Advice needed - Cowboy landlord

bartman81

Hi.
We are having problems with our landlord and any advice would be much appreciated.
We moved into the property in may 09 and signed an assured shorthold tenancy for 12 months.
Since then we have had various problems with repairs not being done within a reasonable time, (we waited 7 months for a leaking roof to be fixed), but we have kept quiet as the landlord has been fairly easy going with regards to rent arrears. (Though we have never had a rentbook)
However, we have now had no central heating for the last 2 weeks due to a boiler problem. The LL has twice told us that an engineer has been booked but has failed to show on both occasions.
We have also not had a gas service since we moved in.
We have now discovered that our tenancy deposit has not been protected in any of the three government approved schemes.

Just wondered if anyone could clarify where we stand on any or all of these issues.

Thanks

lynzpower

Hi there

You do have some options:

Option 1) Find somewhere new to live

If thats not possible then you could

Option 2) Telephone your local Environmental Health - Housing team- who should be able to a) advise b) possibly take action.

However, the problem with this is that you are not tied into a tenancy: your landlord could issue you with notice if you are out of contract.

The lack of gas service is an issue that EHO will deal with.

Could you try again to ask the landlord to organise the engineers arrival, and ask about when the gas cert will be done, as you are worried.

If you get no joy you can shift it up a gear to environmental health.

RAS

Assuming you are in England or Wales?

It is to your benefit to get the deposit protected.

Write to the LL and ask in which scheme he has put your deposit and remind him that failure to do this incurs a penalty 3 times the deposit (now pretty toothless as he can regsiter it any time up to the court date and avoid the penalty but..)

ASk for the new gas safety certificate and list the problems with the central heating and ask for urgent repair.

you will probably get an S21 in exchange but at least you will get the deposit back.

You do not need a rent book unless you pay weekly.

Benji

Repairs: if repairs seem to be taking an inordinate length of time, see here: http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/tenants_doing_repairs
In essence, it is a legally sound process to do the repairs yourself and deduct from rent.

Rentbook: unless you are due to pay rent weekly, a rent book is not a legal requirement.

Gas Service: Again, not a legal obligation - but what is necessary is that the gas appliances are checked for safety every 12 months. See here: http://www.hse.gov.uk/GAS/domestic/faqtenant.htm

Deposit: There is further information and advice regarding your deposit here: http://tenancyanswers.ucoz.com/index/my_deposit_isn_t_protected/0-4

Current Boiler Breakdown: Landlord has an obligation to maintain the supply of heating and hot water under section 11 of the 1985 Landlord and Tenant Act. Ask him to provide a viable alternative way of heating water (he can probably rent something) or agree a rent reduction. If neither, talk to the Environmental Health Officer at your local council - they may e able to give him a gentle kick - ultimately they have the power to fix it themselves and bill the landlord.


All the above will explain your rights, and we should all stand up for our rights. Unfortunately, your landlord is unlikely to renew your tenancy if you 'rock the boat'. It isn't fair, but it is true.

Yorkie1

Are you in England / Wales?

Do you pay monthly? Was your initial tenancy renewed or has it just carried on since the 12 months expired in May 10?

The LL has an obligation to protect the deposit. There is legislation allowing you to sue him in the county court for a penalty of 3x deposit but that's frankly toothless as a result of recent court judgments.

The LL also has an obligation to have a gas safety certificate in place and you should have been given a copy of it. He is liable to prosecution by the HSE (I think) for non-compliance. And he has a duty to keep the heating in good working order.

I would write to the LL (keep a copy of certificate of posting), setting out the facts unemotionally (when it broke, when you reported it to him, the dates on which the engineers failed to show up) and ask for it to be rectified within the next 7 days (or other timescale you choose).

Also in the letter ask him to provide confirmation of the deposit scheme your deposit is registered with, as you do not appear to have received it at any time... and finally note that you haven't received a copy of the gas safety certificate and ask him to forward the tenant's copy too.

If he doesn't respond to your formal letter there are things you can do but it's always best to get things formally in writing first.

bartman81

We have contacted the local council who are sending an inspector out next week
With regards to the rent book issue, we pay monthly but it has always been in cash.
And on the deposit issue, we have considered the county court route as we have proof that it is not protected, but we were unaware of the LL being able to protect it up to the court date. So what happens if we were just to go to the court without asking the LL as we found the proof elsewhere.
???

bartman81

On the boiler issue we have hot water but no heating, and with the weather as miserable as it is at the minute and having a pregnant fiancee and 2 young kids in a dormer cottage, we could do with some heat.

Thanks to everyone for the advice so far. Very useful. :T

Eton_Rifle

if you're going straight to the council (after only 2 weeks) and to the courts for deposit compensation without speaking to you landlord first, I'd start looking for somewhere else to live right now because he's almost certainly going to give you your notice. You haven't even been model tenants.
You call him a cowboy but it looks like you're one of indians!

If I were in your shoes, a less than perfect tenant with a pregnant wife, I'd be trying to work with the landlord, not against him. Look after your own safety and get this sorted but don't cut off your nose to spite your face.

G_M

1) get and keep your rent up to date

2) write to your LL (have you been writing?) listing the issues (deposit, repairs etc).

3) give him time opportunity to rectify.

4) then start thinking about Environmental Health, the courts etc.

Rent book is only required if you pay weekly (not that I've ever understood why!). You have been getting receipts for the cash though, haven't you? (LLs who take cash these days tend to be failing to declare the income to HMRC.....)

bartman81

Only 2 weeks? Only? Lmao!!! How about you try keeping warm in a draughty house with no heating. He has had plenty of chances to sort it out and still we are getting nowhere. We merely made enquiries with the council who offered to send someone round and advised us that heating issues have to be addressed within 2 days.
Some people need to read the full post before commenting. I'm pretty sure you would be getting a little annoyed by now.
Wish I hadn't asked now.

Yorkie1

I don't think the council is correct in saying heating issues must be addressed within 2 days. The timescale is one of reasonableness. That might be 2 days in some situations, less in others and longer in others.