The law regarding landlords and their responsibility

Nicky321

Just wondered if anyone could point me in the right direction regarding landlords and their responsibility? Maybe there is a document somewhere.

Cheers

Fire_Fox

There are an enormous number of pieces of legislation which landlords must comply with - IIRC hundreds rather than tens! Perhaps you could give us more of an idea what this is in relation to: privacy, safety repairs, notice?

princeofpounds

The Landlord and Tenant Acts and the Housing Acts are the main ones that come to mine, but as said there are lots.

If a repairing issue, landlord and tenant act 1985(?) section 11 is what you want.

Nicky321

Here goes, sorry its so long, but I wanted to get everything across.

My daughter moved into a private rented end terrace in September 08 along with her 9 month old son, and although the decor was nice, we spent 2 days removing grease and grime, in November 08 she had to get British gas in to change the meter and they told her there was a leak near the meter which was in her lounge, they repaired it and installed the new meter. She also got ntouch with the landlord to see if she could get EAGA round to give her advice on insulation etc. EAGA came round and said they could install insulation into the loft, as there was little in there, and there was approx 6 months waiting list, but the landlord had to give permission for the work to be done, which he never responded to their letters. In March 2009 she renewed her tenancy to March 18th 2010. Her home was partially double glazed, but had an old ill fitting front door with gaps all around, and a glazed door into the lounge, again it was ill fitting with gaps all around. The glazing in the door was single glaze and consisted of four panes of glass all the way down to pretty much floor level. There was no smoke detectors present. In January 2010 the letting agents contacted my daughter and asked if she was going to renew her tenancy and if not she needed to give them notice, which she did immediately. Shortly after she handed in her notice they put up a "For Let" sign, without contacting her. She then had several phone calls asking her to show the prospective tenants around the house on her own. 3 tenants viewed the property and the 3 to view asked her when would she be able to vacate the property as their tenancy agreement on their property was upto 24th February. My daughter never heard or received anything asking her to vacate up until the 23rd February when the letting agents rang and asked her if she was able to vacate the property by 27th February. She obliged and although herself and family ran themselves ragged moving her stuff out, the property was emptied by the end of day on 25th February and she moved back in with us. First thing 26th February she handed in they keys to the property and they told her she would be liable for rent upto 27th February. After 10 days she received a cheque from the letting agents returning her bond and we called them to ask about the refund due on the rent which had been paid upto 18th March, they told us on 8th March they had received rent from the new tenants and they would refund her. Today she received another cheque from the letting agents refunding her 13 days rent, which we thought was wrong as she had moved out by 27th February and therefore assumed 20 days would be refunded, as they said she was liable upto 27th February. Today we rang and they told her she was only entitled to a rent refund from the date the new tenants moved in. I queried why they needed 7 days between my daughter vacating the property and the new tenants moving in and they told me so they could do their inspections.

From the 19th September 2008 until 26th February 2010 my daughter never received any documents regarding safety checks on Gas and Electric which we have heard should be carried out at 12 month intervals, which again in the period she was in the house where never carried out.

I have now written a letter to the agents stating that we feel she should be entitled to 20 days refund, why should she have to pay 7 days rent on a property she was asked to vacate so they could do their inspections. Also given them 7 days to reply before we seek legal advice, as we feel they may have broken the law.

Thankyou

Fire_Fox

It's now far too late to address any issues over the condition of the property when your daughter moved in or related to the insulation, you'd be best deleting that whole section from your post as it is a red herring. If you wish you can report the landlord for not having a gas safety certificate, but really that is completely irrelevant to the matter at hand.

Do you have a written record of any of the negotiations - your daughter being told to submit her notice, the agreement to end the tenancy early and on what date? Your daughter (not you as you are not party to the AST) needs to write recorded delivery to the landlord (not the letting agent as they are simply an agent of the landlord) regarding the missing rent.

Nicky321

But I assume this is relevant?
What duties does my landlord have in relation to gas safety?
Your landlord has duties under the Gas Safety (Installation and Use) Regulations 1998 to arrange maintenance by a Gas Safe Registered engineer [1] for all pipework, appliances and flues, which they own and have provided for your use. Your landlord must also arrange for an annual gas safety check to be carried out every 12 months by a Gas Safe Registered engineer. They must keep a record of the safety check for 2 years and i ssue a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenants before they move in

Also in reference to your following points
Do you have a written record of any of the negotiations - your daughter being told to submit her notice, She has the letter asking her if she wished to renew the tenancy, and should have a copy of the letter she sent in response. the agreement to end the tenancy early and on what date? This was verbal from the letting agents asking her to be out of the property by 27th February. Your daughter (not you as you are not party to the AST) needs to write recorded delivery to the landlord (not the letting agent as they are simply an agent of the landlord) regarding the missing rent.

Fire_Fox

Nicky321 wrote: »

But I assume this is relevant?
What duties does my landlord have in relation to gas safety?
Your landlord has duties under the Gas Safety (Installation and Use) Regulations 1998 to arrange maintenance by a Gas Safe Registered engineer [1] for all pipework, appliances and flues, which they own and have provided for your use. Your landlord must also arrange for an annual gas safety check to be carried out every 12 months by a Gas Safe Registered engineer. They must keep a record of the safety check for 2 years and i ssue a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenants before they move in.

It was relevant to your daughter's safety when she lived in the house and it's relevant to the new occupants' safety. It's completely irrelevant to your daughter getting her money back isn't it? This should have been addressed months ago, now it could be construed as sour grapes.

Nicky321 wrote: »

Also in reference to your following points
Do you have a written record of any of the negotiations - your daughter being told to submit her notice, She has the letter asking her if she wished to renew the tenancy, and should have a copy of the letter she sent in response. the agreement to end the tenancy early and on what date? This was verbal from the letting agents asking her to be out of the property by 27th February.

I understand your point completely BUT the AST is a legally binding contract between landlord and tenant, it isn't ended by the letting agents asking your daughter if she is going to vacate early. If there was a mutual agreement to terminate the contract early this needed to be documented. Legally I don't think you have a leg to stand on, morally I think it's p1ss poor and you ought to name and shame the letting agent.

tbs624

Your daughter was legally entitled to remain in the property until the second Fixed Term's expiry date, ie March 18th. Did your daughter understand that or did she feel she had no option but to leave early?

She also did not have to consent to viewings by other potential tenants and before relinquishing her tenancy she should have obtained written terms for her early departure.

However, I would be tempted to formally write a very brief letter setting out once again that your daughter moved out after the phone call requesting her to do so, on the date the LA wanted and that she is only prepared to pay rent up until that date.

Was her tenancy deposit/bond scheme registered by the way, and had she been given the scheme's prescribed information (assuming property not in Scotland)?

If not, I would be suggesting in the letter that should the rent refund not be forthcoming you will have no option but to report the LA and the LL to the local Council's Private Sector Rentals Team for (a) breaching the tenancy deposit regs in the Housing Act 2004 and (b) disregarding the gas safety regulations.

Even if the LA got a gas safety check done tomorrow they would still be unable to produce the required last two years' worth of gas safety certs. if no checks had been undertaken in that time.

LLs/LAs failing to meet the gas safety regs are likely to face a fine of several thousand ££

Nicky321

Your daughter was legally entitled to remain in the property until the second Fixed Term's expiry date, ie March 18th. Did your daughter understand that or did she feel she had no option but to leave early? She felt she had no option, because they telephoned her asking her to be out by 27th.

She also did not have to consent to viewings by other potential tenants and before relinquishing her tenancy she should have obtained written terms for her early departure. We will know for future.

However, I would be tempted to formally write a very brief letter setting out once again that your daughter moved out after the phone call requesting her to do so, on the date the LA wanted and that she is only prepared to pay rent up until that date. We have a letter ready to be posted.

Was her tenancy deposit/bond scheme registered by the way, and had she been given the scheme's prescribed information (assuming property not in Scotland)? I assume so, she got the full bond back, guess they had no other option, as the property was left in a much more cleaner, and better condition than it was when she first moved in lol.

If not, I would be suggesting in the letter that should the rent refund not be forthcoming you will have no option but to report the LA and the LL to the local Council's Private Sector Rentals Team for (a) breaching the tenancy deposit regs in the Housing Act 2004 and this is not needed I guess (b) disregarding the gas safety regulations. I have put words to this effect in the letter.

Even if the LA got a gas safety check done tomorrow they would still be unable to produce the required last two years' worth of gas safety certs. if no checks had been undertaken in that time.

LLs/LAs failing to meet the gas safety regs are likely to face a fine of several thousand ££

What about smoke detectors? Should they be fitted by law?
And glazing below a certain height, should it be safety or toughened or does that not apply?