landlord woes

mary_hinge

Hi I hope someone can offer some words of wisdom....

We are a family of 5 currently renting from a private landlord, we have lived here almost 8 years and it is time to move on. We have a number of reasons for moving mainly because we have children with disabilities needing facilities we do not have here, the house has been out grown but also it has had very little maintenance in the last 8 years and all though we have repeatedly asked for repairs they have not being completed.

We lived with out any working lights in the upstairs of the house for almost 3 years before they finally got fixed late last year. the house needs re-pointing, water sealing and new damp proofing putting in. There is substantial rising damp in the living room and kitchen. Work has previously been discussed for warmer weather as the workman felt the frost would prevent the repairs.

We are currently waiting on landlord references in order to complete on our new let, however our landlord wants to "come to some arrangement with us" before completing the references and is trying to back us in to a corner about taking responsibility for work that needs doing before he will agree to references. He also wants us to completely repaint all the rooms (even the mouldy ones)......

questions I have is what would be classed as "wear and tear" for a 8 year tenancy? Where do we stand with refusing to take responsibility for a damp problem that has been proven to be structural rather than from condensation that we have caused? can he refused to give us a reference when we have always paid rent on time and have kept the house to the best standard we could given his dis-interest to carry out essential repairs?

Thanks

Mrs H

Pixie5740

My post assumes that the property is in England or Wales.


How did you report the repairs to the LL? In writing?


Your LL can't blackmail you into redecorating in order to give you a reference. Well he can but he shouldn't. What's the point of redecorating if the damp issue hasn't been dealt with?


What was the start date of your tenancy?
What kind of tenancy do you have? Fixed term? Periodic?
Do you pay your rent monthly?
Has your deposit even been protected?

mary_hinge

Pixie5740 wrote: »

My post assumes that the property is in England or Wales.


How did you report the repairs to the LL? In writing?
phone calls, emails and documented on a house inspection check list

Your LL can't blackmail you into redecorating in order to give you a reference. Well he can but he shouldn't. What's the point of redecorating if the damp issue hasn't been dealt with?
my thoughts exactly!

What was the start date of your tenancy?march 2007
What kind of tenancy do you have? Fixed term? Periodic? we have always had assured tenancy for 1or 2 years at a time the last finished in july2014 and has just been rolling since
Do you pay your rent monthly? yes by DD on time never been late
Has your deposit even been protected?when we first signed up it was through a agent then transferred to self management our bond was protected, nothing has every been given to use to update/say it has changed so I assume it is protected

answers in red, thank you

Pixie5740

You should double check that your deposit has been protected:


http://england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes/deposit_protection_and_tenancy_deposit_schemes


It might also be worth contacting Shelter about your LL's attempts to blackmail you over a reference.


You cannot be held liable for damp and mould in a rental property that was caused by the LL not repairing the structure of the property as you have informed the LL of the required repairs.


Your LL sounds like a plum and you'll be well shot of him.

RAS

We cannot quote your answers, but if your last fixed term started in 2012 or 2013, then your landlord was required to re-protect the deposit and send you the new prescribed information with 30 days.

Did he doe that?

mary_hinge

RAS wrote: »

We cannot quote your answers, but if your last fixed term started in 2012 or 2013, then your landlord was required to re-protect the deposit and send you the new prescribed information with 30 days.

Did he doe that?

no, I have had nothing about my deposit since we paid it and signed first tenancy in 2007

mary_hinge

Pixie5740 wrote: »

You should double check that your deposit has been protected:


http://england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes/deposit_protection_and_tenancy_deposit_schemes


It might also be worth contacting Shelter about your LL's attempts to blackmail you over a reference.


You cannot be held liable for damp and mould in a rental property that was caused by the LL not repairing the structure of the property as you have informed the LL of the required repairs.


Your LL sounds like a plum and you'll be well shot of him.

:rotfl: he is just that and more, his answer to everything is not having the money.......

thank you for your help

RAS

Do you have copies of the e-mails and house inspection list. It would have been much better if you had written (old fashioned pen and paper).

Frankly, you should have asked Environmental Health to inspect. They could force action.

RAS

Assuming you are in England or Wales read these links


Deposits (Rules on deposit protection)

Localism Act 2011 (section 184 - updates to deposit scheme rules) Plain English explanation!

Prescribed Information (RLA links to various deposit schemes' documentation)

Re-issuing PI (when renewing a tenancy - Superstrike Vs Rodrigues - legal guidance)

Go check the three deposit schemes and make sure that your deposit is protected.

Rules in Scotland and NI are different.

mary_hinge

RAS wrote: »

Do you have copies of the e-mails and house inspection list. It would have been much better if you had written (old fashioned pen and paper).

Frankly, you should have asked Environmental Health to inspect. They could force action.

We did contact environmental health regarding the issues and that is what prompted the fixing of the electricals and the got the work scheduled to sort out the damp in order to prevent their involvement.

mary_hinge

our deposit is protected although has not being updated since 2010, I have just downloaded the certificate