Landlord refuses to provide reference for tenants

jcn1977

My first post here... hi!

Now... we want to move. We have rented this place for over 12 months and we can now leave when we give one months notice. We have done that and the landlord is refusing to give us a reference, and is trying to obstruct us from leaving. Obviously without somewhere to live we cannot leave!

We have paid the rent not just on time every month but early. Done everything we are supposed to do, the property hasn't been damaged and when some white goods failed we even replaced them at our own cost (although they were almost 15 years old).

At the same time the property has damage to the exterior wall so the wind comes in, there is damp everywhere and it's so bad the paint is peeling off the wall. The council has even visited to look at the damp - we didn't report it by the way, one of our neighbours who lives in the same building did. When we moved in here we were told the damp would be fixed and it hasn't been. To add to this litany of errors the bath now leaks into the apartment downstairs and we are unable to use the shower. We haven't complained about any of this beyond notifying the landlord when required. The landlord is actually refusing to fix the bath/shower/bath tiles on the basis that it "sounds like major work".

I might add we're both well paid professional tenants and the failure to give us a reference has just cost us £300.00.

What are our rights? I note we cannot make the landlord GIVE us a reference.

N79

As you say, you can not make the LL give you a reference (unless there is an agreement in your tenancy agreement for the LL to do so) so if you must have one you need to negotiate (=bribe) the LL into giving a reference. Failing that, you will need to explain that you don't have a LL reference up front when applying for properties - but this will limit your choice unless your current LL has a local reputation for being a grumpy sod.

"Professional Tenant" means something different to LLs - it refers to the worst type of T possible - one who knows all the rules and thus knows exactly how far they can avoid paying rent etc and get away with it. So you might not want to call yourself a professional tenant!!!!

princeofpounds

There are ways you can play hardball and make yourself as annoying as possible to the LL in order to get released.

You can get the council EHO to inspect and issue legally-binding repair orders on any hazardous damage (cold/damp/leaks).

You can use the process outlined in Lee Parker vs Izzet 1971 to pay for repairs yourself and deduct from future rent. This would be quite effective in this instance - 3 months of no rent and the LL might start to miss the income. Also, you would get your problems fixed. Process is here:

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets

Encourage your downstairs neighbour to sue your landlord over the water damage.

Anyway, make sure ALL damage is reported in writing with proof of postage, so he doesn't try to pin the degradation on you.

Did you pay a deposit? Is it protected?

Do you have/need a gas safety certificate?

In the meantime, continue searching for a new place. Many landlords will take references from previous landlords as this situation does crop up on occasion. Also, producing evidence that the current property is in poor condition such as photos will at least help prospective landlords understand that your current landlord is not a good'un.

Horseygirl123

The landlord is obviously an awkward s*d just like our last tenant was. It cost me £2,000 in bribes just to get him to surrender the property he no longer lived in.

Anyway have you rented before? Could you explain the situation to future landlords and say you have excellent references from previous landlords. I would always ask for a reference from a previous landlord anyway as sometimes a current landlord can be so glad to get rid of a tenant he will give a glowing reference just to see the back of them.

You can also arrange for a guarantor which may help the situation.

Good luck.

jcn1977

My girlfriend rented before, but I didn't for ages, not since I was a student as I had a mortgage instead.

Can we claim damages for things like being unable to wash properly? Due to the hole in the exterior wall when the wind is blowing in the right direction it actually comes through the wall. This costs money to run when it's cold, electric heaters aren't cheap.

Environmental health has already confirmed we haven't done the damp, it was there when we moved in. We were told it would be fixed... it hasn't been and has instead got worse and worse. In wet weather one wall actually streams with water, the paint comes off it, then mould appears as it dries out. The communal areas are the same.

My understanding is that the landlord is legally required to maintain the structure and exterior of the property along with the sanitary appliances. Surely this alone would be a breach of contract.

The reason I mentioned we are a professional couple is we pay a lot of rent (the environmental health officer was actually surprised how much). The property was passed off to us as a well maintained property for a professional couple, and that the work required would be done ASAP. As a result the expectations for the maintenance of the property would be greater than that of a slum for example.

We don't need a guarantor and money isn't an issue. Our joint income is actually over four times the rent of BOTH properties.

N79

What is your main aim - to get out of the property ASAP or to get the repairs fixed?

princeofpounds

Why has EH not issued binding repairing orders already?

Why have you not started the Lee-Parker vs Izzet procedures already? You don't need court damages, you can offset against future rent.

Can we claim damages for things like being unable to wash properly?

If you are lacking a source of hot water or heating you can get EH to issue a notice to the landlord. If ignored, it becomes a criminal offence.

jcn1977

To get out of the property as quickly and legally as possibly... and to stop feeling so disgusting because we can't have a shower. If we can get the repairs forced in the process that would be great, the other people who live here own the leasehold to their flats and the freehold owner (our landlord) has refused to do things like fix damp in the communal areas or even provide new carpets which are so worn they have holes in them. They have been complaining for years and nothing has happened.

jcn1977

If you are lacking a source of hot water or heating you can get EH to issue a notice to the landlord. If ignored, it becomes a criminal offence.

The water works! The bath just moves if you stand in it, and starts leaking into the downstairs flat depending on which way it moves. The seals around the tiles in the bathroom have gone too.

The heating works too, but obviously with a hole in the wall there are certain costs that wouldn't otherwise be there.

That legal procedure you described seems like it would have a substantial benefit to the landlord, a private company that rents out about 120 houses here.

7. If the landlord does not pay, the tenant may deduct the cost from the rent (but not other charges such as service charges) and then send the landlord a breakdown of the amount and period of the rent to be withheld

In other words, free management of a construction contract by someone who in my case er... does it for a living.

N79

jcn1977 wrote: »

To get out of the property as quickly and legally as possibly... and to stop feeling so disgusting because we can't have a shower. If we can get the repairs forced in the process that would be great, the other people who live here own the leasehold to their flats and the freehold owner (our landlord) has refused to do things like fix damp in the communal areas or even provide new carpets which are so worn they have holes in them. They have been complaining for years and nothing has happened.

In which case I would forget forcing repairs etc as there is a risk you will never see your money again. Since your tenancy is periodic you can get out with 1 months notice (which you say you already have given).

Just focus on finding somewhere else to live - be up front with potential LLs about your current situation and when you find somewhere ok go for it.

jcn1977

Thanks

Anyone got any case law on tenants taking landlords to court for things like broken sanitary appliances and getting damages for that. My understanding is damages can be awarded.

What about breach of contract? Again what sort of quantum is there? I've taken people to court for breach of contract with regards to work (and won each time). If anyone has case law that would be most invaluable.