Problems with landlord

richdav01

thanks for your help, we have been thinking of involving a solicitor but have been unsure of the possible consequences re the LL. Will take legal advice definately. Many thanks again for your help. Wont report him for GSC, but will threaten to if he carries on.

lizzielondon

ok the initial rent increase seems ok since there was a rent review clause

penewise

Hi Richdav,
as a landlord myself I can tell you that not suppling you with a gas safety certificate is a very serious matter.Have your gas appliances been checked by a gas safe engineer.IE does a certificate exist or do you mean he hasnt supplied you with one? If he doesnt get the gas appliances tested then he is placing you and your family in danger.whether you report him or not you should insist on the certificate.

G_M

Let's get some facts straight:
The original contract was a fixed term? For how long? 6 months? At £795? Starting when & ending when?

It was increased to £850 when? How? A new fixed term contract signed? Or just a conversation? Or email? What?

It was reduced down to £650 when? During the ongoing fixed term or what? Agreed how? In writing? Saying what?

the original tenancy agreement included the rise to 850 after 6 months.

Was the original tenancy a 6 month fixed term? Or 12 months? Without full details it's impossible to advise.

The Gas Safety issue is serious, but totally separate (except perhaps as a means to blackmail him!).

What do you wish to achieve? You say:
"At the end of the day we want to stay here," so what is the relevance of the council?

clutton_2

there are 2 separate issues here.. rent and gas certificate.....

OP says ""My landlord agreed to reduce our rent to 650 on a temporary basis with this being reviewed after 3 months."

After 3 months were up - why did you not contact your landlord to find out what the "review" meant ? Seems to me you assumed that the reduced rent was for an indefinite period.... that is a naive view if you dont mind me saying that..

Paying a reduced rent will always result in arrears, unless a new tenancy agreement is signed....

It was up to you, just as much as the LL, to make contact and discuss matters.... why did you not do so ?

The LL should have sent you a statement of your rental payments - you should have asked for one if he did not

The council will see that you are in arrears... and you will need to pay them off

Talk to your landlord by letter... get an agreed "arrears repayment schedule " agreed as to how much each month you can afford to repay to get the arrears cleared.....

tbs624

Your absolute priority should be to inist that the LL gets the boiler checked and certificated by a Gas Safe -registered bod if this has not been done during the 18 months that you have been there - "Wont report him for GSC, but will threaten to if he carries on" - it's really not something over which to play games.

As G-M has highlighted, you say that you want to stay in this property and yet you say that you are also applying to the Council?

Fire_Fox

richdav01 wrote: »

have proof by way of bank statements since Jan 09 showing we paid 650 pm every month up to this month. never missed a payment nor been late. Been advised to keep everything on email as he has denied phone conversations took place etc etc. I think he is just being awkward and taking the mick out of us. The agent is not returning my calls. At the end of the day we want to stay here, but feel he is being very unreasonable. Any advice on what to do next?

I think your landlord has been very reasonable and I think you are being awkward and taking the mick to consider shafting a landlord who has allowed you to pay reduced rent all this time and not taken steps to evict you for £2800 of arrears.

I don't understand why you have failed to pay full rent for all this time, why haven't you claimed local housing allowance? You cannot seriously have thought a businessman would write off £200 a month for fourteen months? Are you aware that rent and council tax are priority bills, the debt charities advise you should pay them before anything else barring food?

You want the landlord to do you a favour and tell the council you are not in arrears (hence writing off your debt) but what is in it for him? You proudly say you have paid part of your rent on time and kept the place in good condition, but these are not special favours they are the bare minimum required of a tenant!

DVardysShadow

clutton wrote: »

... Paying a reduced rent will always result in arrears, unless a new tenancy agreement is signed....

Fire_Fox wrote: »

I think your landlord has been very reasonable and I think you are being awkward and taking the mick to consider shafting a landlord who has allowed you to pay reduced rent all this time and not taken steps to evict you for £2800 of arrears

Well, it all depends on what was agreed. I can see that it could be considered arrears from LL perspective. I can see that from perspective of T it is an agreed contract variation. Trouble is that neither side has written to the other and recorded the position. So it is harsh of LL to give a reduced payment concession and then describe it as arrears. It is unreasonable of T to assume that it is not arrears.

iamana1ias

Fire_Fox wrote: »

I think your landlord has been very reasonable and I think you are being awkward and taking the mick to consider shafting a landlord who has allowed you to pay reduced rent all this time and not taken steps to evict you for £2800 of arrears.

I agree, assuming the AST didn't say "increase to £850, but only if you can afford it".