where do i stand with my landlady? (Student House) *UPDATED WITH HER RESPONSE* - HotUKDeals
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where do i stand with my landlady? (Student House) *UPDATED WITH HER RESPONSE*

golemsmate Avatar
6y, 4m agoPosted 6 years, 4 months ago
My landlady called me up a few weeks ago and told me that shes letting the current occupiers stay on in the house because they failed exams. Our contracted is signed and the house was ours on the 1st Aug 2010. The current occupiers are still living in the house and arent expected to leave until the 2/4 September 2010. We havent lost out on much but other friends living with me are annoyed that we are technically paying for someone else to live in our house. I am unsure whether they are paying her too.

Any advice? Can i demand to pay less for loss of the house and if i did could she refuse to give us the house for the year?

Link to voicemail: http://www.zshare.net/audio/796172954cb5a475/
Other Links From Here:
golemsmate Avatar
6y, 4m agoPosted 6 years, 4 months ago
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#1
Phone her direct and speak to hear and enquire as to whether you are paying for August or not. If she says you need to, explain that you think it's not fair given that you're not actually living there. I wouldn't go in all guns blazing and start demanding things at first because if she wants, she could make things very awkward for you. Best keep the lardlord/lady onside as long as possible.
#2
No way in hell would i be paying rent for august if i wasnt able to live there, they sould be paying it
#3
yeh i wanna keep her happy, but others are refusing to pay for august. It's a really awkward moment and i really hate having all this responsibility. I found, sorted appointments to view and signing of the contract and now i have to do this :(
#4
Call her in person and say you wont be paying rent of August as you are not living there. Also point out that she is breaching the terms in the contract as you cannot move in on the date you signed for.
#5
dcx_badass
I would hold back a months rent, got to be a complete idiot to pay for this months rent when she won't let you live there.

Just move in in September and refuse to pay a months rent and say we already gave you it.



we are doing it in 3 installments so i could reduce the amount by a month and let her collect it maybe with a note saying (or without)

I cant see her taking this well if i called her and told her
#6
Call her and explain your thoughts and that you are in a difficult position with your house-mates saying that they aren't going to pay for a house which is occupied, etc etc, with having to be the 'go-between'. You could mention that you had sort of assumed that the house would be being cleaned and made ready whilst it was empty.
Talk and come to an agreement.
Then talk to your mates and tell them that you have done enough and it's a shared responsibility.

Was it you asking about paying the bills a bit back? I hope you organised for equal shares of all and paid individually.
#7
chesso
Call her and explain your thoughts and that you are in a difficult position with your house-mates saying that they aren't going to pay for a house which is occupied, etc etc, with having to be the 'go-between'. You could mention that you had sort of assumed that the house would be being cleaned and made ready whilst it was empty.
Talk and come to an agreement.
Then talk to your mates and tell them that you have done enough and it's a shared responsibility.

Was it you asking about paying the bills a bit back? I hope you organised for equal shares of all and paid individually.


yeh it was me and thats still a major problem nobody wants to do the glide thing but im not putting all things in my name, which they expect. :(
#8
Well good luck with all that then; I'll hope that your prospective house-mates grow up.


Edited By: chesso on Aug 05, 2010 18:56: house not hose
banned#9
i read laundry...
banned#10
golemsmate

we are doing it in 3 installments so i could reduce the amount by a month and let her collect it maybe with a note saying (or without)

I cant see her taking this well if i called her and told her


what but she expects you to be ok with paying for august and not living there? tell her dude. or just take the months worth out of the first instalment and tell her why
#11
Students must have more money than sense wanting to pay for something that you have no access to......

Either tell her your moving in now or say you are only paying from the moment you have the house its a no brainer
#12
Also just to add make sure you have pictures on arrival and departure as to the state of the property because if you withold 1 months rent i can imagine her using your bond to claim it back
banned#13
bykergrove
i read laundry...


you need help,bad..................
#14
Marty1981
Also just to add make sure you have pictures on arrival and departure as to the state of the property because if you withold 1 months rent i can imagine her using your bond to claim it back


yeh good idea and i definately will not pay for that month now :) thanks for the reassurance, she cant kick us out if we dont pay can she?
#15
So your gonna let some lady who owns the place just take money off you like that? WTF YOU'RE NOT LIVING THERE FOR THE ENTIRE MONTH.
Who cares, YOUR MONEY is much more important than her. lol
#16
golemsmate
I cant see her taking this well if i called her and told her

This is a joke, right? I hope so..
#17
deek72
golemsmate
I cant see her taking this well if i called her and told her


This is a joke, right? I hope so..


Wouldnt be a funny joke either way, I dont want her to hate us and potentially stop me being able to go to uni 2nd year. I'll talk to her tho :)
#18
I contacted my landlady using a text message to let her know I'm looking into not paying for the month we're not in the house and she replied with a angry voicemail (to be uploaded in the first page soon).

The message i sent her was along the lines of, "hi Mrs, --- Me and my friends don't think its fair to pay for the month in which we are not aloud to move in for, would it be possible to reduce the payment during the period?"

Nothing offensive in the message.

Its not possible for our landlady to refuse us tenancy is it?
#19
golemsmate
I contacted my landlady using a text message to let her know I'm looking into not paying for the month we're not in the house and she replied with a angry voicemail (to be uploaded in the first page soon).

The message i sent her was along the lines of, "hi Mrs, --- Me and my friends don't think its fair to pay for the month in which we are not aloud to move in for, would it be possible to reduce the payment during the period?"

Nothing offensive in the message.

Its not possible for our landlady to refuse us tenancy is it?


Not sure but you cant be expected to pay for that month, the people that were should, i dont know much about the law but i reckon shes not alowed to charge u for that month, i would seek legal advise tbh
#20
kk, I'm gonna upload the audio. We asked for a double bed in a room but I'm paying for that anyway and shes calling that a favour? Plus shes acting as if we said yes to her giving the room away! she asked me and i said I dont need it but you should ask the others, she told me it was too late anyway because she said yes to them! oh she's infuriating. It should be fun when we try to get the keys...

is it that unreasonable to ask not to pay for the time she gives the house to other tenants when we should be there?
banned#21
are you joking ?
#22
voicemail is taking a while to upload tis a funny one ;)
#23
You can't post the audio im pretty sure?
#24
Met-Cast
You can't post the audio im pretty sure?


what'd u mean?
#25
Who cares?

It'll be funny :p
#26
Is it cruel or wrong to post the voicemail she left me?
#28
I had a similar problem last year. My landlords were having the whole property re wired and it made it unlivable.
Therefore as we couldn't live there they were legally oblidged to reimburse the rent that we paid for that period, so we ended up getting about £300 each for rent. They tried to wriggle their way out of it, but me and my friend were both finishing our law degree and new they couldn't.
As your not living there you dont have to pay, so dont. Its not unreasonable at all, you signed a contract for your tenancy to commence in August, which you can't live there for, so she must not charge you and your other housemates. It will save you hundreds with the current cost of student accomodation, so it will cost you rather alot.
Just refuse to pay it she does not have any legal come back on it. Whatever you do dont pay.

Another thing to add is make sure you keep any documentaion, i.e. texts, that phone message, letters etc to prove you couldn't live there. She can't kick you out as they have signed a contract with you for the duration of 1st August 2010 - 31st July 2011. You could probably even terminate yourself for her breaching it as you can't move in, but you certainly dont have to pay for the time you can't live there.


Edited By: robappleby89 on Aug 23, 2010 01:15: added info
#29
robappleby89
I had a similar problem last year. My landlords were having the whole property re wired and it made it unlivable.
Therefore as we couldn't live there they were legally oblidged to reimburse the rent that we paid for that period, so we ended up getting about £300 each for rent.
As your not living there you dont have to pay, so dont. Its not unreasonable at all, you signed a contract for your tenancy to commence in August, which you can't live there for, so she must not charge you and your other housemates. It will save you hundreds with the current cost of student accomodation.
Just refuse to pay it she does not have any come back on it.


I wonder what would happen if we just reduced the rent by one month in the first installment? does she have any legal fallbacks, guess i should read the contract in detail lol
#30
golemsmate
robappleby89
I had a similar problem last year. My landlords were having the whole property re wired and it made it unlivable. Therefore as we couldn't live there they were legally oblidged to reimburse the rent that we paid for that period, so we ended up getting about £300 each for rent.As your not living there you dont have to pay, so dont. Its not unreasonable at all, you signed a contract for your tenancy to commence in August, which you can't live there for, so she must not charge you and your other housemates. It will save you hundreds with the current cost of student accomodation.Just refuse to pay it she does not have any come back on it.
I wonder what would happen if we just reduced the rent by one month in the first installment? does she have any legal fallbacks, guess i should read the contract in detail lol

Sorry my comment may have changed a bit, trying to get it to make more sense lol.
Yeah take a read of it, i'm not entirely sure. With mine i just reduced my rent by a month and then that was the end of it and we both saved over 300 pounds (which i used to buy a new PS3 and considered it 'free' as i wasn't intending on living there anyway). I also took photos of the house in the state it was in just in case.
Tell them they you are not legally bound to pay when your not there as your contract stipulates you can stay there in August. Then just tell them that you will reduce your rent payments by 1 month.
If they dont like it just tell them your going to your solicitor.
1 Like #31
She sounds like a nutter!!!
#32
If you can't move in until September then don't pay for August, simples.
Go to the CAB for proper advice if the landlady refuses as I'm sure they'll give you some sound advice, but for now keep records of all contact with the landlady and deal with this asap as we're over half way through August already.
#33
link to voice mail dont work....
banned#34
link not working
#35
Perhaps you could get your mum to phone her (unless you are a mature student). I am not suggesting you cant handle it or should have to but if your mum was very polite to her and said she thought you must have misunderstood the agreement and surely you will start paying in September and not August it may just put this women in an awkward spot. She may try anything with students but someone older maybe not.
Please dont be offended by me suggesting your mum helps it might be a little trickier for this women to mess you about that way. I know from a tv program once some landlords are horrible.
Good luck at Uni.
banned#36
Stop doing all this by phone do it by email or letter so you have proof of what is being discussed!! Also request a new contract/lease with the new move in dates or written confirmation the move in date is now changed.

If you wanted not only should you not pay Augusts rent but if the only way you can find suitable accommadation for August is to incur extra costs above what you'd be paying her in rent she is liable for the extra costs.
#37
I think landlords/landladies often play on the fact that they think students don't know what they are doing and can be easy to take advantage of, and are sometimes a bit of a captive audience when it comes to accommodation so can act however they like.

I would suggest that you contact your uni student support people if you have one. At the union where I was you could get advice for this sort of thing free of charge, and they could basically tell you what your rights were. If they can't they may be able to direct you elsewhere for help. This might give you some good ammunition if the situation gets difficult with the landlady.

I think it's outrageous that she expects you to pay for a month when someone else is living there; it's completely unreasonable. You definitely need to get some advice from one sort or another. But as far as I can see she is breaking the terms of the contract you've signed if she's saying you can't move in. Have you been through the contract to see what it says?
#38
...is there any way you could contact of the current occupiers to ask if they are paying her too? If you just explained your situation they might be happy to help.
banned#39
I'm confused?

Surely its pretty clear you start paying rent from the 1st, and you are able to move in on the 1st.

Anything else is a clear breach of contract.

Go to town on her ass, this isn't good enough, and is pretty amateurish.
#40
Paddy Charlie
Stop doing all this by phone do it by email or letter so you have proof of what is being discussed!! Also request a new contract/lease with the new move in dates or written confirmation the move in date is now changed.

If you wanted not only should you not pay Augusts rent but if the only way you can find suitable accommadation for August is to incur extra costs above what you'd be paying her in rent she is liable for the extra costs.


Yes definitely good idea, she will be less likely to do anything wrong if its in writing.
I do wonder why she is letting the students stay on just because they failed....might they stay on longer and resit, sorry not sure how uni works. I would be a bit worried that she is hoping you will pull out of the contract because she is wanting them to stay longer. Just a thought unfortunately no uni experience so not sure how it works.

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