Urgent advice needed

stephg20

RAS wrote: »

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?

Can we get them involved and then leave?

I don't feel safe living here at all, what happens if the flat below us have a fire and it spreads to our flat in the middle of the night? There are no smoke alarms so we might not even know

And i don't think we do no.

RAS

Go down to the local fire station and they may have a free smoke detector.

dancingfairy

To be honest unless it's an HMO (where the rules are different) I don't believe you have to have one. However for the sake of 5 -10 pounds I'd buy one myself.
The other safety issues - water pouring down the wall and the potentially dodgy electric you will need to get your EH involved or Shelter.
You could potentially move out and pay rent elsewhere while the issues are being fixed but you would still owe the landlord rent unless proper procedures have been followed - ie the Shelter enforcing repairs or Environmental Health. Then you MAY be able to withold rent but you need specialist advice or you could find yourself with a CCJ to your name and having to pay for the whole terms rent - ie a year or whatever you signed up to. Tread carefully. No it's not fair at all but you have to follow the rules. Your landlord sounds awful.
df

stephg20

dancingfairy wrote: »

To be honest unless it's an HMO (where the rules are different) I don't believe you have to have one. However for the sake of 5 -10 pounds I'd buy one myself.
The other safety issues - water pouring down the wall and the potentially dodgy electric you will need to get your EH involved or Shelter.
You could potentially move out and pay rent elsewhere while the issues are being fixed but you would still owe the landlord rent unless proper procedures have been followed - ie the Shelter enforcing repairs or Environmental Health. Then you MAY be able to withold rent but you need specialist advice or you could find yourself with a CCJ to your name and having to pay for the whole terms rent - ie a year or whatever you signed up to. Tread carefully. No it's not fair at all but you have to follow the rules. Your landlord sounds awful.
df

We signed up to 6 months and we're in the 3rd month now, we have just rang the environmental health and they're sending someone round, if it is that bad will they tell us to leave?

To be honest I don't fancy telling environmental health about this, them telling the landlord about it and then the landlord coming round while i'm on my own because I've heard hes not one to be messed with

dancingfairy

Firstly find out what Environmental Health say. If they say it is life threateningly dangerous then I would assume you would have to move out - in which case you wouldn't be there when the Landlord came around to do the work.
If the work is less urgent perhaps you can arrange something with the Landlord as to a convenient time?
I'm not sure how Environmental Health works - pehaps they will write to you and you can approach the landlord when you have someone else with you - a partner perhaps?
Perhaps you can speak to them about the issue see what they say regarding his obligations etc.
The landlord is not going to be best pleased but he can't exactly turn up and beat you up. IF he does turn up and you feel threatened you should of course call the police.
Best of Luck
df

Phelpsie001

I really feel for you =(

Please try to find the tennancy agreement?? It MUST be there somewhere? From what you say, you have grounds to break the agreement. However you are legally obliged to pay the rent due.... If I were you, I'd pay up....find the agreement....find a reason to move and get out of there.

stephg20

Phelpsie001 wrote: »

I really feel for you =(

Please try to find the tennancy agreement?? It MUST be there somewhere? From what you say, you have grounds to break the agreement. However you are legally obliged to pay the rent due.... If I were you, I'd pay up....find the agreement....find a reason to move and get out of there.

so we'd have to pay the rest of the rent in the 6 month tenancyy agreement?

to be honest i'm wondering what the worst he could do if we just left because i've read he can only sue us and stuff if he takes us to court and i doubt he'll do that because of the state of the flat, i dont know.

dancingfairy

Hmmm it's a risk for sure. Only you know whether he will or will not pursue it through the courts. The problem is though if you move and he takes you to court and he doesn't have your new address how will you know about court? You could end up with a CCJ and not know.
Best of Luck getting it sorted.
df

stephg20

dancingfairy wrote: »

Hmmm it's a risk for sure. Only you know whether he will or will not pursue it through the courts. The problem is though if you move and he takes you to court and he doesn't have your new address how will you know about court? You could end up with a CCJ and not know.
Best of Luck getting it sorted.
df

How bad is a CCJ?

In your opinion do you think he'll take us to court over three months rent which is £1200, he already has £400 deposit off us that we know he isn't gonna give us that back. I don't think he'll risk it because of the state of the flat but I don't know.

And if we do do a runner and he goes to the courts will we be able to rent another house/flat or even get a mortgage or anything?

stephg20

the landlords just rang my partner and asked us how we're getting on with the housing benefit, we said its going to be another four weeks til its all processed so the landlords said hes ringing his solicitor tomorow and then the police will get involved.

I don't know if hes telling the truth or not