Landlord Not Responding

patpat_2

Can somebody please give me some advice.

I moved into my rented accommodation in September 2014 with my wife and 12 month old baby boy. We signed a 12 month contract. We pay £1000 p/m. The house is being managed by an estate agent. The house was unfurnished although we agreed to keep a large sofa as the landlord (who lived in the property before we moved in) didn't have anywhere to store it. As a gesture of goodwill we agreed to keep the sofa until Christmas to help him out.
When we moved in to the house there was a list of things that should of been repaired but nothing had been done.
The light fittings that where shown in the inventory had been removed leaving just a cable from the ceiling and bulb holder. He had even taken most of the bulbs with him as well.
Other than being filthy beyond belief. The washing machine didn't work, the downstairs toilet didn't flush and the main electric fuse board was out of date and bear wires exposed.
We complained about the state of the property to the estate agent and the only thing that was put right (after a week of persistent calls) was the electrics. The landlord sent 2 of his mates who looked like they had just got out of jail round to look at the washing machine but they tried to blame me saying that the landlord said it was working before we moved in so it must of been something we had done. They made me and my wife feel very uncomfortable. They went and didn't return.
In the end, I fixed most of the problems myself and paid a plumber to fix the washing machine and toilet at a cost of £110. Since this all happened we have had a few minor problems but have not reported them as I didn't want him to send his same mates around again.
In the 4 months we have lived here, we have received more post for the landlord than we have ourselves. Most of which all say final demand on the envelopes and also some from the Police.
Last week we had bailiffs knock at the property looking for the landlord.
I gave the estate agent 2 weeks notice that i was getting a new sofa delivered and to tell the landlord that he needed his sofa removing as we had only agreed to keep it until Christmas and that had been and gone. The time came for my new sofa to be delivered and still no contact with the landlord. I was lucky enough to have a friend who can store the landlords sofa for me until the end of February.
Last week I reported that the Grill on the oven had stopped working and the seal on the oven itself had failed as the front of it gets ridiculously hot and has melted the plastic control knobs. We have stopped using the oven as we feel it is unsafe, especially with a baby now walking. Again the estate agent have told us that they can't get hold of the landlord. They have sent him emails and voice messages but he hasn't responded to anything. I have sent an email stating that if the sofa isn't picked up by the landlord by the end of February i will have no option but to dispose of it. This is something I'm not looking forward to doing as i fear its going to cause trouble but what can i do?
Also last week the landlords Father knocked round and asked if there had been any mail for his son as he was waiting for a sim card to be delivered. I explained that it had been 4 months since he moved out and surly he would of told the phone company his new address.?
Its quiet obvious he doesn't want anyone knowing his new address.

We desperately want to move out but have been told by the agent that regardless of all the problems we have had, if we break term, we will not get our deposit of £1100 back from the DPS unless we go to court. Also it would go down on our reference that we broke term.

Where do we stand.? We feel we can't hold back on a percentage of rent because of these issues in fear of the landlord sending someone similar to those who came to fix the washing machine round to collect it. We can't start looking for another property and just move out as we need the deposit back to use as our next deposit.

Its just a mess.

Can anyone help.?

anselld

Write to the agent requesting the Landlords address under Section 1 of the Landlord and Tenant act 1985. It is a criminal offence If they fail to disclose.
http://www.legislation.gov.uk/ukpga/1985/70

Also, write to them detailing all the repair issues. It may not get anything done but it will help your case when you come to reclaim your deposit.

When I say "write" I mean paper, envelope, proof of posting etc, not email.

You cannot hold back rent at this stage. see ...
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/landlord_refusing_to_do_repairs

Guest101

anselld wrote: »

Write to the agent requesting the Landlords address under Section 1 of the Landlord and Tenant act 1985. It is a criminal offence If they fail to disclose.
http://www.legislation.gov.uk/ukpga/1985/70

Also, write to them detailing all the repair issues. It may not get anything done but it will help your case when you come to reclaim your deposit.

When I say "write" I mean paper, envelope, proof of posting etc, not email.

You cannot hold back rent at this stage. see ...
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/landlord_refusing_to_do_repairs

Do all this first. But if anyone turns up, tell them to go away, call the police if they don't. It's your home, u don't need to let anyone in.

The agent works for the LL.

If you don't have an address for the LL you can withhold rent until such time as you do.

Pixie5740

Not quite. The OP can only withhold rent if an address in England or Wales (assuming the property is in England or Wales) has not been provided as the address for the serving of notices in the TA. The address may very well be c/o the LA.

OP, follow the Shelter guide to reporting repairs. You cannot start withholding all or part of your rent at this time otherwise you'll fall into arrears so keep paying your rent.

If you receive post for the LL either forward it to the LA or write, "Not known at this address, RETURN TO SENDER," and stick it in a post box.

You don't have to answer the door or let anyone into your home if you don't want to. If you're getting bailiffs turning up it might be a good idea to keep some ID close to the door so that you can prove you're not the LL.

jjlandlord

Pixie5740 wrote: »

If you receive post for the LL either forward it to the LA or write, "Not known at this address, RETURN TO SENDER," and stick it in a post box.

Do check your tenancy agreement for any clause regarding mail before returning letters to sender, though.

anselld

To be clear, T can only withhold rent in the absence of a Section 48 address. Section 48 address is normally on the tenancy agreement and is allowed to be c/o the Agent. It is not normally missing for obvious reasons.

Section 1 address is completely separate and has nothing to do with rent collection. Section 1 address given must be the actual Landlord.

patpat_2

Thank you for all your replies.

I haven't held any rent back to date and with your advice I will continue paying it in full until advised otherwise.

Ive been putting the mail back into the post box with return to sender on the envelope.

Does anyone know where i would stand from a legal point of of view regarding the landlord not getting repairs done and where that would leave me getting my deposit back?

Also, what is going to happen at the end of february when i still haven't heard back from the landlord again and I remove his sofa and take it to the dump.? It has to go. I dont have room here and my friend needs his space back?

Thanks

patpat_2

I also forgot to mention that the Estate Agent are acting as the Landlord but unfortunately dont seem to have any control as when I have spoken to them regarding the repairs, they have said that it is at the landlords discretion what repairs they get done and they can only step in when its an emergency and even then it can only be up to £250.

I do feel that the agent at some point needs to start taking some responsibility. Its as if they are as fearful of the landlord as we are?

anselld

patpat wrote: »

I do feel that the agent at some point needs to start taking some responsibility.

They don't and they can't (if the LL doesn't allow them to). They are bound by the terms of their contract with the LL. Repairs are the LL responsibility.

patpat wrote: »

Its as if they are as fearful of the landlord as we are?

They are just fearful of not getting paid if they overstep their authorisation. You have no reason to be fearful of the Landlord.

Nobbie1967

Did you sign the inventory that included the light fittings that weren't there? Was the sofa on the inventory? If not then send notice that you'll dispose of the sofa to the address you have for the serving of notices in the tenancy agreement. Four weeks seems pretty reasonable.

anselld

patpat wrote: »

Does anyone know where i would stand from a legal point of of view regarding the landlord not getting repairs done and where that would leave me getting my deposit back?

Repairs - see Shelter link above.
Deposit - check your deposit is protected in a registration scheme and use that to dispute any deductions. Deductions are for damage you have caused, nothing to do with repairs.

patpat wrote: »

Also, what is going to happen at the end of february when i still haven't heard back from the landlord again and I remove his sofa and take it to the dump.?

In this case I would be inclined to write (pen and paper again) to the address for serving notices stating that you will place the sofa in storage after xyz date and deduct the storage cost from the rent. I would not usually advocate withholding rent but this seems to warrant it provided you have given due notice of your intentions.