Help! House renting/landlord problems, advice needed

radnelac

I've recently separated from my husband and moved to a new city where I started renting a house by myself, with a view to getting a housemate to help with the rent once I've settled in. It's a private let and I'm in England, by the way. The landlady was helpful at first but after I moved in some problems became apparent.

Firstly she did not provide the tenancy agreement for me to sign when I moved in, as promised - it has now been over a month and although she keeps saying she will post it, it has not arrived. I am worried about where this leaves me with regards my rights as a tenant.

Secondly, she fobbed me off when I asked if my deposit would be put in a protection scheme. I am 99% sure that she has not protected my deposit.

Thirdly, there is no gas safety certificate. The landlady claims there is one for the property, but it is at her other house. Obviously this sets alarm bells ringing! She lives at the other end of the country and says she will get it for me next time she is up here. She doesn't seem that bothered about doing things by the book.

Oh and as if that's not enough, I have downloaded the property register details and it looks like she's registered at this address, so may not have consent to let from her mortgage lender. I have yet to contact the local authority and ask if she is registered as a landlord with them, but I think I can guess what the answer will be...

Anyway, there is also a variety of maintenance issues as follows:

• Boiler extremely old, have to practically take it apart to re-light the pilot light (using lighter or match), doesn't make water very hot, central heating comes on when hot water is turned on (central heating control is turned off, obviously)
• Cooker was replaced before I moved in but is second hand, caked with grime and oven is difficult to light without getting burnt
• Kitchen in poor state of repair, cupboard veneers peeling, charred worksurface, bottoms of units coming apart
• Cupboard doors hanging off - one to the extent that the cupboard is unusable
• Leak in cupboard under sink making cupboard unusable
• Dishwasher not working at all
• Damp on bathroom walls, in cupboards etc
• Back door coming off hinges, no lock (n.b. this is the outer door of the porch. The inner door has two locks and seems quite secure so it is only the inside of the porch which is not secured)
• Some windows don't open at all due to being grown over with ivy
• Leaking overflow pipe coming out of the roof

Obviously I should have noticed more of these maintenance issues when I initially viewed the property, but cosmetically it looks OK, it's just when you inspect more thoroughly/try to actually use appliances etc that they become apparent. And when I viewed the property it was still occupied, so I felt weird about poking around someone else's house too thoroughly.

I have asked the landlady to fix the maintenance issues and she has either sent someone round who was not qualified to fix the issues, or has told me to get them fixed myself and then send her the bill.

I have probably been terribly naive and stupid, renting this place without proper checks, but I was going through an extremely tough time, needed to find somewhere pretty fast and it seemed to fit with my requirements. I have rented lots of other places before and have never really had any problems.

So I guess my questions are: what should I do? I am totally lost, alone and overwhelmed by it all. I am also pretty much broke, from the expense of paying the deposit + rent, and moving house etc. I can afford to pay the next instalment of rent (it is due tomorrow), but I am disinclined to because of all these problems.

What are my rights, and what should my course of action be? Ideally I would love to find a better place to live and move out ASAP, but this seems impossible due to my financial situation.

Thanks in advance, your help is greatly appreciated.

G_M

radnelac wrote: »

....It's a private let and I'm in England, by the way.

Firstly she did not provide the tenancy agreement for me to sign when I moved in, as promised - it has now been over a month and although she keeps saying she will post it, it has not arrived. I am worried about where this leaves me with regards my rights as a tenant. She's given you access and a key, you've paid her rent - you have a tenancy. Just a simple verbal one with none of the clauses which mostly are there to protect the landlord! You have got receipts for all payments made, or electronic bank tracking???

Secondly, she fobbed me off when I asked if my deposit would be put in a protection scheme. I am 99% sure that she has not protected my deposit. Check each of the 3 schemes yourself here. If not, WRITE, quoting the Housing Act 2004, and ask confirmation of the scheme selected within 7 days.

Thirdly, there is no gas safety certificate.WRITE ......

Oh and as if that's not enough, I have downloaded the property register details and it looks like she's registered at this address, so may not have consent to let from her mortgage lender.not illegal and not much you can do I have yet to contact the local authority and ask if she is registered as a landlord with them, but I think I can guess what the answer will be... This is England. No requirement to register as in Scotland.

Anyway, there is also a variety of maintenance issues as follows:

• Boiler extremely old, have to practically take it apart to re-light the pilot light (using lighter or match), doesn't make water very hot, central heating comes on when hot water is turned on (central heating control is turned off, obviously)WRITE. However, if it works and there's a GSC (see above) not much more....
• Cooker was replaced before I moved in but is second hand, caked with grime and oven is difficult to light without getting burnt
• Kitchen in poor state of repair, cupboard veneers peeling, charred worksurface, bottoms of units coming apart
• Cupboard doors hanging off - one to the extent that the cupboard is unusable
• Leak in cupboard under sink making cupboard unusable
• Dishwasher not working at all
• Damp on bathroom walls, in cupboards etc
• Back door coming off hinges, no lock (n.b. this is the outer door of the porch. The inner door has two locks and seems quite secure so it is only the inside of the porch which is not secured)
• Some windows don't open at all due to being grown over with ivy
• Leaking overflow pipe coming out of the roof

....
I have asked the landlady to fix the maintenance issues in writing?and she has either sent someone round who was not qualified to fix the issues, or has told me to get them fixed myself and then send her the bill.Are you willing to do this? If so, get her to confirm in writing before you do.

Is there a check-in inventory and did you sign it? If not, don't worry - that's more a problem for the LL than for you.
If there is, does it accurately describe the state of the property including the issues you list? Have you signed? DON'T unless you amend it with all the issues.

As indicated above, put everything in writing A nice, concise polite but firm letter with one paragraph per topic:
Ask about the deposit.
Ask about the gas safety certificate
List the repairs you need doing

Ask for a response within ... 5? days.

Oh, and take photos!

radnelac

Thanks very much for your response. I am currently drafting up a letter to send to my landlady.

You asked if I was willing to get the repairs done myself and then bill the landlady - I am, but could only afford to do so by taking it out of the money I have set aside for rent. Am I within my rights to do this? I have read about getting three quotes and going for the cheapest etc, but I don't really have time to get all these different tradesmen round to look at what needs to be done. I have already taken time off work to deal with some of the problems, and can't afford to take any more off.

Werdnal

NEVER withhold rent. However annoyed or upset you are with the state of the property, do not give your LL any recourse for a counterclaim or eviction proceedings against you.

She may be new to this and ignorant, she may be an old hand and stringing you along - for now, give her the benefit of the doubt that its the former.

As GM suggests, write a concise letter, requesting confirmation of the deposit scheme and a copy of the gas safety cert, reminding her that these are legal requirements.

Then list the repairs as you have in your OP, and request her response in (I would suggest) 7 working days, as to how she plans to rectify these issues. Sadly I do not think anything except the Gas Safety cert confirming the condition of the boiler, are health and safety issues, so I doubt Environmental Health will be much help if you approached them.

If you want to go down the route of getting this work done yourself, you must get the LL's confirmation that she will accept the costs IN WRITING, otherwise she will just fob you off with a verbal agreement and then deny it when the bills arrive. If she lives away from the area, she may consent to you getting someone in to do the work and you could offer to do this, but ask for her written approval for everything - get quotes and send them to her before you commit to any work being done!

princeofpounds

The advice above is all good.

You DO have a tenancy, it is established simply by taking occupation and having rent accepted. It is a 6 month statutory AST. Keep receipts.

Your deposit should be protected. There are only 3 schemes. Contact them all to check. If not, write to request deposit protection details and point out it is required by law. Stage 3 here is to threaten legal action to recover the deposit and impose a 3x penalty. Unlikely you will get it but should force action.

The LL should provide a gas safety certificate. Get yourself a carbon monoxide sensor in the interim. Again, write to say it is a legal obligation. Stage 2 is to call in council environmental health.

Not having consent to let could be a pain if she is repossessed, but it is not as bad as it used to be - if she does, you should attend the court hearing (you should receive a letter) to request a 2 month extension which you have to be given. The law changed recently. Don't pay too much rent in advance is the main thing, otherwise it does not affect you.

Registration in England is only required from some HMOs in certain local authorities. Does not apply here.

Finally on the repair issues. Complain in writing straight away. This covers your back in case she tries to put responsibility onto you (and your deposit).

If she does nothing you do have a remedy - google Lee Parker vs Izzet 1971. You are allowed to do repairs yourself and deduct from future rent (NOT withold rent). You need to follow a strict process:

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

If she gives you written permission then that is even easier. Make sure you get and keep a variety of quotes too.

Alternatively for issues that might be hazards (in very general terms, like cold, damp, electricity, gas - google housing health and safety rating system) you can call in environmental health to inspect and issue repairing orders.

So everything you face you have the tools to deal with, although it might take some work. Don't worry.

The other big advantage you have is that you don't mind leaving, so you can always use the legal levers you have to negotiate exit terms (get in writing!), receive your whole deposit back (maybe even early), get a reference and find a new place. If the LL doesn't want to face court or Environmental Health then you have a big stick to beat her with.