What are my rights if the LL won't fix the flood in the kitchen!

HelenRachel

Hello,

I'm sorry this is going to be a long post! Just a bit about our background. Myself and my husband have ranted this house for almost two years. Initially very happy we soon found that there was a significant damp proof problem in the kitchen which the LL had addressed by what can only be described as an episode of 'carry on renting'. They have done everything appart from anything that would fix the problem. Bottom line is that they need a new damp proof course. We've now been strung along for about 18months with this. Initially I was happy to go along with it as they were doing something and I did feel like they were trying to fix the problem.

The LL has now admitted that they can't afford to fix the problem and that we have to 'live with it' or move out. Moving out sounds like an attractive option and we have been trying to find alternative accommodation and to buy a house since Xmas but have had no luck. The other issue is that as they have essentially left the problem I now have a small flood in the kitchen every time it rains. By small flood I mean about 5mm of standing water over an area of approx 2sq m. The Lino over the kitchen floor (which we may replace at our own expense!) is socked through all the time and is slowly rotting. I'm at the end of my rope really. I'm also 6months pregnant with our first and I'm trying to finish a huge project at work before maternity leave so tbh I could live without a move right now.

Now my question is what can I say/do to get them to fix the problem without getting evicted? We're on a rolling tendency and live in England.

Can I withhold the rent without it effecting mine and my husbands credit rating?

Can I get it fixed and charge them?

If they evict us can we stay anyway? How long for? And will being taking to court to be evicted effect out credit rating?

00ec25

if you make waves with the LL then yes you [STRIKE]will[/STRIKE] can be evicted as it forces the LL to make a decision - keep fending you off or get rid. The LL can issue a Section 21 no fault notice at their discretion as soon as you are outside of any fixed term of your tenancy - so are you?

if you do not move out at the end of the 2 months S21 notice period the LL cannot physically evict you until he gets a court order and appoints bailiffs to carry you out - typically another 1 - 3 months. By that stage you will have lost the court case and be liable for the LL's legal fees on top of any rent owed etc - it will not affect your credit rating provided you pay the court within the required timescale. Don't pay the court and only then will you get a CCJ

you can withold the rent, all that will do is force the LL to take you to court for rent arrears where he will win because you have not paid the rent as per the contract...

if you want to force the repairs then you must follow the Shelter rules exactly to the letter otherwise you will be held to be in rent arrears, read here (assuming you are not in Scotland or N Ireland)
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/landlord_refusing_to_do_repairs

casperlarue

HelenRachel wrote: »

Hello,

I'm sorry this is going to be a long post! Just a bit about our background. Myself and my husband have ranted this house for almost two years. Initially very happy we soon found that there was a significant damp proof problem in the kitchen which the LL had addressed by what can only be described as an episode of 'carry on renting'. They have done everything appart from anything that would fix the problem. Bottom line is that they need a new damp proof course. We've now been strung along for about 18months with this. Initially I was happy to go along with it as they were doing something and I did feel like they were trying to fix the problem.

The LL has now admitted that they can't afford to fix the problem and that we have to 'live with it' or move out. Moving out sounds like an attractive option and we have been trying to find alternative accommodation and to buy a house since Xmas but have had no luck. The other issue is that as they have essentially left the problem I now have a small flood in the kitchen every time it rains. By small flood I mean about 5mm of standing water over an area of approx 2sq m. The Lino over the kitchen floor (which we may replace at our own expense!) is socked through all the time and is slowly rotting. I'm at the end of my rope really. I'm also 6months pregnant with our first and I'm trying to finish a huge project at work before maternity leave so tbh I could live without a move right now.

Now my question is what can I say/do to get them to fix the problem without getting evicted? We're on a rolling tendency and live in England. Essentially there is no protection against being legally evicted, as long as the LL follows the legal procedure

Can I withhold the rent without it effecting mine and my husbands credit rating? Witholding rent won't affect your credit rating unles sthe LL goes to court and gets a CCJ against you. You may howvever be issued with a S8 notice.

Can I get it fixed and charge them? There is a set procedure for getting repairs done and deducting the cost from the rent. See the Shelter website for details.

If they evict us can we stay anyway? How long for? And will being taking to court to be evicted effect out credit rating?

Being taken to court won't affect your cedit rating. If the LL corrcetly issues a S21 notice, no fault notice, then after 2 months if you haven't left he has to go to court to get a court order. If you still don't leave he has to get the bailiffs round .... then you have to leave!

Sound like you have a shoddy landlord. What else haven't they done? If you paid a deposit was it correctly protected? If required do you have an annual gas safety certificate?

If after 18 months the LL has admitted they can't afford to fix the problem then wouldn't you rather live somehere else?

HelenRachel

Hi, thanks for your replies.

Yes we are out of the fixed term period of the tenancy so only have a month notice period. I'd love to move out but have no where to go. I certainly don't want to be liable for court costs. So it looks like we are basically stuck.

The LL has done everything else they are meant too as the house is managed by a LA who has been very good generally just the flood in the kitchen.

Not sure what else we can do really?

00ec25

HelenRachel wrote: »

Not sure what else we can do really?

you can follow the Shelter rules as above but in so doing are taking a gamble on whether the LL will decide (or the LA will advise their client so the LA gets new fees for a new tenant) to evict you in retaliation

SerialRenter

Might be worth talking to the environmental health officer at your local council if you're worried about the shelter procedure route, although unfortunately the outcome will be the same: retaliatory eviction.

HelenRachel

Can they claim the deposit if I don't pay the rent?

casperlarue

HelenRachel wrote: »

Can they claim the deposit if I don't pay the rent?

No, but its a quick way to a S8 notice

HelenRachel

So it says in the contract that the LL has to

'Keep in repair and good working order the structure and exterior of the property'

And

'To repay the Tenant any reasonable costs incurred by the tenant to remedy the failure of the LL to comply with his statutory obligation as stated in the tenancy agreement'

And

'To return to the tenant the whole or proportion of the rent payable and paid in advance for any period where the whole or any part of the property is rendered uninhabitable or inaccessible by means of fire or any other risk insured by the LL' (unless its our fault I'm paraphrasing)

Can I make use of any of this?

anselld

What you have described (i.e. water ingress when it rains) does not sound like a damp proof course. DPC is there to stop damp rising from the ground and soaking up the wall. It isn't there to stop rain penetration and it doesn't have much effect on the floor.

I would also recommend Environmental Health...
(a) they can take enforcement action
(b) they might actually be knowledgeable enough to spot the real cause.

HelenRachel

Thanks for your advice everyone.

Just spoken to the LA and the word from the LL is we can move out if we like as she's not going to do anything. I think any action we take that causes problems will meet with us being evicted

Think we're going to put up n shut up till baby arrives (don't want to move bc of hospital and anti natal care) and then move pretty quick once baby arrives! No wonder were a nation of home owners, renting is a mugs game with this type of LL!