advice needed for repair issues on rented property

tink61

My mum-in-law has rented a property for over 30 years. When the original landlady died, the property was left to the church but mum was given a lifelong tenancy. The property was put in the hands of an agent with express terms in the tenancy agreement that mum is not allowed to contact the landlords herself at all.
In October 2008 mums bedroom ceiling fell down, fortunately she was not there at the time! Hubby reported it to agents who sent someone round to make it safe.
As the property is grade 2 listed (but only outside is detailed, nothing detailed in listed buildings register for inside), agents contacted heritage people who insisted it had to be repaired in lathe & plaster as that was what was there. This is despite there being plaster board used throughout the property!
The church were contacted for their permission to go ahead with the work.
At the same time an electrician came to do an elecrical safety check and discovered some of the sockets were not earthed. This was reported back to the agents.
The windows have needed replacing for some time but they have to be replaced like for like as they are wooden sash windows. Someone once came to to measure up for new ones.
You may have got the gist of this - nothing has been done yet!!
A couple of months ago the church finally gave the go ahead to get the work done. There is a firm of architects doing all the plans etc. 21 months since the ceiling fell in we are no closer to knowing when it will be fixed.
Mum is 74 and getting very down over it all. Unfortunately she won't make a fuss, this I think is one of the problems. She also won't won't let us contact environmental health or anyone else. I did try once but got my head bitten off!
One major concern we have is that when the work is carried out, they will not make provision for mum to stay elsewhere. They are expecting her to stay with family. She has continued to pay her rent thoughout all this with no concessions offered.
The agents did mention a property she could move into but it is smaller, much more expensive and she could not move back once the work has been done. She does not want to move as this is her home and repairs aside she has been very happy here.
Can anyone give us some advice as to where we stand with her rights as a tenant and anything else that may help.

Thank you

BitterAndTwisted

Have they explicitly said that they expect your MIL to vacate the property while the works are going on? Has anyone provided her with a schedule of works yet? it's entirely possible that she may not need to move out while the works are going on at all.

G_M

The 1st thing to establish is what kind of tenancy she has. I suspect it is a 'Regulated Tenancy' which provides very strong rights and protection. You can check here.

You then need to talk directly to the agents and /or Church (this 'do not contact the LL direct' is, I suspect, rubbish, but Shelter will advise on that if you contact them. Pin them down on
What work is to be done?
Starting when?
Duration?
Access required by builders?
Level of impact on your mum/mess etc?

My guess is the house will be uninhabitable and she should be re-housed for a period, but speak to them, insist on them following up with written answers and also speak to Shelter/a law centre or a property lawyer about your mum's (probobly considerable) rights.

clutton_2

this is truly appalling that the agent/church has spent 21 months mucking about... if your mohter has an Assured tenancy and i bet she has... she CANNOT be evicted - as long as she pays the rent and she has great rights in terms of habitability of her home...

if they render the property uninhabitable through their repairs obligations under LL&T Acts... various.. they have a legal duty to house her elsewhere at the same rent.. and to return her to her original home after the works are finished...

i would be wanting to go to the papers if it was me as well.... downright outrageous......

do EVERYTHING in writing from now on....

if it were my ageing mum i would just contact Environmental health on her behalf.. and get them in....

tink61

thanks for the advice. mum has not been given anything on start time, what is going to be done or how long it will all take and the agents are notorious for being rubbish.
I would have gone to environmental health, papers etc a long time ago but she won't have it and she is the one that has to live there!
I'd not thought of shelter so that is another option.
We are hopeful that they wil come up some info soon but not holding my breath!
Don't think mum could cope with another winter there as it is. Oly heating is a storage heater in lounge! But she is getting to a point where she is going to make a stand, which is about time.

clutton_2

how are you at writing letters.. would your mum sign a letter about the repairs if you got help with the wording from here ?

or


i think you have to convince mum that she does have substantial rights top be treated properly, and that she cannot be evicted as long as she pays the rent..

The local Council Private tenancy officer could also help her by writing to her landlord for her to make them comply with Landlord and Tenants legsilation in terms of fixing the problems with the house. Even tho it is the Church who own it, they are still compelled to abide by LL&T legislation... like any other landlord in the country.

The agent does not know what he is talking about ......

tbs624

clutton wrote: »

this is truly appalling that the agent/church has spent 21 months mucking about... if your mohter has an Assured tenancy and i bet she has... she CANNOT be evicted - as long as she pays the rent and she has great rights in terms of habitability of her home...

The OP says " My mum-in-law has rented a property for over 30 years."

If the tenancy began before 15 January 1989 it is more likely that this is a Regulated Tenancy, under the Rent Act 1977.

Tink61 - does your mother pay a very low rent for this tenancy?
(The reason I am asking is that rent level can exclude the tenancy from being a Regulated one)

Assuming in the meantime that it is a Regulated tenancy - replacing windows, redoing a bedroom ceiling does not necessarily render a property uninhabitable and given the security of tenure afforded to your mother she should not consider moving out without having had qualified legal advice.

Unfortunately, it is not unknown for repairs issues to be used to "encourage" regulated tenants to give up the property, so that the property may either be sold or re-rented out at a hugely increased rent.

Contact the local law society to find a solicitor who has expertise with Rent Act tenancies. You can arrange for a solicitor to visit your mother at home if necessary and you can ask for an initial Fixed Fee appointment. Alternatively, see here for how to find a lawyer locally.

Once you/your mother has a clear view of the legalities, you can write formally to the Church/Agent stating briefly the timeline of what has happened to date, & requesting that the repairs are now dealt with in a timely manner

If your mother has asked that you don't contact Env Health, the local newspaper etc then you really need to listen to her.

Another poster has already suggested Shelter as a source of guidance - 0808 800 4444. Here's their guidance on repairs , if this *is* a Regulated tenancy:

Getting repairs done

The law says your landlord has to keep the structure and exterior of the property in good repair. This includes:

• the roof
• guttering
• walls (but this doesn't include internal decoration)
• windows and doors.

Your landlord must also keep the equipment for the supply of gas, electricity, heating, water and sanitation in good repair. Your landlord may have extra responsibilities to repair depending on what your tenancy agreement says.
You are responsible for looking after the property. This might include unblocking a sink or changing a fuse when necessary. You may also have other responsibilities depending on what your tenancy agreement says.
Your landlord must have a valid gas safety certificate for any gas appliances in the property. Any furniture provided should be fire resistant.
If your accommodation needs repairs inform your landlord or agent. If the repairs are your landlord's responsibility and are not done there may be ways you can force your landlord to carry out the work.

tink61

Mum does pay a low rent and certainly would not consider moving out. I did wonder if they were trying to find a reason for her to move out. She is a determined lady and will not give up easily! Although if she did ever move out the church would have to put an awful lot of money into the place to make it both appealing to other tenants and legal!! I will certainly talk to her and show her these posts and see if we can convince her to do something about the situation.
Thanks again for the advice

tink61

just found out planning application is in for mums property. There is NO way she can live in it when the work is being done. She doesn't have a copy of her tenancy agreement - don't know why! i'm hoping they cannot make her move out permanently????

clutton_2

what is the planning application for ? you can look on the local council website to find out....

""i'm hoping they cannot make her move out permanently???? ""

if she has been in the property continuously .. there is NO way they can force her out.... if the works need her to live elsewhere they HAVE to let her back... Especially if she has a Regulated tenancy as tbs kindly correctly me on....

but she Really needs proper legal advice.... please please please.. persuade her..... Is there a free law advice centre locally that she can go to with your for independent legal help.. they will not take ANY action without your mothers consent....

Does she has an insurance policy which has a free legal helpline attached to its terms and conditions... she could call them..

it sounds as if the church's agent does not understand the legal implicatoins of her tenancy...

the fact that she does not have a written tenancy agreement does not matter. she has been paying rent.. they have been providing a house for that length of time... therefore she has a tenancy

it will help if she can find proof that she has lived there tho going back as far as it possible .. old bank statements, council tax records, utility bills,

Did you live there as a child ?