Is it legal to rent out a property if the boiler is held together with gaffer tape?

Smodlet

This is the property next door to us, just had a long conversation with the very young, very pregnant, very scared young lady resident, who tells us the boiler is falling to bits, the flooring is full of holes and therefore a trip hazard and there is a light switch which she thinks is unsafe. The landlord has raised the rent £25 p.c.m. since the last tenant left yet has not even cleaned the place; animal faeces on floors and skirting boards, which a pregnant person should not even be touching (toxicara)

Surely, there must be something she can do? I suggested calling the council but she is terrified she will be evicted if she dares to complain, which I understand.

Somebody, please help; she is paying the rent and will not cease to do so, so the landlord has no excuse at all, not that renting a property in this state is excusable. Please can someone offer helpful suggestions? Why is it always the poorest who suffer the most and have the least justice?:mad:

Pixie5740

She decided to rent a place covered in faeces?

If there's a gas boiler then there must be a gas safety certificate issued with in the last 12 months. If there isn't one then she can report the landlord to the HSE.

Has she written (ink, paper, stamp) to the address for the serving of notices given in her TA reporting her concerns and the repairs? If not that's the first step. If after doing so the landlord still doesn't do anything then she can escalate the matter to the council. If the tenancy started after 1/10/15 then the landlord cannot issue a retaliatory section 21 because she has requested repairs.

Edit: It might be q good idea for your neighbour to contact Shelter.

Cakeguts

Did she view the property before she decided to rent it? I agree that it should have been cleaned between tenants but it would have been dirty when she viewed it and it would have been obvious that it needed some work doing to it so why did she rent it?

She needs to ask immediately to see the gas certificate. If nothing is done about this property she will need to contact the council.

Pixie5740

She should get a CO alarm if she doesn't already have one.

xylophone

Go round there with a couple of pairs of rubber gloves, a gallon of disinfectant, a shovel, two buckets and a scrubbing brush and apply some elbow grease?

hazyjo

I've bought houses that haven't been clean. Surely the obvious solution would be to clean it herself or get someone to assist as I did. Yep it can be dangerous but doubtful after what I presume is 6 months min if she's had a rent increase already, and she can add gloves and a mask if she's that bothered. Tbh, just a flash wipe would do. Eww. I find it harder to believe she's left it more than I do the previous tenant leaving it!

As above, why didn't she view it?

Follow above advice re boiler, etc.

Jx

G_M

1) boiler.
The LL has a legal duty to
a) ensure it is safe and
b) give the tenant a valid (12 month) safety report.

If the tenant thinks either a or b has not been complied with, step one is a letter sent to the LL at the address "for serving notices" which is usually on the tenancy agreement (Landlord and Tenant Act 1987 s48).

See HSE here for more on gas safety.

Buying her own CO alarm (£11?) is also a sensible precaution.

2) dirt and faeces.
a) to avoid arguments at the end of the tenancy, the tenant should
i) not sign any inventory unless it accurately describes the condition of the property
ii) write politely to the LL (as above) and keep a copy, reporting/recording the facts for the future
iii) take dated photos to keep

b) optionally also write to the LL stating that the property is a health hazard and requesting the LL arrange professional cleaning. Alternatively, clean the property or pay a cleaner

c) Ultimately another option is to involve the council's Environmental Health officers. See below for how doing so can also protect against eviction.

3) Repairs.
All repairing issues (floors, electrics etc) should be reported to the LL in writing as above

4) the rent is irrelevant. She agreed to pay it.

5) just to check the LL has complied with other legal requirements, when she moved in, was she given:
* government leaflet "how to rent"
* EPC
* Gas Safety Certificate
* smoke detectors on each floor
* if she paid a deposit, a) was it registered in a scheme (check Is it registered? here) and b) was she given the 'Prescribed Information ' (see examples)?

Obviously a single, calm, polite, but clear, letter can be sent to include all the above points.

6) protection from eviction

a) how long is her tenancy? 6 months? 12 months? The landlord can only evict her early for specific reasons eg if she stops paying rent.

b) the new Deregulation Act 2015 S33 means that for any tenancy started after 1/10/15, a landlord cannot evict a tenant under any circumstances if:
* the tenant has reported issues to the LL (hence those letters are important!) and
* the tenant has complained to the council and
* the council has inspected and
* the council has issued an 'improvement notice' to the LL

c) if her deposit was not registered within 30 days of paying, the LL cannot evict her even at the end of her fixed term (6 months/whatever) - see 5) above to check

7) other links that might be helpful:

Landlord & Tenant Act 1985 (s10 Fitness for human habitation & s11 Repairing obligations)

Landlord and Tenant Act 1987 (s48: Address a tenant should use for notices to the landlord)

Shelter (Repairs in private rented homes)

HSE (Gas Safety Certificate rules)

ESC (Electrical Safety Council - Rules)

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (from 1/10/15)

How to rent (mandatory government leaflet)

Housing Health & Safety Rating System

Ronaldo_Mconaldo

Come on, OP. Your story falls to buts straight away. Why did this very pregnant, very poor, very young et etc rent a place out that was covered in animal !!!!? Did the landlord force her to take it? Did this all happen in a dream you had?

glasgowdan

Not to mention the fact she's been in there at least 6 months and not even cleaned the place, yuk! Where's the poor girls man?

moneyistooshorttomention

I've read it as the tenant has only recently moved into the place. Chances are that she did view it before moving in - but the landlord promised her all sorts re he would clean the place before she moved in.

I find it perfectly understandable personally that she would have taken the landlord at his word that things would be sorted out before she moved in - as it's easy to be naive and believe what you're told when you're young (ie before a few decades of let-downs/lies/etc have made you cynical).

In OP's position - I'd probably be sympathetic and get in there with my rubber gloves and help her clean it. But that doesnt solve how to get the boiler problem resolved without "officialdom" being put onto the landlord, with the resultant risk of him giving her notice.

tacpot12

You cannot hold the important parts of a boiler together with Gaffer tape. Gaffer tape will not hold water under pressure nor gas. The Gaffer tape will be to hold a cover in place, or support some non-structural part. If the tenants doesn't like the gaffer tape 'look', why did they rent the place?

Tenants need to look at the property and ask themselves "What does the state of the property say about the Landlord?" All too often bad landlords reveal their lack of care and compliance in the state of the properties they present. It is obvious to anyone who cares to look.