Advice needed - Cowboy landlord

Eton_Rifle

bartman81 wrote: »

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.

Sorry, didn't mean to make you feel bad! I just wanted you to act in your best interests and see the bigger picture.

Edit - The reason I think you should work with your landlord is because you aren't in a great position right now. You need to be settled in a home before the baby is born and you have a poor record for paying the rent. Are there any more skeletons in your financial closet that won't look too good on a credit report?

Soon you're going to be desparate for a home and you're quite possibly not going to be another landlord's first choice of tenant. This isn't a good hand to be playing with. You should seriously consider working with what you've got and following calm procedure rather than taking risks by antagonising the landlord.

By the way, I brought up my family of five in a large stone 14th century house with no central heating at all, it was like living in a church. i do therefore find it rather amusing that you can't even cope in a little cottage for two weeks in August! It doesn't make you wrong, it's just funny!

G_M

Have you reported the heating problem to the landlord in writing?

2 days is not a magic timescale. In fact I doubt any court would consider that reasonable. The test is, indeed, what is 'reasonable' (come on, it may be draughty but it's really not that cold right now!)

You need to find out what has gone on. If the LL has done what he can, and it sounds like he's twice organised engineers, and been let down by his contractors, that's not his fault. It happens to all of us, tenants, home-owners, whoever. Let's face it, contractors can be a pain.

If, on the other hand, the LL has done nothing, then you have a valid complaint. Ring and find out, and follow up with a letter. Always.

may_fair

bartman81 wrote: »

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)...

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

One issue which hasn't been fully addressed in this thread is your rent arrears. If there is at least two months' owing and unpaid, then the LL can serve a s.8 notice citing the mandatory ground 8, and can apply for possession 14 days later.

Loretta

RAS wrote: »

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.

S21 would not be valid if deposit is not in a scheme

Loretta

Yorkie1 wrote: »

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.

I am not positive but I don't think a landlord is obliged to provide heating although hot water is a legal requirement. If you are short of money it really is not necessary to be putting the heating on now, perhaps you could save this money towards any rent arrears. Being pregnant keeps you warm! or put on a jumper

Loretta

may_fair wrote: »

One issue which hasn't been fully addressed in this thread is your rent arrears. If there is at least two months' owing and unpaid, then the LL can serve a s.8 notice citing the mandatory ground 8, and can apply for possession 14 days later.

He can't if the deposit is not in a scheme

bartman81

Ok. Having taken all of this into account, we are going to let the deposit issue slide as it seems like it will leave us with a card up our sleeve if he does get awkward about the boiler issue, which we will be pursuing further as, even though it is August, it has been bloody cold during the night in our neck of the woods lately.
As for the arrears, we have been paying our rent on time and in full for ages now and paying extra towards the arrears an are now only 2 weeks behind and that will be cleared this month.
On the heating issue, if there is no central heating system installed then he does not have to provide one, but where there is one he has a duty to maintain it.
Thanks again.

RAS

bartman81 wrote: »

, we pay monthly but it has always been in cash.

DO you have signed receipts for the cash payments? Otherwise stop doing this immediately and pay be cheque or SO.

jamie11

Loretta wrote: »

He can't if the deposit is not in a scheme

Yes he can. The legislation to do with deposit protection only applies to the use of a S21. S8 can be served anytime if the conditions apply.