Can I sue landlady and if so how much is resonable

pmlindyloo

I fully understand your anger but unfortunately you have allowed things to escalate without following the correct procedure and also allowed time to pass without doing something about it.

If you click on this link http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions

and then follow all the different 'links' you will see that there are steps that you could have taken to get repairs done (including having them done yourself and deducting money from the rent to pay for it).

There is also a link to report the landlady for not issuing a gas safety certificate.

I have to agree with many posters that suing for compensation after the event is going to be difficult when there is a procedure to follow for everything that you have talked about.

Good luck in your new property.

DaftyDuck

saram12 wrote: »

we didnt move earlier as we didnt have enough money for a new deposit ect for moving

But that is not the responsibility of the LL. So, any further costs you may believe you have incurred after the first six months would, in my opinion, be completely unrealistic to try to claim. Following on from that, the fact you chose to stay (and you did - nobody forced you to stay) would mean you have absolutely no claim for the first six months.

You could try - after all, many do in this "someone else must be to blame" culture. However, in my opinion, you would lose, and should lose.

Obviously, that's not what you want to hear, and it's only my opinion. Frankly, I'd treat it as a learning experience, move on, and stop wasting energy over this!

dancingfairy

Of course you can sue her. What are you going to sue her for? and how can you prove it? also what realistic prospect of success do you have?
It is disgusting that she has got away with this. You can of course shop her to as many of the authorities as you can: ie mortgage provider (download the registry documents for a couple of quid from the land registry which may give you a clue whether she has permission to let), you can shop her to HMRC if you don't think she is paying the correct tax or declaring her letting, you can report her to environmental health (which you have already done), you can report her for failing to supply a new gas safety certificate. I think also there is a website/list somewhere where you can report rogue landlords and warn people off them.
In terms of suing her, the costs is around 40-50 pounds I believe. I'm not too sure what you would sue her for? breach of contract? compensation for damage to your property (although this should be covered by your contents insurance?). Of course, anyone can sue anyone for anything they like. Whether you will win is a different matter.
What evidence do you have? do you have copies of all letters sent to her regarding the problem? do you have contemperous notes of phone calls? emails? proof of posting of letters? videos? dated photos?
I honestly think you should shop her to whatever authorities you feel you want to but not bother taking her court
In future if you get any more problems with housing then someone has kindly posted a link to Shelter for help with enforcing repairs and you know now how to get Environmental Health involved.
It's a horrid situation and I hope you never have to face it again.
Best of Luck
df

dodger1

dodger1 wrote: »

Draft excluders for windows cost about £2 (which frankly most tenants would have sorted out themselves), sorry but you need to completely forget about compensation claims, move out and get on with life.

saram12 wrote: »

my husband and I are not stupid my husband is an architect and I am a Biomedical Scientist so please do not treat us like we are idiots ok

How on earth is that treating you like idiots?

saturdayedition

I have been in a similar although not identical situation. My partner and I endured months and months of trouble and wanted some sort of financial compensation. We had an environmental inspection done but as one poster said it has to be REALLY bad before you will fail it. We had no heating and a leaking roof and the inspector said she was dealing with no windows and doors situations.

The most human response in these situations is always to think that we do not deserve it, that the LL has done wrong, and that we should get something in return. However this is the UK and tenants do not have many rights (at least not in comparison to other countries that I have lived in). Specific proper procedures have to be followed and I hate to agree with everyone that it does not look likely that you will be able to get any compensation. The bigger question and problem is what sort of a system is it that LLs are able to get away with stuff like this, but that is a topic for another day!

Kynthia

pmlindyloo wrote: »

I fully understand your anger but unfortunately you have allowed things to escalate without following the correct procedure and also allowed time to pass without doing something about it.

If you click on this link http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions

and then follow all the different 'links' you will see that there are steps that you could have taken to get repairs done (including having them done yourself and deducting money from the rent to pay for it).

There is also a link to report the landlady for not issuing a gas safety certificate.

I have to agree with many posters that suing for compensation after the event is going to be difficult when there is a procedure to follow for everything that you have talked about.

Good luck in your new property.

I agree with this completely. If you had come on here a year ago you'd have been given advice on how to handle the situation. You could have started a paper trail of evidence such as letters requesting works/repairs. You could have gone to environmental health earlier. You could have followed Shelter's procedures for getting essential works done and deducting the cost from the rent due (it takes time so should be started early). You could have reported the lack of gas safety certificate to the HSE, and if you were worried about your safety you could have paid the £50 for one yourself (not ideal but better than worrying about the fire for months).

However you stayed an extra year and now want revenge and compensation, but you're unlikely to get what you want. No-one is on the side of the landlord here but that doesn't change the facts. If you don't comply with the correct notice regulations and pay for a whole tenancy period the landlord will get the difference from your deposit. You don't have any official paperwork stating the place is inhabitable and you don't have provable losses that can directly be attributed to the landlord's negligence. So I don't think you're going to successfully sue. I hope you have a better time in your next home.