Multiple issue with the property

Tenant Discussion
1

I have a few issues.

My landlord has he’s property listed as allows pets, private garden and own parking.

When ived moved in he’s asked for an extra £30 a month for my dog and to pay £80odd for he’s insurance. I’ve been led to believe this is all illegal. Ontop of all of that my garden is not private and downstairs use it to access their garden as they don’t use their main door there’s no fencing so I was told I can put one in place so I can have safety for myself, two children and dog. Now I’m being told I can’t as downstairs don’t want to use their front door. They’re is 9 of them living in a two bed flat. With the constant parties and coming and going’s I’m sure having 9 keys isn’t something they can do. This is all issues the previous tennants had but I was only told after I signed the contract and was made to believe it was an older couple downstairs. And with the parking there is a drive at the front with space for multiple cars. And in the listing it states I have my own to be told I do not. Is there anything I can do. I don’t want to continue paying £1680 a month when half of what I’ve been told in which is why I moved here is a lie

2

Did you go through OpenRent for this property ?

3

Yes I have, all extra payments he’s asked for outside of this. But the listing still states pets allowed, private garden etc.

I’d also like to add he’s charged me £30 for the referencing check which I’ve also found out is illegal

4

Illegal, do not pay.

Report to OpenRent customer services to get him banned for misrepresentation.

5

I wasn’t aware of this at the time, so unfortunately I have paid. I moved in on the 28th April and there was some circumstance surrounding me moving it and this was the only option. But it seems now he’s taking advantage of that. And now finding out many other things

6

Was the size and price of the property too good to be true ?

7

No, it’s a small two bedroom flat for £1650. The bedrooms are okay, but the law states none of the rooms are large enough for more than two people and less than 42 square meters in total. Which is on the lower end for the area but it was in my budget and due to my old landlord passing I had to be out of my previous place by a set date.

8

Did you view these aspects when you viewed ?

Seems you were lied to about major aspects of this place. you are allowed to give 2 months notice or less if that is in your AST. read it what does it say?. it may say one month.

9

When viewing the property I was shown the garden. I questioned it being open so anyone can walk in and was told I can put a gate there. The drive had one car on it and I was told it was shared. Upon moving in, this all changed. Was told they use the garden to enter downstairs and the drive is only theirs but being on a main road there isn’t any other places to park besides the drive. I understand this is false advertisement now, is there anything I can do going forward besides from reporting. With the rental market being what it is, I’m worried if I report id be given an eviction notice

10

Firstly @Rosie12 we feel for you angst and pain with this rogue landlord.

This notice would be 2mths or 1 mth from presume the rent day 28th July. I am thinking this is London somewhere?

The days of a fixed term on a tenancy ended at midnight on 30th April with the RRA coming in the next day and changing all to periodic (monthly rolling on )

Did your referencing pass with affordability and references etc.? If all good you can easily get another property … in theory.

11

Open rent states there is a 4 month clause in there. But I’m unsure with the new laws if I could go before hand

12

@Rosie12

Under the Tenancy Fees Act 2015, various payments you’ve been made to pay are illegal - keep records of the requests for payments, payments made. Copy of the advice below [full doc at Tenant Fees Act 2019: guidance for tenants - GOV.UK ]

In terms of the numbers in the flat below, that isnt necessarily anything your LL can control is it? But you can certainly report to the council if you suspect over crowding, and they can take action against the LL of flat below

In terms of facilities advertised and not provided, have you kept a copy of the orginal advert? If it clearly said private garden and you dont have that the LL is in breach of contract, you can ask for a rent reduction

The max notice you can now be required to give [under RRA new laws] is 2 months plus the days so the notice ends on the last day of a rental period

Good luck

" These are the fees that your landlord is allowed to charge you:

  • the rent, if you and your landlord have signed the tenancy agreement

  • a refundable tenancy deposit

  • a refundable holding deposit to reserve a property

  • a payment to change the tenancy when you ask to

  • a payment when you leave a tenancy without giving enough notice

  • a payment towards utility bills and communication services

  • a fee for late payment of rent

  • a fee for replacing a key or security device

If your landlord asks you for any money for something that is not on this list, or if you have already paid a fee that might be incorrect then you can:

  • tell your landlord the fee is not allowed

  • make a record of any requests for payment

  • get advice from Shelter or Citizens Advice

<>

"If you have already paid a fee that is not allowed you can ask your landlord to give the money back and keep a record of any response.

You can contact your local council who can investigate prohibited payments and can help you get the money back. They can also make your landlord pay a fine.

Your council may ask you for:

  • proof of the money you paid or were asked to pay

  • any records of communications about the prohibited payment

  • a statement from you describing what happened

You can also apply to a First-Tier Tribunal. This is a type of court that can deal with housing issues. They can order your landlord to repay any prohibited payment."

f a letting agent asked for a prohibited payment, you can report them to the letting agent redress schemes:

You can get free help advice and support from: Shelter or Citizens Advice

Tenant Fees Act 2019: guidance for tenants - GOV.UK

13

4 months break clause was normal on OR tenancy AST’s b4 the 1st May 2026. Now completely squashed and it either 2 months notice to quit by default or whatever the nomal notice says in the original AST ( now an APT)

14

This is all great thank you so much.

15

This is all great thank you so much for all your help

16

@Rosie12 ps it seems quite likely the LL for flat below has an unlicensed HMO (House of Multiple Occupation) - for which there would be a large fine from the council to the LL and also the tenants below would be able to claim back their rent via a Rent Repayment Order.

If same LL for flat below, reporting the LL to council for this will obviously make you v unpopular not just with your LL but with your neighbours [as at least some will likely then have to move out, others may face a big rent increase] - so a big decision, maybe something to report once you have already found somewhere new.

2 Likes
17

LL is unlikely to agree a rent reduction for clear misrepresentation as he is already a ‘Rogue’ but you can try. You may have to ’ suck the pain up’ for a while until you can find somewhere else — If that is your chosen course of action going forward.

He thought you were gullible and desperate in his thinking and thought he could take advantage.

Keep the flat spotlessly clean and comply with AST agrement, do not give LL any reasons to serve you notice. Politely refuse extra fees requests pointing out it is illegal as @David240 cites. Keep referencing scam in yr back pocket until safely left.

Re: the Ground floor flat - LL may potentially owns same so is in breach of multiple Council regs, running a overcrowded HMO.

2 Likes
18

This all great thank you both @Ray12 and @David240

19

What are the GF tenants like, are they behaved ? re noise, mess etc. Appreciate you need access for yr dog in the garden to be walked, releived etc.

Do you have a car that needs parking? where?

20

Could be all one related family ? not unrelated? so not a HMO.