How and who do I sue regarding rental property

happyhatter

We are a first time renter and paying significant monthly rent on a detached house (six months into a twelve month tenancy contract). We have had nothing but uncomfortable and unpleasant problems and put this down to the fact that the house was uninhabited and unloved for two years prior to ourselves moving in (we found this out after the move), a Landlord who lives in Australia and conveniently can not be contacted and the Letting Agents who are pleasant but useless.

The tipping point is now! We previously advised the Letting Agents we had no hot water on Xmas eve but a contractor came round same day and put in a temporary fix. I have sent frequent emails asking for longer term fix (our recommendation to replace boiler) which has only been met with three contractor visits to review the situation. I have asked for copies of their reports which I have not received. The temporary fix failed Tuesday March 19th and the landlords contractor is not planned to visit the problem until tonight some 48 hours after the event. We have therefore had NO hot water for 48+ hours.

I have everything in writing and am trying to get Senior Employees in the Lettings Agency involved (I cant even secure Senior names at this moment). I want to stop paying my rent as this is just one of a whole raft of previous issues (sewage flowing into the property etc) but I know this the wrong thing to do! Do I sue the Lettings Agency or Landlord for compensation for various breaches of contract. Any advice, points to websites etc would be welcome for my next steps. I have previously involved the Local Council Environmental Department which certainly focused the minds a for a few weeks and may go down that route again.

I have already spoken to a lawyer (free intitial consultation a few weeks back) who says I am in a very good position to break the tenancy but I do not want to as I work abroad and it is the wife and kids who suffer in the house. My final point of call will be to formally appoint the same lawyer but am trying to do this myself and avoid legal costs if I can go through small claims court etc

Out,_Vile_Jelly

You can pay for urgent repairs and deduct this from rent, but there is a procedure to be strictly followed- you should be able to find this on Shelter's website.

Is there any break clause in your contract?

jc808

happyhatter wrote: »

We are a first time renter and paying significant monthly rent on a detached house (six months into a twelve month tenancy contract). We have had nothing but uncomfortable and unpleasant problems and put this down to the fact that the house was uninhabited and unloved for two years prior to ourselves moving in (we found this out after the move), a Landlord who lives in Australia and conveniently can not be contacted and the Letting Agents who are pleasant but useless.

The tipping point is now! We previously advised the Letting Agents we had no hot water on Xmas eve but a contractor came round same day and put in a temporary fix. I have sent frequent emails asking for longer term fix (our recommendation to replace boiler) which has only been met with three contractor visits to review the situation. I have asked for copies of their reports which I have not received. The temporary fix failed Tuesday March 19th and the landlords contractor is not planned to visit the problem until tonight some 48 hours after the event. We have therefore had NO hot water for 48+ hours.

I have everything in writing and am trying to get Senior Employees in the Lettings Agency involved (I cant even secure Senior names at this moment). I want to stop paying my rent as this is just one of a whole raft of previous issues (sewage flowing into the property etc) but I know this the wrong thing to do! Do I sue the Lettings Agency or Landlord for compensation for various breaches of contract. Any advice, points to websites etc would be welcome for my next steps. I have previously involved the Local Council Environmental Department which certainly focused the minds a for a few weeks and may go down that route again.

I have already spoken to a lawyer (free intitial consultation a few weeks back) who says I am in a very good position to break the tenancy but I do not want to as I work abroad and it is the wife and kids who suffer in the house. My final point of call will be to formally appoint the same lawyer but am trying to do this myself and avoid legal costs if I can go through small claims court etc

To be fair a same day fix for your hot water and 48 hour downtime three months later isnt bad

Your bit in bold is nonsense - are you sure this was a lawywer?

G_M

Out,_Vile_Jelly wrote: »

You can pay for urgent repairs and deduct this from rent, but there is a procedure to be strictly followed- you should be able to find this on Shelter's website.

Shelter process here. You MUST follow the process.

1) all issues must be reported IN WRITING (letter, not email, text etc) to the named landlord, at the address provided "for the serving of notices". That may or may not be the agent, but you MUST write.

2) You must continue to pay rent. If not, you are in rent arrears. 2 wrongs don't make a right.

3) You can NOT, jsy end the tenancy.

4) You CAN involve Environmental Health if the issue affects health. Or the Private Tenancy Officer or similar if your council has one.

5) Has everything else been done right?
HSE (Gas Safety Certificate rules)

EPC (Energy Performance Certificate rules)

Deposits (Rules on deposit protection)

Localism Act 2011 (section 184 - updates to deposit scheme rules) Plain English explanation!

6) Any legalaction would be against the landlord and his agent jointly.

7) You may be able to negotiate an 'Early Surrender' of the tenancy (or use a break clause if there is one in the agreement).

princeofpounds

See here:

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

The legal basis for repairing yourself and deducting from future rent was established in Lee Parker vs Izzet 1971 - google for more info.

Threatening to use that procedure is likely your best bet.

The 'lawyer' is talking nonsense unless there is something we don't know about.

happyhatter

Thanks for response, I am sorry its in bold I dont know why the formatting came through like that. Yes definitely lawyer and based in North Finchley. Perhaps I am too impatient re the 48 hours. Touch wood the contractor will fix it, I just need someone in the Lettings Agency to get interested

happyhatter

Thanks for all the quick replies; there are a tonne of issues as per my original post. This one issue is the final tipping point. We have constant electrical blackouts, two instances where sewage has come through the property, difficulty getting copies of electrical and gas certificates and so on. G_M is very direct and I shall be following that as well as everyone else s responses. Thank you again - I am more enlightened 20 minutes after the first posting!

Thrugelmir

happyhatter wrote: »

I have everything in writing and am trying to get Senior Employees in the Lettings Agency involved

The Lettings Agency is the agent of the LL and will only perform actions in accordance with instuctions given by them.

I'm sure that the Lettings Agency are equally fed up as you. As they are caught in the middle. So try and be more tactile. See if they can source you alternative accommodation.

G_M

Thrugelmir wrote: »

The Lettings Agency is the agent of the LL and will only perform actions in accordance with instuctions given by them.

I'm sure that the Lettings Agency are equally fed up as you. As they are caught in the middle. So try and be more tactile. See if they can source you alternative accommodation.

I don't recommend this.

You might be accused of assault, sexual assault, sexual discimination, or ... well if you're lucky you might end up pulling.... :kisses3:

Fire_Fox

Address at which to serve notices on the landlord on your tenancy agreement - must be in this country or your rent is not due. http://www.landlordzone.co.uk/landlord's_address.htm
Environmental Health at the local council can enforce repairs or deem the place legally uninhabitable. If that happens the landlord must rehouse you or release you from the AST.
Is the landlord registered for and paying income tax? Could use this as leverage. http://www.hmrc.gov.uk/international/nr-landlords.htm