording OR is crucial in their clause. I have been in contract with them for 12 months so in my opinion this clause is satisfied. There is no comment such as "whichever is the greater" at the end of that particular sentence. Also I believe that both I and the tenant are free to enter into a contract without the letting agent. The tenant is happy to enter into an agreement directly with me but the letting agents are saying that they may consider going to Court to protect their loss of commission / service charges. The tenant wants a 5 year agreement. What is my legal position here in your opinion please?

I moved out of a rented property six weeks ago and the landlord deducted more than £200 from my deposit. I have heard nothing from him, what should I do now? — by Maria Mason — last modified 2008-09-18 17:41

I moved out of a rented property six weeks ago and the landlord deducted money from my deposit. We had agreed and I said that I wanted to see any receipts e.g. for hob cleaning, rubbish, painting, gardener etc. I'm still waiting and have not seen any letters or receipts from him. What I should to do now? He deducted more than £200 from my deposit.

Our tenant's boyfriend has moved into the property. How do we go about adding him to the Tenancy Agreement? — by Maria Mason — last modified 2008-09-22 12:09

We have a property let to a female who is the only person on the tenancy Agreement. Her boyfriend has moved in - no real problem with that - but how do we go about adding him to the Tenancy Agreement? Do we have to issue a new Tenancy Agreement and, if so, does the deposit now have to go into the government deposit scheme? Or can we simply amend the existing pre 2007 Agreement?

My brother and I rent an office but are behind on the rent. The landlord has padlocked the front door without informing us. Am I breaking the law if I remove the padlocks to recover my property and then replace them? — by Maria Mason — last modified 2008-09-23 17:24

My brother and I are renting an office but we are behind with the rent due to a foreign cheque waiting to be cleared. The landlord has put two padlocks on a grille over the front door without informing us and I have some personal property contained within the premises that I desperately require. The landlord is withholding this property for the back rent, without any form of Court Order. Am I breaking any laws if I remove the padlocks to recover my property and then replace them? What should the Landlord have done?

My landlord is claiming damage to carpets which I believe is normal wear and tear. How can I appeal this and what will happen to my deposit? — by Maria Mason — last modified 2008-09-25 14:08

My previous landlord is claiming that damage was sustained to the carpets during my two year tenancy agreement. I believe this is two years reasonable wear and tear. How can I appeal their decision and what happens to my deposit held with TDS?

I own a property which I rent out. I have put the property on the market but if it is sold whilst there is a tenant in occupation, how will this affect the AST? — by Maria Mason — last modified 2008-09-26 10:02

I own a property which I rent out and I am about to start a new tenancy agreement but I have also put my house on the market for sale. Should the house be sold whilst there is a tenant living in it, how will this affect the AST? I intend to have a six month contract with the tenant with ongoing renewal thereafter but should there be a new landlord before then, will they need to give the usual two months notice to regain possession of the property or can they give less?

Can an estate agent refund a lettings fee in the form of a credit note instead of cash? — by Maria Mason — last modified 2008-09-27 21:01

We rented out our property through an estate agent, the tenancy contract has been renewed for 2008 and the agent charged us the full years letting fee plus renewal fee in advance. Now our tenants have given notice and are moving out two months earlier than the contract. We asked our agent to refund the two months lettings fee he has charged us as the tenants are moving out. He refuses and will only give us the two months as a credit note for us to use his service again in the future. His agency is not registered ARLA of Association of Estate Agents, what can I do to resolve this? I want to get my money back, as we do not plan to use his service again.

Before we moved into our flat we made it clear to the landlord that it had to be quiet. The landlord assured us that noise would be no problem. Having moved in we are surrounded by families with young noisy children. Where do we stand? — by Maria Mason — last modified 2008-09-30 16:39

My partner and I have been renting a flat since August this year. Before we moved in, we made it clear that our only real stipulation was that the flat was quiet as we both have new senior roles in London and we need to be able to work from home and relax properly. The lettings agency and the landlord himself assured us on four separate occasions that these flats were full of professionals like us and that they are very quiet. Since we moved in we have discovered that there is a young family above us and another below us and another directly across the hall from us. The lease Ts & Cs state that all flats must have underlay and carpeted floors to reduce the noise levels but the flat above us has wooden floors throughout the flat. Every night we are awoken by babies crying and our evenings are disrupted by the child next door shouting and screaming in the halls. We have a recent mail from our landlord that says he knew about this problem before we moved in and that he complained himself when he was living there, so his assurances of quiet on our viewings were false and misleading. We have complained to the agents and to our landlord over ten times but there has been no improvement. This is affecting our work and our quality of life. We have now told our landlord that we wish to leave as the flat is clearly not fit for purpose as we can't sleep there! Where do we stand?

What are the legal implications of carrying out work (altering internal layout) on a leasehold flat without a Landlord's Licence? — by Maria Mason — last modified 2008-10-03 12:43

What are the legal implications of carrying out work (altering internal layout) on a leasehold flat without a Landlord's Licence? I am the freeholder of two flats and also own the lease on one of the flats. The bottom flat was recently sold and the owners are carrying out refurbishments which include altering the internal layout - moving walls, blocking up doors etc. They have not acquired a Landlord's Licence from me and I am concerned about the quality of the works being completed. What is my legal position here?

We have received an 'Offer Notice' from our landlord as he is selling the freehold of the building. What exactly are we being offered? — by Maria Mason — last modified 2008-10-05 17:31

We have received a 'Offer Notice' from our landlord, as part of the Landlord and Tenant Act 1987. The landlord is selling the freehold of the building of which there are five apartments. We have been offered first refusal of our apartment, but what exactly are we buying? Is it the lease of the apartment? Also, the offer will only stand if 50% of the tenants agree to buy their apartment and in effect we will be our own landlords, but will we be able to sell the apartment later on without any complication? Will the apartment be ours to sell?

I am a private tenant and I have found out that the property is to be re-possessed. What rights do I have if this happens? — by Maria Mason — last modified 2008-10-07 12:08

I'm currently a private tenant on an unfurnished basis and I have found out that the property is to be re-possessed. What rights do I have if this happens? The owner has not paid mortgage for ten months and legal proceedings are to be taken.

I own a leasehold flat and am not satisfied with the building insurance fee. Do I have to abide by this, or can I shop around for a more competitive quote? — by Maria Mason — last modified 2008-10-08 11:00

I own a leasehold property in a block of two flats. I am not satisfied with the building insurance fee, which I feel is above average. Do I have to abide by the building insurance which the property management has chosen, or can I shop around for a more competitive quote?

I have signed a lease agreement but do not want to go ahead with it. The landlord has not yet seen references which the contract is subject to. I am willing to forfeit the deposit but will I be liable for anything else? — by Maria Mason — last modified 2008-10-13 10:47

I have signed a lease agreement which is due to begin tomorrow. I have not yet moved into the property and now do not want to go ahead with the tenancy. I am willing to forfeit the deposit but am wondering what the ramifications are for me having signed the lease already? The landlord has not yet seen references and has said the contract is subject to references.

What is the legal definition of a "family" in relation to a restriction in a Lease? I rent my flat to four sharers operating as a single household under one AST but have been told I cannot do this. — by Maria Mason — last modified 2008-10-14 11:57

I own a shared freehold flat and have let it to a group of four sharers who are operating as a single household on one AST. I have received a letter threatening legal action by the Chairman of the Residents Association if I do not evict my tenants because lease states "Not to use the demised premises nor permit the same to be used for any purpose whatsoever other than as a private dwelling-house in the occupation of one family only and not at any time to permit the demised premises to become overcrowded within the meaning of the Housing Act 1957...". I understood this clause to concern overcrowding and not refer to a family in the parent/children sense. If they are right, is such a clause legal in view of modern Human Rights? The dictionary defines the word family, amongst other definitions, as "a group of people operating as a single household and/or a group of people with something in common such as origin, language etc". My tenants are actually Chinese and I am concerned that this could be a racist issue.

The shower in my rented flat does not work and the landlord is doing nothing about this. Is this a breach of contract and can I leave without paying any more rent? — by Maria Mason — last modified 2008-10-15 12:47

I rented a flat in September and signed a six month agreement. However, when I moved in the shower didn't work and I have no other washing facilities apart from a sink. I have been onto my agent and the landlord many times but still nothing has been done. Surely the landlord has breached his contract? I want to leave now but I'm being told I can't leave because I will still have to pay the six months rent by law under the contract. I thought the contract is now void. Is there any legal way I can get out of this property or am I stuck here?

How should we proceed with giving our tenants notice? — by Maria Mason — last modified 2008-10-15 14:05

How should we proceed with giving our tenants notice? Our tenants are in rent arrears, part of last month and half of this month's rent. We have also found out that they are keeping a dog against the terms of the tenancy agreement. Unfortunately we have already sent them a tenancy renewal although they have not yet returned the signed agreement.

Our landlord made us leave our flat five days before our contract had ended. Now he will not give us our deposit back. What are our rights? — by Maria Mason — last modified 2008-10-20 13:28

Our tenancy started in July this year but the landlord never gave us details on where the deposit was being held. Our landlord then made us leave our flat five days before our contract had ended. We have moved out but have not received our deposit back and as we had to leave five days early we ended up leaving quite a bit of stuff behind. What are our rights? He owes us £900.

I have been a tenant in a business capacity for 32 years but was given notice to quit. Is there a statutory right for me to be paid financial compensation to vacate the premises? — by Maria Mason — last modified 2008-11-03 12:10

I have been a tenant in a business capacity for 32 years but was given notice to quit by 24 October 2008, which I complied with. Is there a statutory right for me to be paid financial compensation to vacate the premises? If so, could you please tell me what my rights are and what compensation I could expect to receive?

Please could you outline the County Court possession procedure to obtain possession in rent default? — by Maria Mason — last modified 2008-11-04 19:43

Please could you outline the County Court possession procedure to obtain possession in rent default? The tenancy is a twelve month assured shorthold. Landlord and two joint tenants in two bedroom dwellinghouse. No pre-existing disputes or problems with the property. Second month of lease. This is the first month in default. I need the tools to act quickly.

Please can you advise how much notice is to be given to a tenant renting a property? I have heard that it is one month plus 42 days as I have young children, is this correct? — by Maria Mason — last modified 2008-11-05 10:59

Please can you advise how much notice is to be given to a tenant renting a property? I have heard that it is one month plus 42 days as I have young children, is this correct? I have been living in the property for six months and my terms are now up for renewal. I have been told that they will not be renewing my tenancy.

Does my landlord have to provide me with a live BT landline in the property? — by Maria Mason — last modified 2008-11-13 10:39

Does my landlord have to provide me with a live BT landline in the property, otherwise I can't get my comunications activated (internet, phone, TV)? I moved into the property three days ago and I realised that I can't transfer my landline and sky TV/Internet provider because apparently the line isn't active. The landlord and letting agency are forcing me to make a one off payment of £129.00 but I think that it is the landlord's house so he should pay it.

My heating and hot water boiler has broken down and the landlord is taking a long time geting it repaired. What can I do? — by Maria Mason — last modified 2008-11-13 12:15

My heating and hot water boiler has broken down and the landlord is taking a long time geting it repaired. What can I do?

I have a tenant who hasn't paid for three months. We have threatened eviction, what are we now legally entitled to do? — by Maria Mason — last modified 2008-11-14 17:21

I have a tenant who hasn't paid for three months. We have given two written warnings and threatened eviction, what are we now legally entitled to do and what is the correct procedure to follow?