dodgy landlord

Werdnal

tbs624 wrote: »

The LL has to be formally classed as living at the property not simply hanging onto a storage room and continuing to get post there - if it is not the LL's main residence then the OP is not his lodger

But proof is the key! Tenant says there is furniture in the locked room ... likely a bed, wardrobe full of LL's clothing and other personal effects. LL could be elsewhere "staying" with friends, partner etc, and not declaring that as their main residence. MPs got away with it so why shouldn't he!!!!????:rotfl:

Infact T has now played right into LL's hand by borrowing money. LL now has some leverage, should the !!!! hit fan, to lean on the T and get them to vouch that LL has lived there all along. I am sure stranger things have happened!

OP what sort of agreement (if any) did you sign when you moved in?

tbs624

DVardysShadow wrote: »

What do you want out of this????? Because you seem intent on proving all sorts of irrelevant stuff, when your real problem is that you are in arrears and if you don't sort it, he could win against you fair and square in court. The issues that you raise are interesting but will not help you one little bit in court.

OP needs to confirm whether LL& T Act 1987, s47 has been complied with. LL can hardly complain if a T fails to pay the rent if not.

(1)Where any written demand is given to a tenant of premises to which this Part applies, the demand must contain the following information, namely—

(a)the name and address of the landlord, and
(b)if that address is not in England and Wales, an address in England and Wales at which notices (including notices in proceedings) may be served on the landlord by the tenant.

(2)Where—

(a)a tenant of any such premises is given such a demand, but
(b)it does not contain any information required to be contained in it by virtue of subsection (1),

then (subject to subsection (3)) any part of the amount demanded which consists of a service charge (“the relevant amount”) shall be treated for all purposes as not being due from the tenant to the landlord at any time before that information is furnished by the landlord by notice given to the tenant.

DVardysShadow wrote: »

The fact that he does not have a different address registered with the Land Registry does not prove that he does not have permission to rent.

..although the fact that the OP claims all the LL's post turns up at the property suggests that this is highly likely to be the case. Note the T says he has lived there for 3 years - LL has had plenty of time to sort his own address changes out

DVardysShadow wrote: »

I really don't see any of this going anywhere useful to you.

T presumably is seeking a write-off of monies owed to the LL. LL may well have been idiot enough to put himself in an untenable position.

T will clearly need to find new home.

BitterAndTwisted

tbs624 wrote: »

don't hold back B&T

I slightly regret that post. In as much as it appears very tempered now on refection.

I know I'm an impatient and judgemental old hag but it's a tiny bit frustrating to know that the OP appears to have spent some time doing research about ways their landlord has possibly transgressed. None of which are actual transgressions if they're not an actual tenant with a valid tenancy agreement to wave around.

That time should have been spend confirming that s/he's an actual tenant in the first place. Although I could forgive that one for being an innocent abroad. In shark-infested waters.

But to actually accept cash-folding from someone who is in a position of power over you, who has the roof over your head in his hands is truly bonkers. Or the actions of someone with no other choices.

Whatever the situation the outcome will be the same. One sooner or the other later. But probably the same amount of strife, anxiety and unhappiness. The only thing in question is the duration of same.

ikati5

It is a legal requirement that a gas safety certificate is issued for a rented property every 12 months, the landlord does not have to let you see it. If you have genuine concerns about your tenancy and risks to your health, if you call your local council they will advise you.

DVardysShadow

tbs624 wrote: »

OP needs to confirm whether LL& T Act 1987, s47 has been complied with. LL can hardly complain if a T fails to pay the rent if not.

(1)Where any written demand is given to a tenant of premises to which this Part applies, the demand must contain the following information, namely—
......

OK, LL may not win in court. Actually, I doubt he could get it to court

tbs624 wrote: »

..although the fact that the OP claims all the LL's post turns up at the property suggests that this is highly likely to be the case. Note the T says he has lived there for 3 years - LL has had plenty of time to sort his own address changes out

Oh, yes, I would agree. Except OP really cannot prove the point. And if he did, at best he would shoot himself in the foot

tbs624 wrote: »

T presumably is seeking a write-off of monies owed to the LL. LL may well have been idiot enough to put himself in an untenable position.

T will clearly need to find new home.

T and LL appear ideally matched, but it does appear that T will go to a less deserving LL and LL will get a less deserving T

para_seb

first thing let me get it straight

I am going to pay the arears, im not trying to get out of it.

Yes there was a written 12 month tenancy agreement when we moved in (it has the addresss on it)

I could do a land registry check on his other address. (I cant see how this could be his only registered property as he has his main residence plus ours, plus about another five he rents out)

As for the loan, He "seems" a friendly guy and I was just casually talking to him about getting a loan and the huge apr levels I was seeing and he offered to lend me the money at a lower apr, so thinking he was being friendly and helpfull I said yes. There is kind of a written agreement for the loan but its more of a summary than an actual agreement.

I am looking for somewhere else to live. Im not trying to get out of paying anything, he loaned me the money so I will pay him back and continue to do so if/when I move out.

I just wanted confirmation of the laws he is breaking (I guess I am in a bit of denial, he seems such a nice guy, hard working family man. It almost seems unbelievable that he is commiting all these offences..if he is)

So, having 6 properties he rents out you would think he knows all the laws and legislations.

He is either a very clever criminal, or a very dumb genuine guy.

Werdnal

para_seb wrote: »

He is either a very clever criminal, or a very dumb genuine guy.

In my experience, LLs can be either or both ... depending on who is asking .

I would assume, if he has that many other properties, he is well versed in how to work the system, and you can jump up and down and report him to whoever you want to, but the result will ultimately be the same (as you have already been advised), that notice and eviction will follow. I don't condone his lax attitude to the rules, and he deserves to be shopped, but what will you gain? Satisfaction perhaps? But I would just pay up and get out asap!

tbs624

ikati5 wrote: »

It is a legal requirement that a gas safety certificate is issued for a rented property every 12 months, the landlord does not have to let you see it. If you have genuine concerns about your tenancy and risks to your health, if you call your local council they will advise you.

This is incorrect - the clue is that when a safety cert gets issued there are copies labelled "T copy" and "LL copy". LL is obliged to provide T with copy before moving into property and once T is in situ and any future annual check is completed LL must provide T with copy within 28 days of the check.

If this poster is a LL themselves they need to do some reading over at HSE

Scotchnan

You're either a tenant or not.
If you have a tenancy agreement then I'd suggest you were a tenant.

Ring shelter.

But if you owe money then pay it back.
The other stuff needs sorting ... Up to you whether you make a big fuss or not. Depends whether you like living there or not.

DVardysShadow

para_seb wrote: »

I am looking for somewhere else to live. Im not trying to get out of paying anything, he loaned me the money so I will pay him back and continue to do so if/when I move out.

He is either a very clever criminal, or a very dumb genuine guy.

Your action plan above is adequate for the situation. He is not a clever criminal nor is he a genuine guy. He is just a clueless dumb Landlord