renting advice

dopeysue

I am privately renting a property and have brought a number of repairs to the attention of my letting agents, although some of the items have been dealt with, there are still a few outstanding repairs to be done, i've also asked the local Environmental Health to do a report on the house.
I have advised my letting agents that I will not pay the rent until all the repairs have been completed (including any identified by the local council) my rent was due on the 18th of this month and the letting agent has started making noises that my landlord may start legal proceedings against me, they have also suggested that they may not make any further repairs until the arrears have been paid.

A friend has told me that I can be evicted if I don't the rent due on the 18th of next month, as I will be two months in arrears, but surely I won't be two months in arrears until the 18th October?, also I cannot see a court evicting me and my children if we have consistantly complained about repairs that are needed?, can I also claim compensation from my landlord for the distress caused to me?, finally, can I get the repairs done and either deduct the costs from the rent? or send the bill to the landlord?

Thanks

olly300

The LL can start to take court proceedings if you don't pay your rent by 19th September.

The legal advise that will be given to you by any housing advice organisation is to pay this month's rent.

You are not entitled to any compensation for the LA or LL not doing the repairs.

Telephone calls or verbal conversations are not much use in legal situations as it's your word against another person's, there as anything written cannot be denied. So if you didn't pay your rent and the LA started eviction proceedings you wouldn't be able to prove when you complained.

You cannot make a LL or LA do repairs but what you can do is:
1. write a formal letter to the LA asking for the repairs to be done. You need to list each repair separately in the letter giving 28 days for them to do the repair. If the repair involves water, electricity or gas safety ask for that repair to be done in 14 days. I also suggest you add to this letter the date and time the LA informed you that they wouldn't do any repairs unless you paid the rent.


2. After 14 or 28 days you need to send the LA another letter informing them that if the repair is not done within 7 days you will get a 3 written quotes for each repair, you will take the cheapest quote and get the repair work done.

3. After 7 days if the repair is not done you then get the 3 written quotes, do the repair and send the LL a copy of the bill asking to be reimbursed.

4. When they refuse to reimburse you, you then write a letter to them before the rent is due stating that you are taking the cost of repair out of the rent.

All letters to the LA should be sent by recorded delivery or hand delivered with a witness (someone over 18 and preferably not a family member) so that you have proof that they have recieved them. Put hand delivered on the envelope and get the witness to sign a one line statement stating they were with you when you delivered the letter.

You need to keep a copy of all letters that you send to the LA and all written quotes until you get your deposit back from the property whether this is months or years down the line. In addition if the LA speaks to you on the phone I would advise you to write a letter to them stating what they said to you. (Keep the letter brief just state date and time of conversation and the main points in bullet points.)

If they then try and take you to court for not paying the rent they will not have much of a legal leg to stand on as you have proof of their refusal to do repairs. Also if they keep your deposit then you have proof that they have no legal grounds to as they refused to do repairs.

msmicawber

Hi, frustrating as it is for you, I think your friend may be right. What does your tenancy agreement state about the landlord's responsibilities? I think you should write to the letting agents with a copy to the landlord pointing out where they have breached the contract, but please pay your rent otherwise you too are in breach and you won't have any position to bargain from.

PoochyChoo

well, move out. find somewhere else for you and your kids that doesnt need as much repair.

repairs or not you are still LIVING there, so pay the man his rent, i have tenants in my house that dont seem to realise that the rent pays the mortgage !! if you dont pay him, he cannot in turn pay them, and you will be evicted if it gets reposessed... so why should you not pay any money to stay in HIS house?????????????

i dont even see why you think you should withhold rent anyway. you move out if you dont like the house, not stop paying the rent !!!

i think i would be rubbing hands with glee if you have been making all these complaints all the time, then not paying the rent means he can get you out, i would get you out asap. mend the repairs, then get someone else in.

go find another house to live in. you obviously dont like that one.

and you want to claim compensation from him?????????????????????????/

i know this all sounds a bit rough, but why cause trouble? just move out. find somewhere else.

dopeysue

olly300 wrote: »

The LL can start to take court proceedings if you don't pay your rent by 19th September.

The legal advise that will be given to you by any housing advice organisation is to pay this month's rent.

You are not entitled to any compensation for the LA or LL not doing the repairs.

Telephone calls or verbal conversations are not much use in legal situations as it's your word against another person's, there as anything written cannot be denied. So if you didn't pay your rent and the LA started eviction proceedings you wouldn't be able to prove when you complained.

You cannot make a LL or LA do repairs but what you can do is:
1. write a formal letter to the LA asking for the repairs to be done. You need to list each repair separately in the letter giving 28 days for them to do the repair. If the repair involves water, electricity or gas safety ask for that repair to be done in 14 days. I also suggest you add to this letter the date and time the LA informed you that they wouldn't do any repairs unless you paid the rent.


2. After 14 or 28 days you need to send the LA another letter informing them that if the repair is not done within 7 days you will get a 3 written quotes for each repair, you will take the cheapest quote and get the repair work done.

3. After 7 days if the repair is not done you then get the 3 written quotes, do the repair and send the LL a copy of the bill asking to be reimbursed.

4. When they refuse to reimburse you, you then write a letter to them before the rent is due stating that you are taking the cost of repair out of the rent.

All letters to the LA should be sent by recorded delivery or hand delivered with a witness (someone over 18 and preferably not a family member) so that you have proof that they have recieved them. Put hand delivered on the envelope and get the witness to sign a one line statement stating they were with you when you delivered the letter.

You need to keep a copy of all letters that you send to the LA and all written quotes until you get your deposit back from the property whether this is months or years down the line. In addition if the LA speaks to you on the phone I would advise you to write a letter to them stating what they said to you. (Keep the letter brief just state date and time of conversation and the main points in bullet points.)

If they then try and take you to court for not paying the rent they will not have much of a legal leg to stand on as you have proof of their refusal to do repairs. Also if they keep your deposit then you have proof that they have no legal grounds to as they refused to do repairs.

Thanks for that, but can I be evicted on a mandatory ground of two months in arrears on the 19thSeptember (this is what I was told) my friend said that the landlord would have automatic grounds for eviction if my rent was unpaid on that date. Would I be better off paying some of the rent, thus not being two months in arrears and then I am just in arrears which as my friend said that this would only be discretionary grounds to evict and that judges won't evict a single mother on discretionary grounds.

Also where do I stand with regard to my Housing benefit, can they get the rent paid directly to the LL without my agreement?

dopeysue

PoochyChoo wrote: »

well, move out. find somewhere else for you and your kids that doesnt need as much repair.

repairs or not you are still LIVING there, so pay the man his rent, i have tenants in my house that dont seem to realise that the rent pays the mortgage !! if you dont pay him, he cannot in turn pay them, and you will be evicted if it gets reposessed... so why should you not pay any money to stay in HIS house?????????????

i dont even see why you think you should withhold rent anyway. you move out if you dont like the house, not stop paying the rent !!!

i think i would be rubbing hands with glee if you have been making all these complaints all the time, then not paying the rent means he can get you out, i would get you out asap. mend the repairs, then get someone else in.

go find another house to live in. you obviously dont like that one.

and you want to claim compensation from him?????????????????????????/

i know this all sounds a bit rough, but why cause trouble? just move out. find somewhere else.

The LL has already offered me to move out without any penalties, but I want him to realise he has a legal obligation to maintain the property to a safe and legal standard.

Why should I move out ?

msmicawber

I think you're splitting hairs here, Sue. You were asking about compensation - presumably because the landlord has not made repairs that have meant you are living in sub-standard conditions. In that case, you have two choices - you can use the contract that is in place between you (your tenancy agreement) to press for the repairs to be effected, or you can find somewhere new to live. If you stop paying rent, then you are in breach of your tenancy agreement, therefore eviction proceedings can be brought against you regardless of why you stopped paying rent. Check your tenancy agreement - from memory, mine allows the landlord to charge if rent is late by three days and if it remains unpaid after 3 weeks, then they can issue me notice. I signed this, so abide by it. I would recommend that you check what you signed agreement to.

jebervic

Dopeysue

I think you take the biscuit, you want a list of jobs doing but you aren't paying the rent, personally I think a court has to give the LL repossession of the house back if you haven't paid by the 19th Sept (but im not an expert, just an opinion) but from what i've read you probably deserve it.

A_Nice_Englishman

Where does the OP think the money to do the repairs comes from? From the rent of course. If you want the landlord to play fair and get repairs done promptly not paying the rent is not the way to go about it. Olly 300 gives good advice.

What is the nature of the outstanding repairs, by the way? Are they seriously affecting your enjoyment of the property (no hot water, heating or cooking facilities for example) or just cosmetic? When did you report them?

coal9011

Yes, dissatisfied as you may be you still should (and must) pay the Rent.

If you don't then this gives your landlord what they call "mandatory" grounds on which to evict you which in effect speeds up the whole eviction process.
Also District Judge's usually side more often with tenants in "landlord & tenants disputes" apart from where rent is witheld when they must award the landlord possession.

In any event, you can not be evicted without an Order of the Court.

If the repairs situation is unacceptable to you, and your concerns are genuine, then invest £50 or £80 in issuing a County Court claim against your landlord for an order that your landlord do these repairs and for reasonable damages (which the Judge is likely to reduce or disallow) Or as others have said look for somewere else to live.

Issuing a court claim may spur your landlord into doing the repairs? In my opinion, getting the Enviromental Health people involved at such an early stage looks bad as you should have tried harder at reaching a compromise with your landlord to solve the problems. Yet, if you had to do this because you were being ignored - then press on with a claim. "Good Luck"

daphne_descends

dopeysue wrote: »

The LL has already offered me to move out without any penalties, but I want him to realise he has a legal obligation to maintain the property to a safe and legal standard.

Why should I move out ?

Sue I really sympathise, but this is like being given a golden ticket. We're in a not too dissimilar situation and my LL wants a month's rent as compensation for me to leave.

Why I want to leave? I'm 33 weeks pregnant and there is rising damp in the kitchen, also damp in the bathroom, and in the six months I've been here they haven't found the time or money to repair a fence panel.

If it's a case of the LL not really caring about maintaining his property (as in mine) then find a private LL who does care.

This week we met a fantastic LL who is doing everything he can to make sure we can move into his house asap... and I can't wait to see the back of this place.

Good luck.