Rented House problems. HELP!!

respr6667

I am currently living in a rented new build. The house is approx one year old and it is impressive how many problems there are with it and the landlord.
We have lived in it for about seven months. The day that we were supposed to move in, the letting agent informed us that the gas flue did not meet with building regs and that we couldn't move in until it was rectified. We were told that it would be a matter of days and we were put up in another new build while the work was carried out. The work lasted for a month in which time we had all of our possessions in the house that we were supposed to be living in, not living in it and yet paying rent. In the house that we were 'dossing' in, the cooker didn't work so we had to feed our two young daughters on microwave rubbish or take aways.
When we finally managed to move into the original property we didn't receive any of the mandatory paperwork (Gas safety, energy performance, TENANTS AGREEMENT etc) although we had asked for them on a number of occasions. We finally received the tenants agreement approx one month later and the DPS paperwork two months later but nothing else.
As well as the paperwork side of things, we started to notice more and more defects in the house. A couple of joists have moved in two of the bedrooms, only half of the radiators work, water started to show from a light socket and when inspected and rectified (by myself) it was clear that the plumbers had used the wrong insert valve for the type of pipes. I could go on and on about the other problems that have been identified (electrical, bad workmanship etc) but it would take ages.
Anyway, everything has been noted down and sent (in writing) to the landlord yet nothing has been done. The properties are that bad that the letting agent relinquished the contract for them under the basis that they were to too much hassle. That alone started new problems.
When he did relinquish the contract, I asked, on a number of occasions and in writing for the details of the landlord (bank details, address, contact details etc). I received nothing for over a month and so I placed that months rent in separate bank account awaiting contact.
When the landlord did finally get in touch it turned out to be a property management company based in Jersey! At this point I re-asked for the safety paperwork (Gas, electric etc) and said that I wanted to see the Building Certificate as I had lost confidence in the legitimacy of the house. I received scanned copies of the gas, electric and insurance certificates but was told that I couldn't have the building certificates. So, I called the council. They visited, along with the same building inspector who supposedly signed off the houses. He said that they were having problems locating the LABC.
Cut a very long story short, we have had constant problems with the property that we are living in from the structure and components, to the paperwork, to the neighbours (criminal damage and theft), to getting repairs done. Everybody seems to avoid the issues and we have now had enough. We want to do things legally and properly but we have got to the point where we feel that we shouldn't pay rent until EVERYTHING is sorted out. Can anybody give us some sensible and sound advice? Thanks

clutton_2

have you had a copy of the tenancy agreement and how long is the fixed term ?

poppysarah

And when can you move out? Is it a 6 month tenancy?

theartfullodger

If the landlord has not provided you with an address in England&Wales (Channel Islands no good) for "serving notices" then the rent is not due (Section 48, Landlord & Tenant Act 1987). So in absence of that don't pay rent!

However LL only has to give an address (e.g. his mates house in Peckham) and all the outstanding rent becomes due..

tbs624

OP - you say that you have been in the property for seven months: what is the expiry date on your original Fixed Term? Is there a break clause within the contract?

Do note what Artful says above.

Don't involve yourself in the buildings certs etc - LL has a legal obligation to repair and you can follow the guidelines in Shelters "Getting Repairs Done" pdf if he fails to act. You should also seek support from the local Council's private sector housing officer.

If you have paid any rent direct to the LL you may also want to clarify with HMRC what your LLs tax status is and whether there is any requirement for you to have deducted tax from the rent and paid this over to HMRC.Link

Ultimately your best option is clearly to extricate yourself from this tenancy at the earliest possible time.

respr6667

Thanks for all of your replies so far. We are looking to move asap however we have moved a lot in the last two years and it is starting to take its toll (especially on my five year olds school work). We will be moving to a different county so we want to ensure that it is the last time that we have to move and we want to do it right. Although we will be moving and people will probably say that we should just 'deal with it' until we are out of the place, I feel that everything has been done on a whim and corners have been cut, making things (maybe) illegal. If one or two things had gone wrong with the house and the rental process then I would have just put it down to a bit of bad luck but it is on a monthly, sometimes weekly basis and it has got to the point where the house has turned into my number one hassle and is always playing on my mind.
The address for the landlord that I have received is in the channel islands and the councils private sector housing officer told us that they only deal with immediate health and safety issues (carbon monoxide, lack of adequate escape routes, stair cases too steep etc).
Surely a landlord or property management company should have an ethical code of practice to ensure that shortfalls or problems are rectified efficiently and to every body's satisfaction? Is there a governing body (apart from the local council)? Can I request an independent review of the house and its process' or is that just wishful thinking?
I've tried to keep everything unofficial and pleasant for my family's sake but I am running out of options now. Nobody seems to take any notice or they just try to brush it under the carpet.

tbs624

respr6667 wrote: »

Thanks for all of your replies so far. We are looking to move asap however we have moved a lot in the last two years and it is starting to take its toll (especially on my five year olds school work). We will be moving to a different county so we want to ensure that it is the last time that we have to move and we want to do it right. Although we will be moving and people will probably say that we should just 'deal with it' until we are out of the place, I feel that everything has been done on a whim and corners have been cut, making things (maybe) illegal. If one or two things had gone wrong with the house and the rental process then I would have just put it down to a bit of bad luck but it is on a monthly, sometimes weekly basis and it has got to the point where the house has turned into my number one hassle and is always playing on my mind.

You perhaps need to separate "real" areas of concern for you as a T and the issues of poor build/design. Some new builds *are* shoddy

respr6667 wrote: »

The address for the landlord that I have received is in the channel islands..

so look back at what Artful told you.

respr6667 wrote: »

.. and the councils private sector housing officer told us that they only deal with immediate health and safety issues (carbon monoxide, lack of adequate escape routes, stair cases too steep etc).

Read this guide to HHSRS - if you have things such as water dripping through plug sockets then its clearly a "hazard likely to cause harm" . Google some more on HHSRS - your own Council website even - and see what "hazards" in that property are likely to qualify as a real issue. Then go back to the Council with a list, if you have one .

respr6667 wrote: »

Surely a landlord or property management company should have an ethical code of practice to ensure that shortfalls or problems are rectified efficiently and to every body's satisfaction? Is there a governing body (apart from the local council)? Can I request an independent review of the house and its process' or is that just wishful thinking?

There is no offical regulatory body for the private rentals sector but, as already stated, LL has a clear statutory obligation to repair and to do so within a "reasonable" time frame. Unfortunately, some LLs will only comply with those obligations when court action is taken, either by the T or by the Council under HHSRS.

respr6667 wrote: »

I've tried to keep everything unofficial and pleasant for my family's sake but I am running out of options now. Nobody seems to take any notice or they just try to brush it under the carpet.

Have you looked at the Shelter link on repairs yet? Its obviously all stressing you out but what do you want to achieve? If you want certain repairs doing then follow the Shelter guidance and/or seek some advice from an *experienced* LL& T lawyer ( free/low cost initial interview usually possible) You could also try the Housing Section at Community Legal Advice, or Shelter's own helpline 0808 800 4444.

You have said that the accommodation is temporary so sort out any absolute repair/safety priorities and then focus on finding that new property.

Leave the LL to do battle with his builder over any inherent faults in the construction.