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Renting student house, what should there be?
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I have spent the last 3 years working as a legal secretary in Housing and Contract Law prior to my current job and dealt with such matters on a daily basis, and my Mum is a lawyer specialising in Housing and Contract Law, as well as having a Property company herself with over a dozen properties on her portfolio that she personally owns, thus regularly lending itself to such matters as tenants often do not pay rent and have on occssion when she was out of the country for a month, had to make their own emergency repairs and dock from the rent.
Unpaid rent wouldn't be the case here, they aren't refusing to pay rent, merely docking say £100 from a possible, lets say £400 payment. I have been present in court, and prepared the bundles for 100+ cases of unpaid rent/witholding rent for these purposeds etc and have never seen it be ruled that tenant is wrong in this situation.0 -
Thanks for the help. There are two other tenants, plus me. IDK what a HMO is but I'll have a look at the link you posted. The cooker is definately running off a normal wall socket, and I'll have a check on the gas safety certificate for the cooker.
Off to the SU to get some advice.0 -
The Housing Act 1988 states that when there are 2 months or more arrears, then possession is mandatory (Ground 8).
Once a tenant starts withholding rent, then the landlord can also start small claims court proceedings for the unpaid rent. Disrepair could be a possible defence but it would be far better to resolve the situation without going to court.
The OP should seek qualified independent advice - that is what advice centres are for."Harry, I'm going to let you in on a little secret. Every day, once a day, give yourself a present. Don't plan it. Don't wait for it. Just let it happen. It could be a new shirt at the men's store, a catnap in your office chair, or two cups of good, hot black coffee."0 -
Contact your university's accommodation office if it has one. They normally provide lots of help to students renting in the private sector.0
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If its a gas hob and gas oven then the electrics will just be for an ignition button and/or clock so the fact that it is run off an extension lead would be of no great concern (at least from a wiring point of view).0
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About HMOs
http://www.communities.gov.uk/index.asp?id=1151996
The property will be classed as an HMO (although not mandatory licensable) and therefore subject to all safety procedures0 -
HMO- House of Multiple Occupancy.
Crispy- how do you resolve your Landlord refusing to make essential repairs?
What you quote may be the law, but on the many occassions Ive been to court over unpaid rent, I've only seen it ruled that the tenant repays it at £5 a week and many cases where they don't pay it at all. To my knowledge my Mum has represented tenants who have witheld rent for repairs on 6 occassions, and on all 6 occassions the judge through it out of court.0 -
As a landlord - there should be a gas safety check certificate. Ask to see a copy and also get him to repair the oven immediately.
Report the broken shower to him (you don't mention the problem, not getting hot, leaks!) - depending on urgency he should replace it within a week.
You could ask the landlord to put a connection on the end of the aerial or do it yourself. Since he isn't paying for the TV service or licence fee it may be your responsibility.
You CANNOT withold your rent!
If the landlord evicts for that reason you will be liable for all his costs as well.
You should contact the landlord to make the repairs and see what his reply is.
You will need legal advice regarding access to water and electric, quick call to a solicitor, or citizens advice bureau. If the landlord pays your bills then it is 'courteous' to give him access - otherwise I'm sure you can refuse. You shouldn't have to give anyone access to use your bathroom.
Contact your universities accommodation office with these and any other concerns. They may even contact the landlord on your behalf to deal with the matter. Don't worry about all the HMO regulations etc. they are a headache for landlords and not you. Your house should be habitable with no health risks, gas/electric/damp. Your university office can advise you and probably give you a checklist.0 -
missk_ensington wrote:HMO- House of Multiple Occupancy.
Crispy- how do you resolve your Landlord refusing to make essential repairs?
What you quote may be the law, but on the many occassions Ive been to court over unpaid rent, I've only seen it ruled that the tenant repays it at £5 a week and many cases where they don't pay it at all. To my knowledge my Mum has represented tenants who have witheld rent for repairs on 6 occassions, and on all 6 occassions the judge through it out of court.
If a landlord refuses to make essential repairs, the first port of call would be the private lettings section of the local council - they have the powers to order the landlord to make repairs. This would be after negotiating on behalf of the tenant. sometimes a letter from a third party is enough to spur the landlord into action. If they are registered with the university, their housing department might also get involved.
Tenants can go down the route of taking action in the county court - for either breach of contract, nuisance or negligence - but they would need specialist housing advice for this and it can be time consuming.
We have had clients who have been evicted on ground 8 for withholding rent, even in cases of serious disrepair. We would always advise to keep paying rent and being above the law when taking action against disrepair."Harry, I'm going to let you in on a little secret. Every day, once a day, give yourself a present. Don't plan it. Don't wait for it. Just let it happen. It could be a new shirt at the men's store, a catnap in your office chair, or two cups of good, hot black coffee."0 -
It is true. It is not advisable to withhold rent. In the past it would have been advised but I think the law changed.
Your best bet would be to see an environmental health officer.2008 Comping ChallengeWon so far - £3010 Needed - £230Debt free since Oct 20040
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