landlord may be insolvent

caleb_soad

Hi

Forgive me if this is in the wrong forum, but it looked the most appropriate.

My landlord is appalling: won't give tenancy agreements, just increased the rent by 50%, won't do maintenance including repair the broken waste water pipe that is causing damp to the extent of physically wet plaster, won't allow access to gas and electric meters, not to mention eviction threats on a near daily basis. None of this is the main point, just background, I have found my landlord on the Companies House WebCheck.

On it is says that the company was issued with Compulsory Insolvency by the Official Receiver on the 21/01/2009 and was ordered to wind up on the 06/05/2009 (incidentally before I became a tenant!) Now it doesn't say that the company is dissolved. What I want to know is: should the company (my landlord) still be trading? If not, what could I do about it?

The reason I am wondering this is because I seem to have to come to a dead end in trying to stop/change the stuff mentioned above and wondering if this is a way of doing it.

Thanks in advance.

BitterAndTwisted

If you haven't got a tenancy agreement why didn't you move out a long time ago? Why fight this a-hole when you could be living in a warm, dry place paying rent to a decent landlord?

princeofpounds

There's lots of stuff you can do, but I think B&T has hit the nail on the head.

caleb_soad

I haven't moved out because I signed a tenancy agreement when I moved in and the company will give anyone else who asks a copy except me as their tenant!

Plus when I've got advice from Citizens Advice and Shelter they've told me that even though I haven't been given a copy of it, if I move out I would still be bound by the terms of the agreement even though the landlord has defaulted on their side.

I have been told that it would be best if I go to a solicitor, but I don't have the financial resources for that (but that's a whole different story).

theartfullodger

Plus when I've got advice from Citizens Advice and Shelter they've told me that even though I haven't been given a copy of it, if I move out I would still be bound by the terms of the agreement even though the landlord has defaulted on their side.

I have been told that it would be best if I go to a solicitor, but I don't have the financial resources for that (but that's a whole different story).

That sounds as though there may be two options...
a) Your income is too high for you to qualify for LSC funded legal aid so you need to pay your own solicitor....
b) Your case is too difficult/painful to deal with & people want you to go elsewhere...
c) I can't count...

Which??

Cheers!

Lodger

Fire_Fox

Welcome to MSE!

The landlord cannot increase the rent unless you are out of your initial fixed term AST - usually but not always six months - in which case you are now on a rolling monthly tenancy so can give notice to quit on the next rent day.

Try contacting Environmental Health or the private lettings officer at your local council, who will be able to enforce your landlord's responsibilities to keep the property in a good state of repair. I would also suggest you run a search on this board as similar queries arise weekly.

zet_2

caleb_soad wrote: »

Hi
My landlord is appalling: won't give tenancy agreements, just increased the rent by 50%

In theory, your landlord should not have been able to increase the rent until the fixed period ends. However, you may have signed an agreement waiving this.

caleb_soad wrote: »

won't do maintenance including repair the broken waste water pipe that is causing damp to the extent of physically wet plaster

I would seriously see a solicitor.

A lot of councils have a department called something like "private rented housing services". They can take legal action to get the work done or even close the property down and arrange for you to be rehoused.

They will be most interested if your place is unsafe or you are being harassed or illegally evicted. They may be able to help with legal representation or point you in the direction of another council department who might have emergency grant to pay for a solicitor.

As others have said, you want to be living somewhere else ASAP, in full receipt of any deposit you have given. I would start taking photos of everything right now. If you don't own a digital camera then buy a disposal camera.

caleb_soad wrote: »

The reason I am wondering this is because I seem to have to come to a dead end in trying to stop/change the stuff mentioned above and wondering if this is a way of doing it.

Your landlord is at least a commercial disaster, he may be a lot worse. If he doesn't care about his obligations as a landlord, then he doesn't care. It is a dead end. Figure out how to move along.

As for not being allowed to have a copy of your tenancy agreement. I would send a request for it in writing. Always do everything in writing, and keep a dated copy of it, even if you have a phone or in person conversation, send a letter summarising the position. Also keep a log of everything that is happening.

Thrugelmir

How do you know that the "Company" owns the property?