Urgent advice needed

Shakethedisease

The property does not have any smoke alarms, there is a plug socket hanging off the wall in the kitchen, the bathroom is leaking into the flat below us where pensioners are living and the central heating hasn't been working in about a fortnight now.

However, the landlord hasn't exactly been playing by the rules either have they ?

stephg20

Wee_Willy_Harris wrote: »

I was assuming you hadn't claimed until the copy of the tenancy agreement was supplied. Can't think why I would make such an assumption..........

we claimed again because they sent us a letter saying that because we hadn't supplied the necessary documents they assumed we didn't need it anymore but then when we went to see them they disregarded the recent claim but still said that we probably wouldn't get backpay, something to do with us not giving them the tenancy agreement in the same month rent was due. I didn't really understand him to be honest.

stephg20

Shakethedisease wrote: »

However, the landlord hasn't exactly been playing by the rules either have they ?

I know. Don't know what to do with it really, we spoke to the tennants below us who have a different landlord, they said there was a girl who used to live here, the plumbing in the flat went wrong and their bathroom started leaking and she phoned the landlord about it and he evicted her on the grounds that she probably had something to do with it.

dancingfairy

You can also get environmental health involved -I'm sure they would be interested in the state of things. Do read the Shelter guide though and start the ball rolling.
Best of Luck - what an awful situation to be in.
Also do you have your depposit protected? Do you know where it is protected and do you have an initial move in inventory?
df

princeofpounds

Repairs and rent are totally separate issues.

Re repairs, you can get environmental health involved. Make sure all problems are reported in writing to the LL promptly, preferably with proof of postage (and for heaven's sake keep a copy!).

Here is more info about repairs:
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions

Re rent, whatever happened to the tenancy agreement you owe the rent. The LL can start Section 8 proceedings to evict you when you are 2 rental payments overdue. You will only be evicted if you are still 2 rental payments overdue when you actually reach court or you are overdue on rent for a persistent period (undefined, but you will probably not be covered by this). Eviction by bailiffs would probably take place several weeks after any court hearing.

So do try to catch up.

stephg20

dancingfairy wrote: »

You can also get environmental health involved -I'm sure they would be interested in the state of things. Do read the Shelter guide though and start the ball rolling.
Best of Luck - what an awful situation to be in.
Also do you have your depposit protected? Do you know where it is protected and do you have an initial move in inventory?
df

We are checking that he has protected our deposit now but somehow I don't think he has lol. Yes we have a move in inventory.

Me and my partner are wondering now, he has spoke to his auntie who used to be a solicitor, and she said it is not safe to be living here because of the smoke alarms and such and she says if we left he could not take us to court, in fact we could claim off this. Does this sound right?

Benji

stephg20 wrote: »

so do you just think he was saying about the bailiffs to scare us?

Probably, although there is some advice here if they do try to use private bailiffs (which would be illegal) http://tenancyanswers.ucoz.com/index/illegal_eviction/0-22

and I know we were given a tenancy agreement and it was our fault we lost it but shouldn't she have given us one straight away when we asked for it again? we have waited nearly two months for it, doesn't some of the blame fall with her too?

The landlord has no obligation whatsoever to provide you with a duplicate copy of the tenancy agreement. However, this does not affect the status of your tenancy. You have a tenancy, the simple fact that you are living there and paying rent proves that, a tenancy agreement for less than 3 years does not even have to be in writing. When push comes to shove, and the issue of 'legal' eviction rears its head, the landlord will have to include a copy of the written agreement in his court paperwork - you will see it then.

Benji

stephg20 wrote: »

We are checking that he has protected our deposit now but somehow I don't think he has lol. Yes we have a move in inventory.

This page may help: http://tenancyanswers.ucoz.com/index/my_deposit_isn_t_protected/0-4

Me and my partner are wondering now, he has spoke to his auntie who used to be a solicitor, and she said it is not safe to be living here because of the smoke alarms and such and she says if we left he could not take us to court, in fact we could claim off this. Does this sound right?

Smoke alarms are not a legal requirement. The issues with regard to electricity etc may be valid reasons to breach the contract (it is an implied term in tenancy contracts that the property is habitable) but you would need proof that the property is uninhaitable. Until you provide such proof to a court the existing contract remains valid and you remain liable. Only a court can change that.

Another poster mentioed the EHO - they may be able to give you guidance on habitability with regard to the Housing Health & Safety Rating System.

RAS

stephg20 wrote: »

Me and my partner are wondering now, he has spoke to his auntie who used to be a solicitor, and she said it is not safe to be living here because of the smoke alarms and such and she says if we left he could not take us to court, in fact we could claim off this. Does this sound right?

You need to get the Environmental Health people involved urgently.

They will sort the LL out regarding his failure to provide a safe house.

Do you have a gas Safety Certificate?

stephg20

Benji wrote: »

This page may help:

Smoke alarms are not a legal requirement. The issues with regard to electricity etc may be valid reasons to breach the contract (it is an implied term in tenancy contracts that the property is habitable) but you would need proof that the property is uninhaitable. Until you provide such proof to a court the existing contract remains valid and you remain liable. Only a court can change that.

Another poster mentioed the EHO - they may be able to give you guidance on habitability with regard to the Housing Health & Safety Rating System.

What kind of proof do we need? My partner is taking photos of the leaks in the bathroom and the fact that there are no smoke alarms but how would we get proof of the central heating not working?