Daughters renting nightmare.

tarajayne

This has been going on all week and I don't know how to help. DD and her OH rented a bungalow 6 weeks ago at £750 month. Beginning last week they noticed mould so notified EA who said it happens. By Friday it had spread rapidly, also water coming down the bedroom wall from the roof. Back to EA who fobbed them off saying he'd contact LL. DD has a 20mth old who was prem and has weak lungs due to pneumonia, she'd been needing her inhaler for the last fortnight but we'd put it down to a change in the weather, she's also just developed dermatitis severely over her head, doctor said he thinks all this probably brought on by the damp.

Anyway Tuesday EA contacted them saying LL informed them bungalow was on a spring that he had capped before the summer. And he'd had dehumidifiers in there all summer drying it out. DD had Environmental Health in today who say it's uninhabitable, oh and they had already been to the bungalow when the last tenant had to be moved, in his words, 'the bungalow was green inside'.:eek:

They have been sleeping on someone's floor this week, but need to go today. Council said they could help, but then spoke to EA who said they would rehouse them so council then said no, council also told them LL's insurance should cover a hotel room this weekend. EA says no to insurance, and has offered them a 2 bed 2nd floor flat from mid week next week for 3 months, and he 'kindly' offered to half the £120 admin fee as a favour. They will have to pay again to redirect post, Sky will want to charge to move dish, and van hire, and then they need to do it all again in 3 months. Not to mention all the curtains and poles they have just bought and put up. Also, what are they supposed to do with their shed, garden toys, bikes, fishing gear, BBQ, table and chairs from outside?

Sorry, bit of a garbled post, I'm a little :mad:

BitterAndTwisted

They need to tell the LL that a 2 bed 2nd floor flat from mid week next week for 3 months is completely inadequate. If the landlord doesn't have adequate insurance for them to be rehoused elsewhere or put into a hotel then he will need to cover it himself.

Your family need to find another rental asap with the the LL funding their removal costs.

Presumably the EH have put their finding of the property "uninhabitable" in writing.

tarajayne

The EA have emailed the EA a certificate, he denied getting it. What makes it harder is her OH failed the credit check, so FIL had to be guarantor. EA knows this so keeps mentioning that they can't go elsewhere. It cost them £550 in EA fees to move in there, so they are all out of cash.

princeofpounds

Nasty situation. Understand the anger, but do try to be clear. Although the general situation is quite clear, just remember that the details can be important.

Firstly I must point her in the direction Shelter, who are the expert charity on housing and homelessness matters. They should be able to tell her exactly what her rights are, especially with regards to council assistance. They should bear in mind that councils do get decisions wrong, and whilst a genuine offer of 'rehousing' by the LL (whether effected through him or the LA acting on his behalf) does remove the council's duty to help, it would appear that the offer received is not a genuine offer of rehousing but being used by the LA to move them into another tenancy. So they might be able to appeal to the council on this basis.

Council assistance is separate however to the situation with the tenancy. There are two possibilities here. The first is that the landlord is responsible for providing alternative suitable accommodation, as in any situation where disrepair forces tenants out. If he does not, then he leaves himself open to being sued for any costs involved in providing that accommodation (so keep receipts!). The second possibility is that the tenancy is frustrated, and it therefore ends. For example, if there is a fire and the house no longer exists, then the tenanct cannot exist. The flooding here sounds serious so there is a chance it falls into this category, although I suspect not.

I would advise she writes and hand-delivers to the landlord a letter stating that the environmental health have condemned the property as uninhabitable, that as landlord he is responsible for providing suitable alternative accomodation until repairs are made, and that if he does not legal advice may be sought to pursue him for any costs incurred and damages. He may well want to end the tenancy, but can only do this by serving notice as normal (which will take ages) or with her agreement, so she might be able to say 'I will release you from the tenancy if you pay my moving and agent costs', but she must get it in writing if anything like that is agreed. Shelter can probably advise on the details of what to write, but basically you are seeking to remind him of his obligations whilst preserving the option to negotiate a different settlement that may provide a cleaner break.

In the meantime you should gather evidence about the uninhabitable nature of the property - a few photos and any envionmental health report would be helpful, as this should assist you in either pursuing the landlord legally or pursuing the council (for an appeal or through the ombudsman).

princeofpounds

The EA have emailed the EA a certificate, he denied getting it. What makes it harder is her OH failed the credit check, so FIL had to be guarantor. EA knows this so keeps mentioning that they can't go elsewhere. It cost them £550 in EA fees to move in there, so they are all out of cash.

Assume you mean EH emailed EA. What you have to understand is that this needs to be addressed to the landlord, NOT the LA. Whilst the LA works for the LL and can say and do things for them, the LL has responsibilities and you will eventually be pursuing him, not the LA, to meet up for them. Often LAs do not realise (or try to forget) the obligations of the LL they service in order to pursue their own advantage (like palming her off into another property for another fee).

tarajayne

Shelter can't help, he earns £35k so too high.

G_M

Get everything in writing.
And the person to be writing to is the landlord (at the address on the tenancy agreement). By all means send copies to the agent.

Get written confirmation from Environmental Health. I would want that proof in mu hand from them, either wriiten to me (sorry - DD) or a copy of the letter they send the landlord. Insist on written confirmation. You'll need it in any dispute.

WRITE to the LL requiring him to re-house in appropriate accomodation, at no cost. The tenants are paying rent so should be given a property to live in. This property cannot be lived in, so another must be provided. Asking for extra fees is inappropriate. Whether the LL has insurance or not is his problem, not the tenant's. The LL has an obligation to re-house. So that is what the letter must say. Ask also that it be arranged as a matter of urgency ie within 2 days. After that you will move into a local hotel and send him the bill, followed (if the bill is not paid) by legal action.

Stop chatting on the phone to the agents and start getting firm, and formal.

BitterAndTwisted

Access to Shelter's advice is means-tested now? Are you sure?

tarajayne

But we don't know who the LL is?

Will check agreement. Shelter said they couldn't help.

princeofpounds

Shelter can't help, he earns £35k so too high.

??? Shelter is a free charity? Are you confusing it with legal aid?

But we don't know who the LL is?

The LL's name and address should be on the front page of the tenancy agreement. If not, the LL cannot force the collection of rent, amongst other things. What does it say?

Oh, and do what G_M said. It was a more concise explanation of what I was trying to get across.

tarajayne

G_M wrote: »

Stop chatting on the phone to the agents and start getting firm, and formal.

Good advice. :cool:

I'm on it, job tonight, formal letter. I will address to LL.