House renting nightmare ADVICE PLEASE!

magice

Thanks so much for your help on this.

Essentially, we want to stay in the property until the lease is up in September. We haven't asked for much, and we are pretty reasonable. However, as things have turned out, we would like to know that the house is safe, to have all of the maintenence issues seen to and to have some sort of remittance, as we feel that we have been paying for something that we were promised but not given.

We don't have gas and electrical compliance certificates, and our deposits are being held by a third party.

princeofpounds

Ok great, so you want to stay and get everything in order.

1) check your AST. (I assume it is an AST and your rent is not above 25k p.a.). Hopefully the fixed period is expiring when you want to move out. Advise us if the landlord has a break clause becaue then he can ask you to leave earlier if he gets annoyed.

2) Be aware that only the first 4 people named on the AST are actually the tenants. Quirky, but the law only permits an AST to 4 people. The others are really just permitted occupiers. Most people don't know this so don't raise the issue, I don't want to confuse things, but it's just so you know in case number 5 or 6 run away without paying rent as a result of this. So make sure you work as a team.

3) Contact your landlord by a verifiable method (recorded delivery, hand deliver with independent witness or get a reply). Include copies of your previous complaints and a professional opinion from the electricians if you can get it. Summarise your concerns and what you are want to happen. Suggest a reasonable time limit to demonstrate progress (and given his agents have had the communication before and it is not involving heating or hot water, then that can be a matter of a week or two).

-> Hopefully you now get co-operation. Also request a gas certificate from the landlord ASAP.

4) If no co-operation from the landlord, get estimates from at least 3 different tradesmen for each of the repair jobs. Just to restore working order, not betterment or cosmetic improvement. Forward these to the landlord as above, and state that if the work is not done within a reasonable time limit (again, 1-2 weeks) you will get the work done and deduct from a stated upcoming rental period (the next full one basically).

To make him think seriously, point out gently you have no gas safety certificate, that you will have to advise the council private tenancy & environmental health team about the standard of the building and check to see if it meets HMO regulations. This could well get him repairing orders and 2 criminal convictions (one for gas, another for unlicensed HMO) if he has been dodgy

5) If no joy, get the work done and pay less rent as stated. This procedure is set out in Lee-Parker vs Izzet (1971). Google it At the same time, contact the council for advice and enforcement support. They will come and assess the property, may issue repairing orders and may look into prosecuting the landlord.

-> You now have, within 2-4 weeks, fixed all your repair problems.

If your landlord has not supplied you with an address in England and Wales then you do not have to pay rent until he does. You are still liable for it when he does so keep it aside, but may focus his mind in case you get a 'return to sender, not present' type reply.

The electrics are tricky because there is no statutory obligation to keep them in a particular condition other than working and safe (unlike heating and hot water). The landlord can still get into trouble over them, but only if they actually hurt you, or if the council come out and inspect and declare them unsafe. If you have a written report from a qualified electrician saying they are dangerous and broken and why then you would probably be able to convince a dispute panel or court that the repair needed doing, but you have to be a bit careful about getting the evidence because workmen have been known to say things to get work, and electricity can be 'dangerous' by modern building standards but still quite safe for residents. So two opinions or even better a council opinion would be best.

princeofpounds

Actually, I had just skimmed your info previously as it was quite a long post. If the floorboards are catching fire... eek! Get the environmental officers in right away, you have pretty good proof the wiring needs fixing and its more a matter of safety than worrying about whether your landlord has a break clause or not.

Notlob

How Many floors does the property have?

Notlob

magice

it has three floors, if you include the basement!

Trollfever

And speak to your Fire Brigade fire safety.

magice

Thankyou so much for everybody's help on this. Have sent a letter to the landlord, and will await his response.

This is my first experience with something like this, so really appreciate all of the advice!

Notlob

Hmmm, gray area. Definitely an HMO but also a licenced one if basement habitable. I cannot be 100% sure if basement is not habitable.

You need to establish whether it is a licenced HMO by contacting your local housing department of the council. Landlord's failure to apply for a licence is a criminal offence and can result in a fine of up to £20,000. Also, in certain cases, rent from housing benefit or paid by tenants themselves can be reclaimed if a landlord is found to be operating a licensable HMO without a licence. If a landlord has been convicted of the offence (or the local housing authority is satisfied that the offence has been committed even though the landlord has not been prosecuted), a local housing authority can reclaim any benefits paid when the landlord was operating without a licence by applying for a Rent Repayment Order. Similarly, tenants (including former tenants) are also allowed to make an application for a Rent Repayment Order where the landlord has been convicted of the offence or where a Rent Repayment Order has already been granted to a local housing authority on the same property.

If it is a licenced HMO, I suspect the agent is going through a damage limitation exercise and distancing themselves as far away as possible from the landlord and the property.

Finally, get out of there, surely, safety is more important than cheap rent! If you were responding to an opening post such as the one you have posted, what would you be advising?

Notlob