Landlord disputes

BaconBoy

Hello all,

I'm looking for some advice on taking action against my current landlord. Newly moving to the UK approximately 15 months ago, myself and a few other tenants were unaware of our rights and were referred to this company who specialised in getting 'set up' (bank accounts etc). We've now of course found out this company wasn't meeting (many) laws and requirements set by the council. Is now taken 6-8 months and council inspection/intervention to have things brought up to code.

The council has given 14 days to state actions and 28 days to begin work, which includes; repairs to carpets, the installation of a second kitchen, repairs to electrical systems, addressing the mould issue, enforcing deposits to be placed in protected schemes and ensuring compliance with fire safety. One of their primary concerns is that the house is only approved for 5 tenants (via HMO standards) but they have actively sought to put 10 people in rooms. Each room is classed as an individual tenancy.

Over the course of this its also been advised that two of the bedrooms are 1-2m squared smaller than the requirement for a 'room' that can be offered/rented to a tenant. They are not making any plans to amend this, have not offered alternate accommodation and will not reduce rent. They are also stating that the correct notice period must be given on these rooms.

Ultimately we're looking to get some form of reimbursement for all the issues relating to the tenancy, the time spent attempting to resolve this and compensation for the rooms which should not have been rented/charged. I don't believe it would be unreasonable to claim a return of a portion of the rent from this time, as it was offered under the advisement that it was legitimate/valid.

I'm certain this would involve small claims as they refuse to resolve anything informally and create roadblocks at every turn (not to mention attempting to restrict/prevent council inspections!). Any advice on what can be claimed or the likelihood of getting any money back?

Any advice/feedback would be greatly appreciated!

Chippie

Speak to your local CAB. It seems the council are already doing what they need to do but your landlord is breaking the law. I would certainly report him for not using a registered deposit scheme. If the court finds in your favour, not only will you get your full deposit back, you will more than likely be awarded a settlement too. 10 people in a property means it must be a licensed HMO, it's not therefore its illegal. Plain and simple.

BaconBoy

Thanks for the reply Chippie.

Ok, I'll speak with the CAB. RE: deposits, only concern is now they've made notice that they will protect the deposits (after months of resisting and lying stating that we're all students so therefore exempt from HMO status?).

The council has provided us with all correspondence, and I've told the landlord quite some time ago that we will only correspond in writing so everything is documented. So basically we've got everything to demonstrate their conduct (including telling the council to stop exaggerating in terms of their assessment).

I think the main thing we were looking at is the rent situation and gaining a surrender on the tenancy as I don't see why/how they can continue to claim rent on a room not to council standards (with no intention of amending it).

Zorz_2

In addition, you can search for Rent Repayment Orders, if that applies in your case.

poppop11

my landlord broke the law re fire and safety reg and electrical reg's what can i do?

does anyone out there offer advice about the property ombudsman complaints procedure?