landlord being awkward

tbs624

Mandy - however "nice" the house is, the LL is putting you & your son at risk by not having proper safety checks done on alll gas apliances at the property. Either the HSE or the local council can push for prosecution and he can be fined for not complying with the gas safety regs: he is legally obliged to get an annual check done by a CORGI reg h/e and to keep the safety certificates for at least 2 years. Ask him in writing tomorrow to get a check arranged asap, and see if you can get yourself a carbon monoxide detector(sometimes on offer for 10-12 quid): one of the audible battery operated types, not the colour changing cards.

He has to give you proper notice of proposed rent increases and you can ask for the increase to be referred to a rent assessment committee.
Did your original agreement have an rent increase clause, and/or has the LL used formal S13 Notices of increase?

If he gives you notice he still has to get the gas safety checks done, he will have to get an EPC (energy perf certificate done) before letting out on a new tenancy, he will have the costs of advertising and possible rent voids to consider, he will have to comply with the recent tenancy deposit legislation, and, as I said before, he runs the risk of getting a new tenant who may not pay on time but still gives him far more "grief" than you ever have.

Do you pay the top-up part of your rent in cash and,if so, does the LL give you proper receipts? (LLs who fail on important things like gas safety often also fail to fully declare to HMRC). Do you have a full address for this LL?

The Private Sector Rentals Team are fully aware of LLs who play the retaliatory eviction card, and they can advise you on the best way to deal with all of this.This team isseparate from the one dealing with Council Housing. They can simply give you suggestions, or they can help by liaising with the LL if necessary. If you use the CAB you'll need to ask specifically for someone with LL&T experience.

Alternatively, you could speak to someone at Shelter 0808 800 4444 (7days, 8-8). You may also find it useful to take a look at their website.

the-stig_2

hiya sorry to hear about the problems your getting with the landlord.. i assume the landlord gets he payment direct to himself because your contract started before the new rule for benefit payments to the tenants direct. the best you can do is withhold any shortfall owed until the LL completes any work that needs doing, also contact you housing office and explain the situation they might get a housing officer to come and visit you regarding the repair issues they will then contact the landlord stating the property is in need of repair and can withhold money untill the property is in a liveable condition. then once the work is done pay any money owing to the landlord for the work he has done to the property.. Also regarding the damp issue the house has, where i am from theres a government scheme called warmfront you can get cavity wall insulation done but you need the landlords consent check this out http://www.warmfront.co.uk/ i hope it helps .. :-)

robwend

the-stig wrote: »

the best you can do is withhold any shortfall owed until the LL completes any work that needs doing, quote]
for god sake dont do that. you must keep paying, tit for tat is not the answer. stay within the law yourself

the-stig_2

but your in your right to withhold any money owing to the landlord. i know it might seem tit for tat but it puts pressure on the landlord to repair the property why should people pay for something that aint right surely if you rent or buy something you would do the same if it aint working.. ask the people at your local council they will advise the same..and once the work has been done then you pay the money thats outstanding to the landlord..

Voyager2002

the-stig wrote: »

hiya sorry to hear about the problems your getting with the landlord.. i assume the landlord gets he payment direct to himself because your contract started before the new rule for benefit payments to the tenants direct. the best you can do is withhold any shortfall owed until the LL completes any work that needs doing, also contact you housing office and explain the situation they might get a housing officer to come and visit you regarding the repair issues they will then contact the landlord stating the property is in need of repair and can withhold money untill the property is in a liveable condition. then once the work is done pay any money owing to the landlord for the work he has done to the property.. Also regarding the damp issue the house has, where i am from theres a government scheme called warmfront you can get cavity wall insulation done but you need the landlords consent check this out http://www.warmfront.co.uk/ i hope it helps .. :-)

Bad advice!

Continue to pay your rent unless you have very good reason (backed up by professional advice) not to do so. No matter what else is going on, if you fail to pay your rent you put yourself in the wrong so far as the law is concerned, and may well lose a range of rights.

the-stig_2

its not failing to pay your rent its withholding payment untill the work on the property has been done.. speak to your local council

What should the tenant do if the landlord does not undertake their repairs obligation?

The tenant should first contact the landlord in writing to record the problem, and to ask them to repair it. Where the landlord is in clear breach of a contractual obligation and in repairs are inexpensive, a tenant can do the work and charge the cost to the landlord by withholding future rent. It is essential that the correct procedure must be followed. The landlord must be given written notice of the defects, a reasonable time to undertake the repair and be warned of the intention to use future rents to set off the costs. It is strongly advised to seek advice before using this method. Withholding of your rent is a breach of contract, and if taken to court they would have to show that the rent is available (for example, being kept in a separate account).



http://www.hounslow.gov.uk/index/housing/tenant_information/during_a_tenancy.htm
like it says ok you can be taken to court but if you can prove payments are still available to the landlord then your in your right to withhold any payments

silvercar

Rights or not, with-holding your rent is the quickest way to getting a section 21 notice and finding yourself looking for a new home with 2 months notice.

the-stig_2

well if thats the case you can state your claim when it goes to court if it does and the reasons why you with held any money due and if you can prove you have the money to pay for any money outstanding then your still in your rights.. why should the landlord get all the rights when all the tenant wants to do is live there with some if not all rights as a tenant.

silvercar

the-stig wrote: »

well if thats the case you can state your claim when it goes to court if it does and the reasons why you with held any money due and if you can prove you have the money to pay for any money outstanding then your still in your rights.. why should the landlord get all the rights when all the tenant wants to do is live there with some if not all rights as a tenant.

Except that there is no discretion with a section 21 notice, though there would be with say section 8 (rent arrears).

franklee

Don't want to worry you but how long has your landlord owned the property? I am wondering if it's not much more than the five years you have been there (or if he has brought other properties recently) that he may not be that solvent. From your post he seems clearly worried over money. Thing is if he is running at a loss he may just not be prepared to be reasonable.