Complicated renting situation

Gallstones

Hi all there are a couple of issues here so I'm hoping someone with experience will help me. I'll try and keep it as brief as possible.

1. In January 2011 we moved into a four bedroomed rented property with a rent of 550pcm. Me, my husband and 4 kids.

2. At the time of moving in my husband was employed, he is now self employed but we don't make any profit

Problem One When we moved in we noticed a couple of things wrong with the house. There was a crack on one of the upstairs windows, the double glazing had failed, and due to a bodged rewire there is only 1 plug socket available in each of the reception rooms, which means we overload sockets with extensions. We asked for the cracked window to be replaced and the disconnected plug sockets to be reconnected and the LL via letting agent said no. We offered to contribute towards the costs, the LL still said no. It took three months to get through this process.

Since then, the electric fire in the front room has stopped working. We got in touch with the LA and asked for it to be fixed. We have been asking this for 7 weeks now and its still not fixed. We don't think they will fix it for us, which means we've had to have the central heating on all the time to keep the baby warm.

Problem two we have decided for personal reasons to move out of the property. when we originally signed up it was a six month shorthold tenancy. Then last summer we signed up for another 12 months which I think runs out in June/July (the LA didnt leave us a copy of the agreement. Are we able to move out of the property before the end of this 12 month agreement without penalty?

Problem three Due to problems with benefit/change of circs there have been two occassions where the housing benefit has been paid to us quite late and this has made us late with the rent by about a week each time. The LA went nuts about this as we pay on the 18th and LL's mortgage payment is on the 20th. We did and still do feel really bad about it and promised not to be late again. I have just lost an ESA appeal so our income has dropped significantly and because of the CIC's the housing benefit is going to be late again this month. We only got the letter last week telling us HB needed income info. We spoke to housing benefit this morning and they say there is no way they can pay us before 20th. The rent is therefore late again. We feel really bad about this and are worried about telling the LA but we feel its beneficial to tell them so they can warn the LL. I suppose forearmed is forewarned. We are worried that it will affect our referencing when we apply for a further private rented property and that because of it we won't be accepted anywhere.

Can anyone please help with this, we are in a right mess financially and its making us sick with worry.

nikki1520

As you say, there are three problems.

The landlord is obliged to provide you with heating and hot water - this is done as you have central heating. How much it costs you to run really isn't his problem. However, the electrics do not sound safe,and so I would ask in writing for it to be addressed urgently, otherwise you will have to refer to the relevant department at the local council - might be the rent officer/health and safety or environmental health. Have you seen a copy of the electrical safety certificate?

The second problem - if you have signed an agreement for a year, then you are bound by it for a year. If you haven't signed a new agreement then you are obliged to give one months notice. If you have, you can perhaps negotiate - for example, tell them that you cannot guarantee the rewnt will be paid on time every month due to your circumstances, but that it will be paid. If this is not agreeable to the landlord, would they be prepared to release you from the contract early, without penalty and with a good reference in order that they can take their chances with another tenant.

The third problem - it really isn't your problem when the landlords mortgage is due -that is his problem, and if he doesn't have the funds to cover a short delay, he really should look at getting out of the business. I would, though, as a matter of courtesy, explain why it is going to be late and give them as much notice as you can so they can make alternative arrangements to fund the mortgage payment.

I assume your deposit is correctly secured with one of the schemes and you have been given all the relevant paperwork?

Gallstones

Hi Nikki and thanks for your help. So you are saying the LL does not have to fix the electric fire which is part of the fittings when we rented the house? That seems a bit harsh...and I've read through the tenancy agreement and it doesnt specifically state that the fire is excluded (or any other electricals,

I don't remember if we have seen an electrical safety report - I believe we saw a gas one though.

Your solution on the second problem seems a viable option, I'd feel a bit cheeky though.

The third point I thought that myself, but I did'nt think it wise to say that to the LA! I will contact the LA today.

Yes the deposit (550) is secured in the deposit protection scheme. I'm not overly concerned about losing it as there is a bit of wear and tear on the house thats occurred since we moved in (marks on the walls etc) and due to illness I cannot redecorate them myself or afford a decorator. My Dad is helping out financially with moving costs as we need to move to care for my sick mother whilst my dads at work. However we will be professioally cleaning the carpets before we leave and wiping down the skirting boards/power washing the back yard so it will be left in good clean condition

Kynthia

Try to get a copy of your current agreement in case there was a break clause you use to leave.

An electrical safety certificate is not a legal requirement but as you have legitimate concerns I'd write to the landlord expressing them. Then follow up with the council.

rentergirl

Agree with all of the above, but would ask to meet the landlord, and explain that (while accepting his mortgage payment date is not your problem) he might wnat to let you break the contract so that, to your mutual benefit you can leave. then follow up any meeting with a polite letter sent with proof of posting/delivery, and give notice.

cattie

If you don't want to have the central heating on all the time is there any reason why you can't buy a cheap convector heater or a fan or halogen heater? You can pick them up for about £15 or under and owning one is always a good standby wherever you live.

Gallstones

Hi everyone, thanks for the help so far, I'm going to take your advice and ask the letting agent to let us leave before we go too far in arrears for everyones benefit - I think we are only a couple of months off the end of the contract anyway. Hopefully they will be co-operative but I'm worried as so far they just seem like a bunch of cowboys. The chap who owns the firm is like a chav in a suit and quite intimidating

Judith_W

Those saying the electric heater is not the LL's problem - surely the fact they have another form of heating is not relevant as this is something the LL provided and should be fixed if broken - e.g. if the plumbing went wrong through no fault of the tenant this should be sorted?

nikki1520

But if the plumbing went wrong, then the tenant wouldn't have adequate access to water. If there is alternative heating available, the landlord isn't obliged to fix a secondary source of heating afaik.

Of course, a good landlord would maintain all fitted appliances adequately, but it seems that this is one only interested in the legal minimum, which in this case has been achieved

nikki1520

Yes the deposit (550) is secured in the deposit protection scheme. I'm not overly concerned about losing it as there is a bit of wear and tear on the house thats occurred since we moved in (marks on the walls etc) and due to illness I cannot redecorate them myself or afford a decorator. My Dad is helping out financially with moving costs as we need to move to care for my sick mother whilst my dads at work. However we will be professioally cleaning the carpets before we leave and wiping down the skirting boards/power washing the back yard so it will be left in good clean condition

Bit concerned about this though- marks on the wall are fair wear and tear and so you should get your deposit back, unless we're talking great big gouges, or a whole wall decorated in felt tip? It's up to you to return the property in clean, lived in condition, not to pay to have the property redecorated!

Gallstones

Hi Nikki. no there are no terrible marks, but the kitchen walls were a pale magnolia colour and have grubby little handmarks on from the baby. when we moved some furniture round in the front room the sofas have left marks on the walls where they pressed. the hall has one or two grey marks due to moving furniture upstairs when we moved in. We've only been here 18 months so I feel that its only fair that the walls are cleaned up. It was immaculate when we moved in as the LL lived here on her own. We are a family of six so its not quite so immaculate now. Also, a secondry query, when we moved in the LL left quite a bit of furniture here. it was never inventorised by the LA and she told us to do what we wanted with it, make it into our home. There was a clause in the original tenancy agreement stating that no furniture should be taken away from the property for the first six months, and that the white goods are left as a gesture of goodwill and the LL is not resposible for them. We have chucked quite a bit of the furniture as frankly it was rubbish. A half collapsed sofa, a single pine bed, a set of MDF drawers that were falling to bits and an unfinished mdf diy built in "wardrobe" I'm just a bit concerned now that the LA will throw a fit because we moved that furniture out so we had space for our own. What could we do about that?

Also, thankfully, we have sold some stuff and managed to find this months rent money by Thursday.