Jul 22, 2009

Common landlord problems

Landlord puts rent up half way through your lease
If you're on a fixed term lease (such as 12 months), they legally can't do this. This will be covered in your contract, along with info on your notice period. Read your contract.

Landlord keeps your deposit
Don't withhold your final month's rent - this is breaking the terms of your contract, and you risk prosecution. Consult your housing officer instead. Always pay a deposit using a cheque, banker's draft or credit card so you have proof. Ask your landlord for a receipt and written confirmation of what is covered.

If you sign up to be an assured shorthold tenant from April 6, 2007, make sure your landlord knows about the tenancy deposit protection scheme. This has been put in place to avoid landlords keeping all your dosh for no good reason, and will help you get your deposit back without having to go to court.

Landlord turns up uninvited
Don't let him in because reasonable notice is required for inspection. Also under the law, landlords can't prevent your friends from visiting.

Landlord kicks us out
You can only be kicked out if:


the owner wants to come back and live in the property;
the house is being repossessed;
you're over two months in arrears with your rent;
you refuse vital maintenance work.
A landlord can also ask the court to consider eviction if:


you've broken the terms of your contract;
you're consistently late in paying the rent;
you lied to get the place.
However, for most private tenants, the landlord can give two months' notice and get a court order without needing to give a reason. Provided the landlord has followed certain housing rules (e.g. the two months' notice must not end before the end of the first six months of a tenancy), the court will grant an order. If you live with your landlord, in most cases, they can just give you notice and don't need a court order.
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