a bit of advice needed plz

triplet-mummy

hi,i moved into a private rented house nearly 11 months ago which needed a fair bit of work doing to it. my ll agreed to do all work needed within 3 months but has failed to keep to his word. will list just a few of many things that were supposed to be done
:all 3 external doors to be replaced
:all windows sealed and painted
:garden cleared
:garden fence put up(bewteen me and next door)
:old metal garage to be emptied and removed
and the list goes on..............
i have personally put new locks on the doors as i didnt have keys for them,front door glass is falling out and wood falling off everywhere,house gets flooded when it rain cos of the windows and doors. get the picture yeah.
i know you are gonna ask why on earth did you move into the property but i had no choice,i was homeless with 5 children and had to take it,it was a roof over our heads.
what can i do about getting these things sorted??
would like to not pay his rent and get someone else in to do the work and pay them with the rent but i think i may get into trouble if i do that.
just looking for a bit of advise really
thanks

tbs624

Google Shelter and "getting repairs done", their pdf which explains the procedure a T may use to pay for repairs & take the money out of future rent payments.

This is not the same as simply "withholding rent", an action which can leave you open to possible eviction.

You could also contact the local council's TRO (tenancy relations Officer) on the private sector rentals team. They can arrange to have the property assessed under the HHSRS (Housing Health and Safety Rating System) and can order the LL to complete certain works.


As you say you have been there 11 months, am assuming you were either on a 12 month initial contract or a 6 month one, which has (a) been renewed for a further fixed term or (b) been allowed to run on month to month as a statutory periodic tenancy.

The trouble is that a retaliatory eviction is always a possibility, albeit it that if you are a reliable T who has, to date, paid on time the LL may be cutting of his nose to spite his face by following that course.

Have you at any point written to the LL listing all the issues and asking him to fix them by x date?

triplet-mummy

hi,thanks for advise.
i have a 12 month contract which is due for renewal october,i have tied to contact the LL but he no longer lives at the address i have for him and i have no contact number for him now either. the other prob is that he lives 150 miles away so i cant ask if anyone knows where he is. he popped up 4 months ago to tell me that all the work would be done the first week in july but again it never happened.
i am on my local council housing list and have applied for a few houses the last couple of weeks,am waiting to hear if i have been sucessful.
all i want is a safe house for me and my children.

also is my LL breaking the law by not having 1 of those energy tests,no fire alarms,storage heaters not tested(ever) and i still have cupboards and bedrooms full of his stuff(books,clothes,diy stuff etc)
thanks

theartfullodger

Assume you are in England & renting under an AST.

Did you pay a deposit & was it protected & you told(In writing) how ??

Re. repairs etc see

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets

Re. not having an address for the Landlord: Under the "Landlord & Tenant Act 1987" Section 48 unless you have been given an address in England & Wales for you to serve paperwork on Landlord, the rent is not due.. But don't spend the rent as when LL gives you an address all the outstanding rent becomes due to be paid immediately.

He's probably breaking the law (a bit) but getting him done for it is difficult...

Is his stuff on the inventory you signed (? is there an inventory..). If his stuff ain't on the inventory he can't really demand them back.. but be sensible, getting rid of them will result in him giving you notice to quit.

Keep paying the rent as not doing so gives you problems.. Write him (to the last address you have, keep a copy) a calm & sober letter outling the issues & inviting him to let you know how he will fix them. Until he says he ain't going to it's difficult to take action. Also try contacting local council "Private lettings dept" (or similar name) as they may already "know" him and might get involved in "encouraging" him to fix things.

If you OK with this please PM me with his name, last known address & I'll see what I can find (legally...). Do you know of any other properties he rents/? If so maybe their tenants know his address.

Cheers!

Artful

tbs624

If you have no contact address for him, and he has possession at the property, it may be that he is letting this property (a) without consent from a mortgage company and (b) without declaring his rental income to HMRC.

When you let under an AST you as the T are entitled to "exclusive occupation" so the LL should not leave items of his own there without their presence being (a) noted on the invenotry and (b) agreed with you.

You can download his info from the Land Registry for 4 quid but you are may find that the address there is simply the property address. Do you get a lot of post addressed to him?

If he didn't provide an Energy Performance Certificate (EPC) the local Trading Standards Officer at the Council can prosecute and he can be fined £200. The likelihood IMO is that he will just be warned and told to get one done pronto.

Annual safety checks/certification applies to gas boilers/gas fires/gas cookers only but the LL is also required to ensure that any form of space heating is kept in good working order and that all electrical items are safe see this link