Complicated Private Rented advice!

Tony_9271

I am working with a family however not on the above issue BTW
But very worrying things have come to light regarding their tennancy.
The issues are: 1, They have no tennancy agreement. 2, The house is covered in mould and leaking everywhere from the windows (which are rotting) and ceiling. There are buckets placed downstairs to catch the water and obviously heating the home is just piontless. 3, The family pay the landlord in cash (I know!) who is refusing to carry out any repairs.
Has anyone got advice on where they stand, or where I could point them? Surely this is illegal?
Many thanks if anyone can help/offer advice

Guest101

Call shelter. This is simple in theory, but in practice the LL sounds like a candidate for an illegal eviction special

stator

The good news is that they do have a tenancy agreement, it's just not written down. The landlord can't just evict them because they do have rights.

Shelter are a great charity who provide advice on many things, included landlords who refuse to do repairs:
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/landlord_refusing_to_do_repairs

Did they pay a deposit? If so it needs to be protected, that is the legal requirement and if he hasn't done this they could sue him for 3x the deposit.

They may want to consider changing the locks, because he sounds like a very bad landlord who might try all sorts of illegal things.

Tony_9271

Thank you, I will call Shelter. Could I just ask what you mean that the LL is up for eviction special? Apologies but I'm really out of my depth with housing issues :embarasse
Just to add that the husband was made redundant two weeks ago and doesn't think they will qualify for social housing?

Pixie5740

They live there and pay rent to live there so a tenancy does exist.

When did the tenancy start? (When did they move in and start paying rent?)

Where is the property? England, Wales, Scotland, Northern Ireland?

Did they ever pay a deposit?

Tony_9271

Tenancy started two years ago
It's England
They paid a cash deposit which the LL is denying

Prothet_of_Doom

I think they mean that the LL is the sort of person who ignores all the rules, both moral and legal, and therefore would be the sort of person to attempt to evict someone in a completely CRIMINAL way.


Probably a very nasty sort of person, who uses "Danny" to sort out his business problems using a baseball bat.

Pixie5740

What do the family want to achieve here? The property sounds horrible and the LL sounds dodgy. Whilst they could report the repairs to the LL and eventually escalate this all the way to the council, would it not be simpler just to move?

It sounds like they have a Contractual Periodic Tenancy which means the LL can serve a Section 21 and start the process of gaining possession of the property. That's assuming he does things by the book which is doubtful.

Being made redundant isn't necessarily a barrier to getting social housing. Making yourself intentionally homeless would be though.

£10 says this LL is not reporting the rental income to HMRC.

G_M

Tony_9271 wrote: »

The issues are: 1, They have no tennancy agreement.
If they pay rent and receive accomodation in return, they have a tenancy. It is verbal rather than written, but just as legally valid.

(unless the landlord also lives there? In which case they are lodgers with few rights)

2, The house is covered in mould and leaking everywhere from the windows (which are rotting) and ceiling. There are buckets placed downstairs to catch the water and obviously heating the home is just piontless.
Have they reported this, in writing (letter) to the landlord?
Do they have an address "for the serving of notices" on the LL? If not, they do not have o pay rent and should stop paying (but set the rent aside as it is payable once the LL provides an address) See Landlord and Tenant Act 1987 section 48
Have they reported to Environemental Health at the council?
They can follow the Shelter process on repairs.

Shelter (Repairs in private rented homes)


3, The family pay the landlord in cash (I know!) who is refusing to carry out any repairs.
1) do they get receipts? If not, why not? Stop paying till receipts are provided.
2) did they pay a deposit? Did they get a receipt? Is the Deposits registered?

Has anyone got advice on where they stand, or where I could point them? Surely this is illegal?
Yes. Follow Shelter advice
Or contact EH.
Or leave.
Many thanks if anyone can help/offer advice

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Tony_9271

'Danny' has already been round on a couple of occasions

Tony_9271

They just want a basic property without living in 'near squalor'
The council have told them that they will need an eviction notice from the LL to make themselves un-intentially homeless to qualify for social housing