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renting problem

hi all
need some help!! my daughter is currently in rented propertry and landlord has put up for sale and given her 2 months notice however the roof has got a huge hole in and water is pouring through into lounge!! luckily she has found a new place to move to but how can letting agency expect her to keep paying rent when place is uninhabitable?all they have done is put tarpaulin on roof held down with bricks this has ripped in wind and now water coming in again. what is the best way to deal with this landlord is not interested in repairs

Comments

  • RAS
    RAS Posts: 35,855 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    She needs to call Environmental Health first thing in the morning and explain the situation. The other people who might help are the Council's Private Tenants Officer but start with EH

    Unless EH declare the place uninhabitable it will be difficult to avoid paying the rent until the notice ends.
    If you've have not made a mistake, you've made nothing
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The Notice is unrelated to the repairing issue.

    1) Write a letter to LL at the ddress "for the serving of notices" detailing the problem and explaining the property is uninhabitable as defined by the Landlord & Tenant Act 1985

    Ask that the landlord either
    a) provide alternative habitable accomodation immediately or
    b) pay for her to stay in a hotel while repairs are carried out or
    c) agree to an immediate Early Surrender of the tenancy

    At end of letter, put:
    "cc Environmental Health, xyx Borough Council

    2) Hand deliver a copy to the agent too, and wait while they read it. Take a friend as support and witness.

    3) send copy to EH

    4) Whichever option is agreed, get written confirmation

    5) if all options refused

    6) ring EH and request an emmergency inspection by them
  • tbs624
    tbs624 Posts: 10,816 Forumite
    G_M wrote: »
    The Notice is unrelated to the repairing issue.

    1) Write a letter to LL at the ddress "for the serving of notices" detailing the problem and explaining the property is uninhabitable as defined by the Landlord & Tenant Act 1985
    My bolding.

    G_M's suggestions are good but the fit for habitation standard is now determined under HHSRS (Housing Health and Safety Rating System) - see Housing Act 2004 part 1.


    Ts in this situation can also make use of the provisions of the Defective Premises Act 1972 and the Environmental Protection Act 1990 if necessary
    .

    *Assuming tenancy is in Eng/Wales - in Scotland there is a specific Repairing Standard and Ts can report repairs and maint issues to the Private Rented Housing Panel

    OP - your daughter may also want to talk to someone at Shelter's helpline 0808 800 4444. She should obviously keep copies of her own letters and anything received from the LL/LA.

    Has your daughter paid a tenancy deposit to this LL? If yes, has she been given evidence of its scheme registration and has she been given the scheme's "prescribed information" by the LL? (both should have been done within 30 days of the T paying the deposit to the LL/LA)



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