Making a stand against my landlord.

JamesClarke

I understand this might be considered unethical but I am fairly confident that in the eyes of the law I am ok to do this. I would like some opinions because I am completely fed up with this place and the landlord.

I know a lot of you will immediately think "just move out", yes, I could but I'm a student and money is tight, this place is shared and cheap, getting my own place this late in the academic year would tie me down and increase my rent/bill output by about 3x.

First things first, due to weird circumstances I never signed a contract or agreement to live here. I don't think he knows this. There are a few parts of the agreement about the landlords responsibilities I want to touch on before I explain my situation further. Paraphrased:

1.) To maintain the property including ceilings, walls, plumbing and appliances.

2.) To maintain and decorate the property including painting.

Ok here we go.

November.

In late November the ceiling in my bedroom collapsed on me while I was asleep raining heavy chunks of fragmented plasterboard on top of me in bed, some of these chunks weighing a few kilograms, it was remarkable I wasn't hurt or hit on the head. The landlord didn't seem to care about what had happened and just said he would fix it.

December.
Ceiling is still not fixed. Only when I go home for Christmas break and return on Jan 5th has the ceiling been fixed. He also took the opportunity to re-plaster all of the walls which was completely unnescersary. Freshly plastered walls = unpainted walls.

February.
Bedroom as still not been painted and looks like a crack den. Kitchen is flooded all month due to plumbing problems which again he doesn't seem to care about.

End of february he comes to fix the flooding and in the process makes our bathroom completely unusable for over a week. 5 people now have to share 1 bathroom with no shower and only a bath.

March.
Bedroom still not painted.

All of these issues along with the house generally being a complete health hazard with dodgy electrics, plug sockets hanging of the walls etc.



What I want to do:

I want to refuse to pay rent and bring up all of these problems. Stating that the periods of time that I'd had to put up with having no ceiling or unpainted walls or a flooded kitchen are a complete breach of his part of the tenancy agreement. Remember he doesn't know I haven't signed it so I'm bluffing here.

From what I gather he can either accept this and do nothing or he can file a court order to evict me which I think takes a few months to go through allowing me to live out the remainder of my tenancy rent free regardless.

If he does go to court to evict me and to force me to pay rent I can just say I never signed a contract and therefore have no obligation to pay rent. I have photographic evidence of all the problems including the ceiling collapse and fully intend to get in touch with the council environmental health officer to get his housing syndicate shut down for the state of their properties after I move out.

Also, you should know he is completely unreasonable, does not care about our well being or the state of the property.

Thoughts please?

BASFORDLAD

You make a lot of incorrect assumptions.

Secondly the council proberly won't be bothered if you have left the property

JamesClarke

Hi thanks for the reply. Could you elaborate? I know I'm making assumptions that's why I posted so I can see what other people think. I want to know where I stand.

yoyoegg

You've been paying rent so an implied contract is in place, so both parties have rights and obligations.

You could stop paying and the LL could serve a section 8 and go to court to evict and recover arrears. Of course, seeking work after graduation with a CCJ against your name isn't too clever.

bob2

Whether or not you signed the contract yourself - did everyone else in the house sign a joint tenancy? If they all signed a joint tenancy for the whole property they will be jointly (and individually liable) for the entire rent amount.

If you stop paying, lack of paperwork may mean the landlord has some difficulty pursuing you for the missing rent - but he may be able to easily just get it from the others.

So you won't make yourself too popular with your housemates if you unilaterally decide to withhold rent.

Annisele

Your university will have a housing officer / somebody whose job it is to help students sort out these sorts of issues. Go out see them.

The landlord's obligation to keep the property in good repair is separate to your obligation to pay rent. (In other words - two wrongs don't make a right). There is a process for withholding rent to pay for repairs - go have a look at Shelter's website - but it doesn't look as though you're anywhere near that yet. For a start, you don't mention having informed your landlord about any of these problems in writing.

You're absolutely not "OK in the eyes of the law" to do what you propose. You've been living there and paying rent; you have a contract. The terms of the contract may be in some doubt, but it sounds like you have an Assured Shorthold Tenancy and so everything that is implied into ASTs will be in your agreement with your landlord. If you don't pay your rent, he can sue you, and he'll win easily. (Or, as others have said, if your tenancy agreement is joint and several he'll just take the money from your housemates - and then they'll sue you instead).

pmlindyloo

First of all you do have a contract, albeit not a written one, because you have been paying rent.

Secondly you need to check whether the other tenants have signed a contract - separately or joint.

Next you have to follow the procedure outlined here:

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets/landlord_refusing_to_do_repairs (change to Scotland if that is where you are)

You can contact your housing officer for help, or Shelter, or CAB.

It would be helpful if you could get the other tenants on board so that you can do this together (carries more weight). If they are not interested then go it alone.

I do not agree that this should be ignored. You are paying money for a service and deserve to be given one. Plus, from what you describe the Environmental Health would be interested as would your university housing officer.

Just a couple of other points:
Have the other four a joint or separate tenancy agreements or no written agreements? How long did you agree to stay?

Did you pay a deposit? Was it protected? Did you receive information about it?

This is a house of multiple occupation and as such there are strict regualtions that the landlord must adhere to.

And finally (!) was there an inventory done when you moved in?

Kynthia

No-ones saying to ignore the problem, but are quickly pointing out that the OP not paying rent is very wrong and could make things worse.

Write a letter listing the problems and issues. Post it to the landlord and keep a copy and the proof of posting. Ask for what it is you want, eg things put right in the next month or compensation.