Unfair landlord

witsend2014

Afternoon all

I am hoping that someone could possibly point me in the right direction.

Iam in a privately rented property and my issues are..

LL has failed to do repairs. The first repair is for a window frame that is almost completely detatched from the wall. A quote was done in aug 2013 but declined by LL as too expensive. I have emailed several times re when the repair will be sorted but have been ignored. Window could at any point fall off.

Damp both internal and external in several places. All around the electricity meter/fuse boards is really damp too. (Lots of salt/crystal looking stuff is growing through) I had a quote done for repair and it was £3000. LL was confused as to why I had a quote done even though he has ignored

None of the rads work in the front room. He was verbally informed several times but failed to turn up to inspect each and everytime so I emailed but have heard nothing.
His agent failed to protect our deposit on time (he doesnt know this yet !)

I have had the local council look at my agreement and they said that one statement in there is illegal it reads
''House let as seen and ll will not be liable for any repairs /improvements requested by either the tenant or the local authority''

I suppose in short my question is that would this void my whole AST if that part of it is illegal???
Any suggestions as to what I need to do next ?
Many thanks in advance

Sorry for the ramble!

pmlindyloo

witsend2014 wrote: »

Afternoon all

I am hoping that someone could possibly point me in the right direction.

Iam in a privately rented property and my issues are..

LL has failed to do repairs. The first repair is for a window frame that is almost completely detatched from the wall. A quote was done in aug 2013 but declined by LL as too expensive. I have emailed several times re when the repair will be sorted but have been ignored. Window could at any point fall off.

Damp both internal and external in several places. All around the electricity meter/fuse boards is really damp too. (Lots of salt/crystal looking stuff is growing through) I had a quote done for repair and it was £3000. LL was confused as to why I had a quote done even though he has ignored

None of the rads work in the front room. He was verbally informed several times but failed to turn up to inspect each and everytime so I emailed but have heard nothing.
His agent failed to protect our deposit on time (he doesnt know this yet !)

I have had the local council look at my agreement and they said that one statement in there is illegal it reads
''House let as seen and ll will not be liable for any repairs /improvements requested by either the tenant or the local authority''

I suppose in short my question is that would this void my whole AST if that part of it is illegal???
Any suggestions as to what I need to do next ?
Many thanks in advance

Sorry for the ramble!

Last bit first - the illegal bit does not void your contract. it does mean that it is unenforceable which is good news because if you follow the advice below he/she will have to get the repairs done.

Next bit - the repairs. There is a procedure you need to go through re: repairs. Follow the steps in the link:

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/landlord_refusing_to_do_repairs

Have you thought about moving?

witsend2014

Ok thank you
Yes we asked for a surrender but he has said no. We are out of here in approx 7 months though!
I just think that it is only fair that he carry's out the repairs even if we will be moving at the end of the tenancy.
I shall have a look at the shelter site thank you. Eveb though I have already written to the LL via the agent do I still need to start from step 1 on the shelter site or would having already informed them count for anything?
Many thanks

topdaddy_2

witsend2014 wrote: »

Ok thank you
Yes we asked for a surrender but he has said no. We are out of here in approx 7 months though!
I just think that it is only fair that he carry's out the repairs even if we will be moving at the end of the tenancy.
I shall have a look at the shelter site thank you. Eveb though I have already written to the LL via the agent do I still need to start from step 1 on the shelter site or would having already informed them count for anything?
Many thanks

Doesnt sound like you have informed in writting so it counts for very little.Soz.

pmlindyloo

witsend2014 wrote: »

Ok thank you
Yes we asked for a surrender but he has said no. We are out of here in approx 7 months though!
I just think that it is only fair that he carry's out the repairs even if we will be moving at the end of the tenancy.
I shall have a look at the shelter site thank you. Eveb though I have already written to the LL via the agent do I still need to start from step 1 on the shelter site or would having already informed them count for anything?
Many thanks

Have you written a letter or sent an email? Sent to the LA AND the LL? (his/her address should be on your contract.)

Personally I would be making sure that BOTH receive copies (you keep a copy too and post from post office and keep receipt - if you want to be doubly sure send both from 2 different post offices) Don't send by recorded delivery as they can refuse to sign.

The thing about the procedure is that you need evidence that you have followed it correctly.

Up to you though. If you feel that step one has been covered - ie. you received some response (sorry, can't remember - did he say that he refused to do the repairs because he couldn't afford it? - have you got this documented in any way?)

Certainly if he has said this then go to step 2 and quote date when this was said in the letter.

witsend2014

Hiya

I don't have any contact details for the LL so all emails are via the LA and they pass them on.
The last email I had from the LA after forwarding the damp report we got done said that the LL has not agreed to any works at present.
As for the window repair I have emails that I have sent regarding the repair but no responses as to why it hasn't been actioned. The LA during a phone call said the LL thinks the quote was too expensive. (this repair was first reported in august)
Apologies my mistake I only have to stay a further6 months not 7 months !

witsend2014

I think it may be worth mentioning that we didn't have a working toilet for approx 7 weeks...this was seen as OK by the LL . We have had several leaks from the bathroom one is still present. The repair time was a joke. This is just the kind of guy he obviously is. All the time he is getting his rent he just doesn't care.
He lost his temper with my husband a few weeks back and threatened to 'smash him up'. Clearly not a nice man.

mankybikol

witsend2014 wrote: »

Hiya

I don't have any contact details for the LL so all emails are via the LA and they pass them on.
The last email I had from the LA after forwarding the damp report we got done said that the LL has not agreed to any works at present.
As for the window repair I have emails that I have sent regarding the repair but no responses as to why it hasn't been actioned. The LA during a phone call said the LL thinks the quote was too expensive. (this repair was first reported in august)
Apologies my mistake I only have to stay a further6 months not 7 months !

Landlord have the duty for your safety and upkeep failing so you can sue him later for breach of contracts, do look at Shelter and maybe even legal aid , even look at the Small claims process

topdaddy_2

witsend2014 wrote: »

Hiya

I don't have any contact details for the LL so all emails are via the LA and they pass them on.
The last email I had from the LA after forwarding the damp report we got done said that the LL has not agreed to any works at present.
As for the window repair I have emails that I have sent regarding the repair but no responses as to why it hasn't been actioned. The LA during a phone call said the LL thinks the quote was too expensive. (this repair was first reported in august)
Apologies my mistake I only have to stay a further6 months not 7 months !

Dont email send hard copies. Registed would be good too.

witsend2014

Ok will get on to it now.
Many thanks for your help

dimbo61

The LA may refuse to sign for recorded delivery letters.
You need to do this by the book !
LL is a total !!!! and the LA are just as bad by being his agents.
You need the Landlords address so write a letter with pen and paper to the Letting agent asking for this. Check with CAB and shelter how to word this letter ( they will have a template )
By law they should supply this within a set time period.
You can pay £3 to the Land Registry to find out who owns the property and registered address. This will also tell you if a loan/mortgage is on the property and who the lender is.
If the registered owner is at your address he may be renting out the property without consent to let.
Maybe a letter to the lender pointing out that you are renting the property and the terrible condition of the property.
Get the local council in to inspect the property EH can force him to do repairs but this will !!!! him off.
If you are a Huge pain in the bum he may ask you to leave early ! Result ?
Any threats report to the police. Record any conversations with the Landlord
If he turns up at the property or phone conversations.
Keep the fact that the deposit was not protected in time until you leave.
Take lots of good quality photos showing the poor state of the property.
Email them to the Letting Agents, local press,