Bad Landlord help

leebaker317

Hi all
We have been renting a property for the last 5 years, no deposit, no contract,, an agreement between friends.
We have now been told the landlord wants the property back due to him splitting with his partner( 3rd time in 5 years).
We have always struggled to get things repaired, very damp living room with a leaky chimney, never had a gas safety certificate, we know he lied to the mortgage lender regarding the propertys' useage and forgets to tell the tax man of the extra income.
We have got the housing inspector coming to inspect on Tuesday, as we have all been unwell, myself now having to use an inhaler twice per day to help breathing/coughing.

The notice to quit letter he wrote us, looks likely to be invalid due to missing key parts.
Anyone got any experience in this misery?
Cheers in advance
Lee, Sas and 2 boys,5&7.

anselld

Well it sounds like you would be better off looking to move elsewhere so what is the problem?

Once you have concluded this is not a very good friend, report the lack of gas safety certificates here ...
https://extranet.hse.gov.uk/lfserver/external/lgsr1

... and tax evasion here ...
https://online.hmrc.gov.uk/shortforms/form/TEH_IRF?dept-name=TEH&sub-dept-name=&location=39&origin=http://www.hmrc.gov.uk

HelenRachel

Why would you want to live there if the house has made you all ill? You've got two little boys move out!

leebaker317

We have started to look but in the situation of no spare cash for deposit, etc, time will tell.
Cheers for replying

dancingfairy

Well I believe you do have a contract, just not a written one (from what I understand). Do note a notice to quit is just a notice. He would have to go to court to enforce it, and it may well not be valid (in which case he'd fail and have to start again).
It might be worth ringing Shelter and talking to them about things, especially about applying for housing help (I don't know what the housing list is like where you are).
df

G_M

leebaker317 wrote: »

Hi all
.....
We have now been told the landlord wants the property back due to him splitting with his partner( 3rd time in 5 years).


The notice to quit letter he wrote us, looks likely to be invalid due to missing key parts.

There is no such thing as a notice to quit.

The LL needs to serve you a S21 Notice, which is a notice requiring possession, after which the LL has to apply for a court possession order.

Pixie5740

G_M wrote: »

There is no such thing as a notice to quit.

The LL needs to serve you a S21 Notice, which is a notice requiring possession, after which the LL has to apply for a court possession order.

Unless the property is in Scotland then there is such a thing as a notice to quit. If the tenancy has lasted for 5 years and no contract or AT5 form was signed then the eviction process goes as follows:

You will be served with a notice to quit.
You will be served with a notice of proceedings.
You will be sent a summons telling you when your case will be heard in court. Your landlord also has to serve a Section 11 notice to your local council.
Your case will be heard at a sheriff court.
If the court grants an order, sheriff officers will be sent round to remove you from your property.

Pixie5740

Whichever part of the UK you are in, in your shoes I would want to get out of a house that makes my family and I ill tout de suit.

Phone Shelter (Scotland or England depending on where you are) and get in touch with the local council's housing and environmental health departments.

As your deposit hasn't been protected write to the LL (Shelter's website has some template letters) telling them you know your deposit hasn't been protected and it should have been. That might get your deposit back sooner so you can use it to move into a new home.

marcarm

Pixie5740 wrote: »

Whichever part of the UK you are in, in your shoes I would want to get out of a house that makes my family and I ill tout de suit.

Phone Shelter (Scotland or England depending on where you are) and get in touch with the local council's housing and environmental health departments.

As your deposit hasn't been protected write to the LL (Shelter's website has some template letters) telling them you know your deposit hasn't been protected and it should have been. That might get your deposit back sooner so you can use it to move into a new home.

Sounds like there was no deposit paid, not that it has not been protected

Pixie5740

marcarm wrote: »

Sounds like there was no deposit paid, not that it has not been protected

Good point

leebaker317

Thanks for all the help.
I registered with Landregistry and bought the details of the property to get the mortgage lender and will be using everything as ammo, once we have had the inspector around and housing meeting on Tuesday.
Anyone had any experience of problems with landlord not telling mortgage company about letting property?
Is it possible to back date gas safety certificate? LL is very friendly with a gas engineer who has his own company that do tests. I know when the inspector comes Tuesday he will ask for a copy of the current certificate, which does not exist but suspect the first call, from LL will be to his friend to ask a favour. I've looked online at the forms, they seem very generic, with not alot of specific model info like boiler serial numbers etc, could it be possible to easily back date a certificate?