what are my rights

SerialRenter

RAS wrote: »

Not quite. If the EH declare the house unfit for habitation, then the contract with the LL is "frustrated".

At which point the LL needs to provide you with suitable alternative accomodation, pay to put you up in a B&B or agree to let you move out with no penalty.

Which is what you want I think?

This ^

The landlord will have to find you accommodation if your current rental is not fit for habitation, so you won't be homeless.

I'm glad you got environmental health involved. Following the rules will work for you, just try and trust that the people in this thread are trying to help you.

Here's my check list for you:
Very carefully read the shelters advice on doing repairs and how you can legally withhold rent.
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets/tenants_doing_repairs

go and see a someone to take legal action against your LL for the return and non-protection of your deposit

Keep chasing up Environmental health to see if they can condemn the property. (but be careful with their "legal advice" as it looks like they gave you some wrong info)

Talk to shelter and they'll be able to give you good advice too.

And relax, I know it's horrible and frustrating living under a slumlord (been there myself), but because of their actions/inaction, you have options and power now. Remember we're here to help.

ihatemyhouse

went out to work today and ran in to some I know, who use to live in my house, as when we moved in, she told me to get out as it was damp, but put that down to being a ex tenant and not happy, any way found out why she had moved out, turns out the house was declare unfit to live in and the estate agent she was with moved her to the house she is in now, and the estate agent wouldn't handle the house any more due to the damp and LL refusal to fix any thing, since then it has been privately rented to working people only, but no one has lasted 6 months

sandsni

If the house was declared unfit then Environmental Health should have some record of that already. Did they not mention it when you spoke to them?

ihatemyhouse

no the first time I spoke to them, all they wanted was my details and to send me paper work, when I spoke to them today, they passed me on to someone else who said she was my case worker, and told me she had issues with that house many times, but wouldnt say why, all she kept saying to me is, go see a solicitor and CAB, and that even if EH said it was unliveable now, they would not help us get a home, only pass us on to the homeless team, who only have a short time to get us a home, before we are homeless

I found out that it was declare unliveable from a ex tenant who was moved out, to a other property, I got to go to CAB in the morning, as they have a drop in centre open at the council

pmlindyloo

What do you want to happen?

RAS

ihatemyhouse wrote: »

no the first time I spoke to them, all they wanted was my details and to send me paper work, when I spoke to them today, they passed me on to someone else who said she was my case worker, and told me she had issues with that house many times, but wouldnt say why, all she kept saying to me is, go see a solicitor and CAB, and that even if EH said it was unliveable now, they would not help us get a home, only pass us on to the homeless team, who only have a short time to get us a home, before we are homeless

This is correct only in so far as you will not be eligible for social housing.

It fails to address the issue that if the house is considered uninhabitable your LL has to provide alternative decent accomodation or pay for you to live somewhere else whilst repairs are done.

In both case, he might prefer to let you leave and to return your deposit.

ihatemyhouse

when I asked about this yesterday, all he said, was so your looking for somewhere else to live then, and then tried leaving the house as quick as possible

he said I wont do the repairs why you are living there, and wont give you notice to leave, if I want out I have to leave, I think he has gone throught this before, and was pretending he didn't know what EH was, and then said, don't get them involved, as I don't want the hassle

ihatemyhouse

here are some more pics of the house

ihatemyhouse

RAS

ihatemyhouse wrote: »

when I asked about this yesterday, all he said, was so your looking for somewhere else to live then, and then tried leaving the house as quick as possible

he said I wont do the repairs why you are living there, and wont give you notice to leave, if I want out I have to leave, I think he has gone throught this before, and was pretending he didn't know what EH was, and then said, don't get them involved, as I don't want the hassle

Is he the landlord?