No adress for landlord and unable to get him to do repairs

no.1swimmum

I hope someone here can help a work collegue - I have never rented so can't advise her but I knew some lovely people here that might have some answers.

My colleque has lived in this property for 2 years - and has only ever had an email and mobile phone number no address, she has had some issues over a period of months with the property and is unable to get the landlord to carry out repairs.

The Kitchen sink is leaking, and getting worse - reported on many occasion via email but no one has ever come to make any repairs - he even denied recieving emails until she went back through her emails and resent them to him.

She now has a problem with the oven, it has not been working for some weeks, (she is a food tech teacher - so is always cooking) although he has again been told on several occasions he says he will send someone round - a member of the family waits in but no one comes.

She really wants to put her grievences in writing to him not an email there is no letting agent. And has now after 2 years started to recieve mail addressed to the landlord at this address! Oh and she has just told me that he has been declared bankrupt in the 2 years she has lived there - and the best bit he is a lawyer, so really want to do things correctly.

Thank you for any help

Werdnal

Assuming this property is in England or Wales, unless LL provides a postal address, then they cannot legally charge any rent. That is not to say tenant can live rent free, but unless an address for the LL or a relative or agent they have appointed to act on their behalf is given to the tenant, the tenant can withhold the rent. All rent will become immediately due as soon as the address is provided, so tenant must keep it aside to pay what is owed immediately.

Nothing like rent drying up to get a LL's attention!

Send another email, even if LL ignores it, tenant will have proof that they tried to contact LL, advising this fact and that all rent will be withheld until an address is provided. However, tenant must be aware that some LLs don't take kindly to being asked to do anything for their tenants so may prompt LL to issue notice for tenant to leave!

Just out of interest, did tenant pay a deposit and did they ever receive information about which scheme LL protected it with?

no.1swimmum

Thank you so much Werdnal for your reply - I will pass the information to her.

It is in England - sorry should have said - she did pay a deposit but has no proof of it being held by one of the landlord deposit schemes - how would she find out if this has been done.

She is so appreciative, this is her first house rent since splitting with her husband who always dealt with these things so really want to help her. Thank you

RAS

Hope these work

• The Deposit Protection Service (DPS) Opens new window

• MyDeposits Opens new window

• Tenancy Deposit Scheme (TDS) Opens new window

no.1swimmum

Thank you so much RAS - I have passed these onto her and also told her to look at shelters website. She is so appreciative of the help given.

RAS

Hi

Can I ask if she is in contact with the Insolvency Practitioner handling the bankruptcy? Is s/he happy that the rent continues to be paid to the LL?

cheesechives

Can't answer re your query over the Insolvency Practitioner - sure someone else will in due course. However, a couple of thoughts in the meantime :

If the LL is a lawyer (solictor? barrister) perhaps his office/chambers can be found online, or via Soliciters Regulation Authority? Then (having confirmed it is the correct person) a letter could perhaps be served by first class post (having obtained a certificate of posting).

Also, a land registry check online costing £4 for the friend's home that the are renting might be useful - if the LL bought it as buy-to-let or properly above board, then there should be his (at the time) residential address listed.

G_M

Werdnal wrote: »

Assuming this property is in England or Wales, unless LL provides a postal address, then they cannot legally charge any rent.

Just to add the legal source for this:

Landlord and Tenant Act 1987 Section 48.

There is a process for tenants to pay for repairs themselves and then deduct from the rent. But the process MUST be followed. See Shelter here.

Yorkie1

cheesechives wrote: »

If the LL is a lawyer (solictor? barrister) perhaps his office/chambers can be found online, or via Soliciters Regulation Authority? Then (having confirmed it is the correct person) a letter could perhaps be served by first class post (having obtained a certificate of posting).

Find a solicitor

Find a barrister

CILEx

Licensed conveyancer

I rather suspect that being adjudged bankrupt will have a significant effect on your LL's ability to practise if is in fact a qualified lawyer.

tbs624

As Yorkie1 says - if a solicitor is declared bankrupt then their practising cert is suspended automatically IIRC

Edit: OP you mention post addressed to the LL arriving at the rental property? This could mean that the property is not on a BTL mortgage or does not have Consent to Let on a standard residential mortgage. If any letters come from a mortgage lender and/or there are any address to "the occupier" she will need to check the contents i case LL has been afiling to pay the mortgage.

Has your friend checked the tenancy deposit schemes yet?