Do I have a leg to stand on?

Lix

Hello all, writing for some help please...

I have been renting my house for over a year. Before I agreed to the tenancy, my landlord promised he would fix some problems (big problems) with the house.

Since he did not fix the problems, the problems have spiralled and environmental health have produced a 5 page report on the issues which need fixing to make it suitable for people again as it is currently "uninhabitable" - as declared by Env. Health. (I don't wan't to leave as I like my neighbours and the neighbourhood is good with no alternative accomodation nearby. I would like to work through this with my LL).

Over the course of the year, I have missed payments on my rent. I did not pay because I discussed with my LL payments post repair.

LL and his wife have visited unannounced on numerous occasions and on one occasion, becoming quite forcefull, making me handover cash on the doorstep.

He is now taking me to court for my unpaid rent and interest. I totally understand that he has a right to do this but I have been left in unacceptable conditions for too long and genuinely don't feel I should have to pay to stay somewhere in such appalling condition.

Do I have a leg to stand on?

Thanks for any help/advice in advance

G_M

If the property has been declared 'uninhabitable' by EH, then the LL should provide you with somewhere else to live while repairs are undertaken (you need to keep paying rent while this happens).

Having said that, your obligation to pay rent is defined by your tenancy agreement, so you cannot get out of that unless you and the LL jointly agree to end the tenancy and/or disregard the rent arrears.

This 'joint agreement' is the best solution - always try to reach agreement rather than go to court.

I would use the threat of demanding he re-house you as a way to force him to withdraw the court action and ignore the arrears.

If this does not work
1) put in a defence to his claim, showing the EH report - this probobly won't work though. However also counter-claim against HIM for compensation due to the problems. As you do not specify the problems, or the reasons for the EH report, it is hard to advise how much your 'losses' are.
2) Write to the LL demanding re-housing.
3) contact EH and/or the private tenants Officer at the council for support getting 2) above

ps - what contract do your have? Are you in a Fixed Term? If not, you are vulnerable to receiving 2 months notice (S21) or less depending on the extent of the arrears.

Taiko

Also, surely name and shame? If this is their attitude, I think most would probably agree that others should be warned so as to maybe think twice before making a decision on whether or not to rent from this couple.

Lix

Thank you so much for your replies.

I have told EH that I do not want to be rehoused and am happy with remaining in the house while the repairs are undertaken. I do really love living there and don't want to be moved in fear that I can't move back.

The problems include front door doesn't fit allowing draught in and unsafe, unsafe lintls, no insulation, improper/uneven/unsafe flooring, unsafe exterior staris, unsafe interior stairs, missing balustrade on the stairs making it unsafe, no damp proof course, no door on the kitchen, no splash back in the kitchen, no functioning central heating system, no mechanical extractor in the kitchen or bathroom, no guttering, no hot water facilities, single glazed windows which let draughts in and improperly fit double glazing which has gaps all round the edge, a broken window, whole exterior needs re pointing.

Basically has resulted in me having few health complaints. I have had a nasty infection in my foot which has required 2 lots of surgery and copious amounts of anti-biotics. The cold and damp have worsened my arthritis and I have had chest complaints through the winter, forcing me to use an inhaler. Fortuntely, I have been able to spend the very cold times with family.

I have an assured short term. I have been told though that as he has not put my deposit in a bond scheme, he cannot evict me. Obviously, I don't know how reliable this is, although, he hasn't evicted me yet.

You have been a massive help so far, many thanks

G_M

Repares that extensive will make living there near impossible. Either you will suffer horendous disruption, noise, dust and danger, or the work will not be done fully/properly.

I'm amazed you want to continue living there. Esp as you are getting health issues as a result.

What is the 'Term' of your tenancy? 6 months? 12? Starting/ending when?

You are right (assuming you are in England and your tenancy started after 2007) that until he puts the deposit in a scheme he cannot issue a S21 Notice so cannot go to court for possession.

may_fair

G_M wrote: »

You are right (assuming you are in England and your tenancy started after 2007) that until he puts the deposit in a scheme he cannot issue a S21 Notice so cannot go to court for possession.

However, OP says he has missed rent payments, so LL can serve a s.8 notice and apply for possession on the grounds of unpaid rent.

may_fair

Lix wrote: »

LL and his wife have visited unannounced on numerous occasions and on one occasion, becoming quite forcefull, making me handover cash on the doorstep.

Report this behaviour to the Tenancy Relations Officer at the local council. Whilst it is not in itself unlawful to demand rent, this sounds like borderline harassment.

He is now taking me to court for my unpaid rent and interest. I totally understand that he has a right to do this but I have been left in unacceptable conditions for too long and genuinely don't feel I should have to pay to stay somewhere in such appalling condition.

Do I have a leg to stand on?

Yes, you do. But you will need to counterclaim for damages for the disrepair, (which, if awarded to you, would be set against any unpaid rent). However, disrepair claims are fairly complex, may not be allocated to the small claims track, and you need to get legal advice - do not attempt to DIY. You may be entitled to legal aid, or try Shelter or CAB or a Law Centre for assistance.

See this link for examples of sums awarded in disrepair claims:
http://nearlylegal.co.uk/blog/2011/01/catching-up-with-2010-part-1-disrepair/