Harringay, Haringey - So Good they Spelt it Twice!
Vicious landlord
Hi all, I am opening this discussion to get informations about my legal rights.
We are a family with 3y old girl, renting a split level flat from the landlord for 17 years, never late with payment, never had a party or noisy visitors, house was always well maintained and clean.
8 months ago, as our landlord was a bit short with money, we decided to rip off the 20y old carpets and put nice laminate floors. As I am an interior designer by trade, I renovated the old wooden stairs, choose a nice, neutral in colors, and expensive paints, and as I like everything to be done perfect, I painted the walls myself. I designed gorgeous curtains and sew them on my own sawing machine, well, basically I gave this flat a very posh touch. Living in it, I everyday spend couple of hours to design and do something, like an artist painting a perfect picture, for 8 months.
Normally I would charge for so intense work nearly 20'000, but this time I thought, that (after 17 years living here) I am doing it for myself, assuming, that my family will live here another 20 years or so., and didn't charge the landlord a penny for either materials, expenses or my creative work
Two days ago we have got an information from the landlord, that she decided to sell the house and we have to move.
I don't like to make any troubles to anyone, and I don't want end up in court claiming my rights, but I am feeling cheated on and very disappointed.
Does anyone here knows what are my legal rights?
Thanks, Eliza
Replies to This Discussion
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Permalink Reply by Michael on
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Hi Eliza
Your rights depend on your tenancy agreement. Take this to the Citizens Advice and ask them. Unfortunately you will be very lucky if you are entitled to more than the months notice. However the landlord will need to get a court order to remove you which may delay the process a little.
Michael
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Permalink Reply by Harringay 4eva on
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Hello Eliza,
I'm not a legal expert but I have also been in the position of living in rented accommodation & paying for decorating myself as the landlord felt no obligation to maintain the decor themselves. I'm not quite sure if you're asking for advice on whether you want your landlord to pay you for your work & materials in decorating the flat or if you're seeking advice on whether you can stay in the flat? Sadly, I think the answer is probably 'no' on both points. Certainly unless you had previous agreement from your landlord agreeing to cover your costs then it seems unlikely you'll get anything back. I've had the same disappointment when having spent much time & money tending to gardens, only to be given notice on the tenancy. Unfortunately it seems as though you've had 17 good, secure years there & it's heartbreaking & unsettling when you're asked to move on as someone wants to cash-in their investment. It's your landlord's flat but is your home, you have my sympathy.
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Permalink Reply by Peter on
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Hello Eliza,
I have a lot of experience in this sector and can advise.
The term you have been renting the property does not effect the situation whatsoever.
If you are not happy with the condition or age of the property then you can simply leave - its your choice. A good landlord should deal with reasonable requests such as fixing broken lighting, door handles, ect depending on the agreement.
However
It is not the landlords duty to modernise the house - if you don't like it you have the option of leaving. Was the property in livable and safe condition at the time of the refurb? if yes then unfortunately there is nothing you can do other than talk to the new owners who may want to rent it out again. If the property was dangerous at the time of the refurb your legal rights are increased but in effect you still cannot do anything.
Knowing the property was rented you should not have carried out the works. i can only sympathise for you and advise you to remove as many of the fixtures and fittings you applied as possible - whether it be curtains, light fixings etc and you can replace with standard ones
One final thought. Did you seek permission from the landlord to carry out the works? if not then in fact he could take you to court and charge for damages even though you improved the house as it was done without his permission. If he did give you permision did he agree to pay at a latter stage? or was it at your own risk?
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If your fixed term contract has ended you will be on a SPT,Statutory periodic tenancy in which case you would have to give your landlord 2 months notice from payday,your Landlord would have to give you 2 months notice from payday.
This is assuming your tenancy agreement is an assured Shorthold tenancy agreement.If you are still on fixed term Landlord would have to issue a Section 21 .
You should have asked permission for any works on someone else's property so Landlord could retaliate in your case.
Your rent does sound incredibly low.
Wishing you luck in your new life.,you may need a good reference from your current LL
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Correction,if on SPT you would need to give ONE months notice,your Land Lord needs to give you TWO.
If in fixed term LL needs to give you Sec21 (1)b,if in SPT a sec21 (4)a
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When the Sec 21 ends LL would need to give you a N5b which would give her possession order from court then you would have to move out,if you do not then bailiffs get you out
If I were you I would move out now with good reference(if you allow purchase viewings) then take as much lovely stuff with you(hand made curtains etc) and make a good life for yourself somewhere.
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Hi I have a good knowledge of these situations and help people on a voluntary basis I would need to see your lease first
Do get in touch if you would like me to check it out for you.
Sometimes you can also negotiate with the Landlord !
07580585006
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I'm afraid this case demonstrates only too well that the law is firmly on the side of the landlord, and with the rental sector expanding by the day it places more and more people in a very insecure position. I am the landlord of a single property(we live in my wife's house) and I can simply give my tenants two months notice. Even if I wanted to it seems that tenants can't even get a lease longer than one year! I recently joined the Greens and agree with their interim housing policy which is to make a 5 year lease available. (bit of politics there layzngenilmen)
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But if you are on a Statutory periodic tenancy (after 6 months as a tenant automatic) the Landlord has to give 2.months,the tenant only one month notice. It is rare for LL to get tenant out in 2 months.It takes a court order and bailiffs and stress on both sides.
I am both tenant and Landlord
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If you're a landlord shocked by the use of insecure tenancies and subscribe to the policies of the Green Party, I suggest you use an assured tenancy or an assured shorthold tenancy of a longer term, such as 5 years. Both have been available for years.
Even our current Prime Minister and London Mayor (https://www.london.gov.uk/media/mayor-press-releases/2013/07/mayor-...) has suggested that landlords use them.
So many people now rent privately that tenants are key voters in some areas and are calling for longer tenancies to be mandatory because landlords aren't voluntarily using them. It's a good idea to inform yourself about the law if you're in the business of letting property - it is a business and contains all the pitfalls of any small business if you're unaware of legal issues.
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Did you agree on a price for the work beforehand? If not I don't think you stand a chance - you can take the curtains and laminate with you...
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Hello Eliza
I'm so sad to read about your predicament, especially when you're unwell and have such a young child. I strongly suggest that you're very careful about believing some of the advice you have received from others on this site, some of whom appear to be amateur landlords as well as amateur advisers. It appears that the legal situation about ownership of your home, and who exactly is your landlord, is complicated. So you should seek legal advice as soon as possible. Shelter provide free housing advice on any housing matters, including mortgages and rentals. They have an excellent, expert website: http://england.shelter.org.uk/get_advice/private_renting and a free national helpline (0808 800 4444) as well as face-to-face housing advisers in London, who may be able to take on your case if you are entitled to Legal Aid. Citizens Advice provide a similar service (http://www.adviceguide.org.uk/england/housing_e.htm), but Shelter are housing experts and actually give back-up advice to Citizens Advice, so try them first. There are also lots of superb private housing solicitors in London. It's important to find your tenancy agreement, receipt for your tenancy deposit (if you paid one) and any other paperwork relating to your tenancy. Your landlady sounds reasonable, so you may be able find a solution that allows you to stay in your home. Don't give up - some people are very kind.
The Government is currently tightening the law to make it more difficult to evict tenants, although this may not help in your case. It's also possible that a future London Mayor/national Government will introduce tighter controls on rents, tenancies and tax to address the appalling profiteering of landlords, not to mention their attitudes to tenants. Sadly, some people are not content to own a secure home of their own, but buy more properties to make money, pushing up prices for those of us who simply needs a secure home without the worry of repossession. I long for the day that greed is again considered a deadly sin, rather than something to be proud of.
Very best of luck, Peggy xxx
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