Rented property 20+ years - neglect

hinton7

So my mother has rented her property for over 20 years. Landlord has never done works, no gas safety check, repairs, nothing. Only fitted a new boiler after 20+ years, 3 days ago because council ordered him to.

Mum has suffered over the years, now has been discharged after being treated for pneumonia.

After a bit of advice, can we legally sue landlord for neglect?

theartfullodger

Sorry to read your story. Is this England? Is the landlord a private individual or council or housing association (or the crown, or a housing co-operative....)

Does your mother have an Assured Tenancy??
http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_tenancies
(That she has signed an Assured Shorthold Tenancy may not mean she has one..)

What actual financial losses has your mother suffered?

I would start with a calm polite letter from mum to landlord (yes, WRITE! - keep copy) listing issues. See here for draft...
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/reporting_repairs_to_a_landlord

Why did she not take action over the past 20 years, please?

"We" can't sue: Mum could: She might not win. I CAN sue Dave Cameron for being a smarmy PO fella.....

paddedjohn

Why did she put up with it for 20 years?

G_M

No she can't sue for neglect.

She can however force the landlord to undertake certain repairs & maintenance, but seemingly she knows this already since she has apparantly got the council to force the LL to install a new boiler.

What ese needs doing?

See also

* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new protection (2015)

dancingfairy

I don't think your mother can sue as it was her decision to stay there and continue renting it.
It is a shame she didn't know her rights but hopefully now she will be a bit more clued up and can stand up for herself and get essential repairs done.
Df

glasgowdan

What a stinking attitude, "can we sue"!

Why?

Will money make your mother better? Of course not. Move to another rented property if it's that bad.

fairy_lights

If it's that bad why didn't she move out years ago?

hinton7

Money is not issue. What i am getting at is, the landlord has NEVER done anything to the property. He has basically let the house rot. Never abided by ANY laws in regards to Gas Safety Checks, Running Hot Water, Heating and single glazed windows... We are not after money, we are after the LL getting some sort of punishment for going back to india, collecting rent money and avoiding his tennant. I can count on one hand how many times i have seen him.

No need for peoples snotty comments.

theartfullodger

So is there no agent? If so unless he has provided mum with paperwork from HMRC she should be withholding 20% of rent for taxman. Problem is, if that is the case, taxman will want a lot of money for past 20 years.
(This applies regardless of which non-UK country a landlord is residing in).

Does she have an address in England or Wales "for the service of notices" on him?? If not no rent is due.

May I please, politely, calmly & hopefully not snottily, repeat

What actual financial losses has your mother suffered?

I would start with a calm polite letter from mum to landlord (yes, WRITE! - keep copy) listing issues. See here for draft...
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/reporting_repairs_to_a_landlord

Why did she not take action over the past 20 years, please?

Cheeky_Monkey

hinton7 wrote: »

Money is not issue. What i am getting at is, the landlord has NEVER done anything to the property. He has basically let the house rot. Never abided by ANY laws in regards to Gas Safety Checks, Running Hot Water, Heating and single glazed windows... We are not after money, we are after the LL getting some sort of punishment for going back to india, collecting rent money and avoiding his tennant. I can count on one hand how many times i have seen him.

No need for peoples snotty comments.

I assume you are referring to people asking why she put up with it for 20 years. A perfectly reasonable question IMO and one which you seem reluctant to answer.

hinton7

Mum had no choice to put up with it as the council did not want to know. Cannoy withold rent as the housing pay it straight to LL. There is no agent no. When we asked if he wil do the work, he used to always say, you fix i pay you.