Landlord Woes

Resident

Resident

Resident

Soldato
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It seems moving from our old place to escape at problem landlord has thwarted us.

I pretty much think I know the answer to this one but I'd appreciate input from you guys.

Current issue started on 02/12/2014 when the bank failed to transfer funds to LL's account. We were not notified of this by the bank or the LL.

The first we knew of this was Saturday 20/12/2014.

Saturday 20/12/2014 approx 10:30am

LL Andrew Coe called to house unannounced. Door was answered by partner's sister (staying with us for Xmas, not on tenancy agreement).
LL disclosed sensitive financial & personal details (rent arrears) verbally to partner's sister

This visit broke the law on 2 separate offences as far as I can see.

1. Failure to give the minimum 24 hours notice in writing as required by tenancy laws.
2. Disclosure of information protected by Data Protection Act to an unauthorised 3rd party, namely partner's sister.

Sunday 21/12/14 approximately 19:55

LL turns up on doorstep again unannounced, demanding full payment of rent, stating as tenants we have an agreement we need to stick to. It is explained to him that the bank admitted fault, payment will be made no later than Tuesday 23rd.

LL insists on payment, threatening legal action.

After a loan from partner's sister, LL leaves with a payment in full. A receipt is requested and made although body language of LL suggested that he wasn't expected to be asked for one.

On this occasion law is broken again. Once certainly but potentially two offences, not sure if a charge of demanding money with menaces could be applied.

Certain offence:

1. Failure to give the minimum 24 hours notice in writing as required by tenancy laws.

I have documented both occasions, in fact the text above is copied from my document on this matter.

Am I right firstly and secondly serious enough to warrant a solicitor visit?
 
So in summary you were 3 weeks late with the rent and he was a bit irritated and wanted the money?

What exactly do you want to achieve with a solicitor?
 
He shouldn't have come round, but how can you not have the money for rent when the bank didn't transfer it? Surely it's still in your account
 
amigafan2003 said:
Technically yes.



No.

You're making a mountain out of a molehill. You didn't pay your rent on time, deal with it.
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Fair enough with the over reaction but having issues with previous LL, kinda wanted to get it nipped in the bud.


And yes, I appreciate the rent was not paid on time, again this was a bank error of which the bank has admitted fault. However the LL has both mine and my partner's mobile number. A quick text a few days after the failure would have gotten this sorted days ago. The fact that he waited 18 days then broke the tenancy agreement by not providing us "quiet enjoyment", a requirement by law, has riled me. It was a similar issue with previous LL, turning up with no notice, even making appts with tradesmen, letting herself into our home without anyone present.

MrMoonX said:
He shouldn't have come round, but how can you not have the money for rent when the bank didn't transfer it? Surely it's still in your account
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No, the bank transferred the money to the wrong account, which is why it's taking a couple of days to sort.
 
Resident said:
And yes, I appreciate the rent was not paid on time, again this was a bank error of which the bank has admitted fault.
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Thats not really the landlords problem though - its between you and your bank.

A quick text a few days after the failure would have gotten this sorted days ago. The fact that he waited 18 days then broke the tenancy agreement by not providing us "quiet enjoyment", a requirement by law, has riled me. It was a similar issue with previous LL, turning up with no notice, even making appts with tradesmen, letting herself into our home without anyone present.
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And I suspect the fact you never paid your rent until 3 weeks after it was due has riled him, too. You are both riled. Put it down to experience, get on with your life?
 
The landlord is contractually required to give you notice in the same way your contractually required to pay your rent on time.

While I'm all up for taking landlords on to the letter of the contract at every posibility, in this case your going to have to let it go.
 
sounds like a lot of fuss over nothing - you missed the rent, haven't looked at your bank statement and he turned up to ask for it - not unreasonable... if he wanted to inspect the property then he has to give 24 hours notice but he's just called round to ask about the rent

why didn't you just drop him a text on the Saturday saying there has been a mistake and you've requested a transfer now?

he's then come round again on Sunday - presumably a bit concerned since you've not contacted him - demanding the rent in cash is a bit dodgy, I'd have refused nd paid a cheque or just made a transfer. But you promising him it will be paid by Tuesday at the latest - makes no sense - just pay it... it is going to worry anyone who is owed money if the person who owes it starts making excuses like that.


Why did you need a loan from the partners sister? Surely you've got the money if it was due to go out but didn't because of a bank error - or is this 'bank error' actually because you didn't have the funds available to pay the rent?
 
I think it's 24 hours to access property, not knock on the door.

As for the sister thing - any witnesses? All he has to say is 'no comment' and it will go nowhere.
 
Yes the loan from your sister is odd. Why not just transfer the money to his account then and there?
 
dowie said:
sounds like a lot of fuss over nothing - you missed the rent, haven't looked at your bank statement and he turned up to ask for it - not unreasonable... if he wanted to inspect the property then he has to give 24 hours notice but he's just called round to ask about the rent

why didn't you just drop him a text on the Saturday saying there has been a mistake and you've requested a transfer now?

he's then come round again on Sunday - presumably a bit concerned since you've not contacted him - demanding the rent in cash is a bit dodgy, I'd have refused nd paid a cheque or just made a transfer. But you promising him it will be paid by Tuesday at the latest - makes no sense - just pay it... it is going to worry anyone who is owed money if the person who owes it starts making excuses like that.


Why did you need a loan from the partners sister? Surely you've got the money if it was due to go out but didn't because of a bank error - or is this 'bank error' actually because you didn't have the funds available to pay the rent?
Click to expand...

Jono8 said:
Yes the loan from your sister is odd. Why not just transfer the money to his account then and there?
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Resident said:
the bank transferred the money to the wrong account, which is why it's taking a couple of days to sort.
Click to expand...

The bank has stated that they cannot simply give us the missing cash instantly, don't ask me why, my questioning of this was met with "standard procedure"
 
fair enough - still I'd not be looking at contacting a solicitor regarding this - turning up and asking for rent is fair enough, demanding it in cash on the other hand perhaps dubious but hardly worth a big fuss over
 
I'm not a huge fan of landlords but you sound far more in the wrong than he does, even if it's an accidental situation. Taking things to a solicitor will certainly worsen what sounds like the already rocky relationship you have with your landlord.
 
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