Can I sue landlady and if so how much is resonable

saram12

we have lived in this property for 18 and half months as we have had numerous problems since we moved in.

The kitchen ceiling was leaking and it took her two months to get some one to patch it up she stated that someone would come back and fix it but no one ever did that was aug 2012.

due to the leaking kitchen roof the water in the lights in kitchen kept tripping electricity (fire hazzard) too a further month after roof was fixed to have electricity fixed after arguments as she said the wires wernt in the roof of kitchen (they were) and she wasnt paying £300 to have a loft hatch put in to fix them finally this was done but after alot of heated dicussions.

the property has been (according to the pest control) infested with rats and stated there was a break in pipes we mentioned this to landlady last aug 2012 but she said it was us (IT REALLY ISNT US) we again had pest control out this month saying theres a family of rats living in out cavity walls and floors.

the landlady stated she would come out to look for the break in the pipes where they wold get in but did not turn up although this was arranged on the tuesday for her to come on the saturday she had a call from her boss asking if she could take a horse to a competition she should of said no i am busy but no she decided that was more important.

in the 18 and half months we have been here she produced a gas safety certificate when we first moved in but nothing since (should be done every 12 months)

also since we moved in we have not been able to open 4 of the windows in the property including one in the bathroom, small bedroom and landing all of which are the only windows we could escape from in a fire. my daughters bedroom window does open but the seal is gone so in winter its freezing and you have to physically climb outside to shut it properly but with the small room window not opening to get back in you have to climb through the window and it wont seal again. she stated she would come and check but there is nothing physically she can do as she checked them before we moved in and they were fine we are still waiting for her to come out over a year later.

I asked for a plumber to come fix a leaky radiator as it was affecting the boilers pressure. her response was pay for it yourself or get a spanner and get your husband to fix it.

we gave her a months notice to leave and shes stated she will not accept the part month payment and requires a full months rent which we are not willing to pay for what we have dealt with she stated she wants this money so that it covers her till she gets a new tennent in a couple of weeks (she wants to put a tennent in a infested house that she will not deal with)

Where do I stand on this as I have a small child who is starting to develop health issues from the condensation caused by poorly ventilated property and if we should claim compensation and how to stop her renting this property until its sorted

thank you

Cissi

In order to sue her you would have to be able to prove actual losses, ie costs that you have incurred as a direct result of something which you can prove was caused by her actions or negligence. Doesn't sound like you have a case. But you can report her to the council's environmental health office - more information here.

Unfortunately I think you will have to pay the full rent that you owe as per your contract, unless it's possible to show that the property is unfit to live in - I don't know how you would go about this but maybe someone else can help. If it is unfit to live in then she may be obliged to provide you with alternative accommodation - but again, not sure how this would be enforced. You probably need to speak with the council in the first instance.

19lottie82

To be honest, it sounds like you have been inconvenienced but not really suffered a financial loss here. If you have and can PROVE it, then theoretically you could take her to the small claims, but it isn't certain you will win, and could be lamped with both parties costs as well.

Just take this as a lesson learned and move on, would be my advice.

saram12 wrote: »

we gave her a months notice to leave and shes stated she will not accept the part month payment and requires a full months rent which we are not willing to pay

This is fair enough I'm afraid. If you don't pay the full months rent, she could take you to court for the rest.

saram12

we are moving out end of the month to a much nicer house and we do have the councils environmental health officer sending her a letter to state hes coming to view the property. but I feel we are owed something for living in a dump that was not caused by ourselves she has never done anything for the property without us saying well we will withold rent for a month, then it gets done but apart from those I stated she did sort out in the end she broke her agreement when she didnt fix stuff and by saying we had to pay and for the fact she does not hold an up to date cp12 certificate for this property which should of been done before april 2013. we havebeen told by two letting agents that we have been living here illegally as she has not supplied this and when we first moved in the fire in the living room is supposedly decommissioned but there is no evidence of this on the fire itself which there should be and the fact it is actually plugged in.

saram12

19lottie82 wrote: »

To be honest, it sounds like you have been inconvenienced but not really suffered a financial loss here. If you have and can PROVE it, then theoretically you could take her to the small claims, but it isn't certain you will win, and could be lamped with both parties costs as well.

Just take this as a lesson learned and move on, would be my advice.



This is fair enough I'm afraid. If you don't pay the full months rent, she could take you to court for the rest.

I have been told by the lettings agents and environmental health agency that she would be laughed out of court for not having a cp12 certificate.

19lottie82

OP, I know you fell hard done by, and rightly so by the sounds of it, but as we have explained, you won't be able to "sue" your landlady because of this, unless you have suffered financial loss and you can PROVE this. Have you and can you?

The only way you can get out of paying your last months full rent, is if the council deem the property un safe to live in, and to be honest, a property has to be REALLY bad for them to do this. I doubt they will with your place, based on the information that you have provided. IMO all they will do is supply your LL with a list of recommendations as to work that needs done.

You are moving out now. Take this as a lesson, never believe a potential landlord when they verbally tell you things will be fixed. Insist on everything being correct before you sign an agreement. If there are any future problems, report them in WRITING (so there is a traceable paper trail), not text.

I'm sorry if this isn't what you wanted to hear but don't waste anymore of your energy on this, focus on your new home.

saram12

and I want an honest opinion here would you live in a house with this much problems and the landlord breaking her agreement and not want compensation

19lottie82

saram12 wrote: »

I have been told by the lettings agents and environmental health agency that she would be laughed out of court for not having a cp12 certificate.

I'm not sure about this. They seem like 2 separate issues and 2 wrongs don't make a right in this situation.

Can anyone else comment?

19lottie82

saram12 wrote: »

and I want an honest opinion here would you live in a house with this much problems and the landlord breaking her agreement and not want compensation

Yes, I would feel hard done by, and I understand why you WANT compensation, but what you want and what you can get are very different I'm afraid.

I am being honest here as was Cissi (#2). I'm sorry if it's not the answer you were hoping for.

Can you answer the questions......

1) Have you suffered any financial losses here?

2) If yes, can you PROVE it?

saram12

its a health and safety risk her renting a property without a gas safety certificate as she has had one of her appliances decommissioned but just told us and told us not to use it but there is nothing on the fire place to state that which is a risk

saram12

due to the extra costs of heating as the property is no insulated properly and the windows do not work causing a very cold draft in my daughters room has caused us to use more heating than we normally would.