Letting Agent Dis-Instructed - Advice As Tenant

Guest101

Adam_Howlett wrote: »

"A loose seal, on a window that's open all the time anyway, does not render a room unusable. "


The window is closed when the child is in the room. The water has got inside the double glazing unit, under the window ledge inside the property and behind the plaster. The water will keep entering the property any time the weather is bad until the seal is fixed. Us keeping the window on the vent will stop condensation but won't stop the fabric of the property from becoming sodden due to wind and rain.


“
My son stepped out of the car and turned his ankle in one of the holes
” Should have looked where he was stepping, then.



This is a driveway, when the car is on the drive the only place to step is into the holes and hope for the best. The car can't be kept on the road and the drive is the only option.


the property was on the market for sale for a good year or more before we rented it. Zero maintenance has been done in that time or since we moved in.

So why on earth did you keep signing 12 month leases?

Jugger

I had moved my family of 5 in with my parents due to our previous landlord selling our property. After spending 6 months there with no suitable properties being available we ended up here. Nothing has come up since we have been here. The rental market in the area is extremely slow and we want to keep the children in the same schools and not change Drs. We have tried to make do as much as possible until it has become too much of an issue.

KingS6

I would see if you can gain your landlord's personal name and address details from the letting agent. This is done under Section One of the Landlord and Tenant Act 1985. Make the request in writing and they have 21 days to reply. The problem is that if they have "de-instructed" themselves and are no longer acting on his behalf they may no longer be legally obliged to disclose the information.

However it's worth a punt. If you get given the information, write to the LL directly at their address and await a response. Unfortunately with you with holding your rent you have weakened your bargaining position. As other forum members are stated you could just allow Section 8 to be served and look elsewhere. Please be aware the landlord could give a poor reference or do whatever they can to make you renting again difficult.

I would give the Shelter charity a phone call and get them to weigh in on the situation. It's free and their advice is pukka. You say there is burnt out sockets due to water ingress. Surely if the property has dodgy electrics that will play massively in your favour for getting your Local Authority to force the landlord to make essential repairs.

Either fight this for everything you think it is worth or cut your losses and make good an exit strategy.

FBaby

Window: when did you report it and what has been the response? It seems silly to let this get to where it is now just because of a window seal. If I was the landlord, I would certainly pay for this if it meant keeping mould away.

Driveway. Who is responsible for the maintenance of the garden? You say that it has got bad because of weather and weed. If you're responsible, then it is indeed your problem.

The other issues have been dealt with, you can't say the leak hasn't been sorted because you speculate the problem will come back. It will be a problem when it does.

I don't think your reasons justifies stopping payment at all. Clearly there are some issues with the home, maybe because it is older. The question is whether what you pay reflects its states. If you are paying the same than a brand new home of the same size in the same area, then I would certainly have moved long ago. If however you are paying reasonably less, well you are getting what you are paying for, a house with issues, not nothing significant.

martindow

Your local authority environmental health department can can be involved to get work done. You can also pay for repairs out of your rent, BUT there is a strict procedure that must be followed if you choose to do this - ask Shelter for details.

However a lot of the things you mention seem minor to me. The window, driveway concrete and gate for instance are cosmetic. If there are obvious holes in the drive you need to take care as the hazard is evident.

Of the items you mention, the electrical sockets with water running through them sound much more serious and would be top of my list.

D_M_E

Landlord lives abroad.

If the address for serving notices was that of the letting agents, and the agents no longer work on behalf of the landlord, then there is no longer an address for serving notices in the UK so therefore you can stop paying rent - put it in a savings account - until such an address is supplied.

That's how I would see it.

Guest101

D_M_E wrote: »

Landlord lives abroad.

If the address for serving notices was that of the letting agents, and the agents no longer work on behalf of the landlord, then there is no longer an address for serving notices in the UK so therefore you can stop paying rent - put it in a savings account - until such an address is supplied.

That's how I would see it.

That's not correct. There is an address in England and wales for the purposes of serving notice.

G_M

KingS6 wrote: »

I would see if you can gain your landlord's personal name and address details from the letting agent. This is done under Section One of the Landlord and Tenant Act 1985. Make the request in writing and they have 21 days to reply. The problem is that if they have "de-instructed" themselves and are no longer acting on his behalf they may no longer be legally obliged to disclose the information.

.

Landlord & Tenant Act 1985

1 Disclosure of landlord’s identity.

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—


(a)any person who demands, or the last person who received, rent payable under the tenancy, or
(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,


that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.



(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

There is an address in England and wales for the purposes of serving notice.

Indeed (at least presumable the agent's address was provided).

If the agent fails to pass on notices to the landlord, for whatever reason, that is not the tenant's fault, and is the landlord's problem.

It is for the landlord to ensure the address provided is monitored, or to provide a new address.

But since an address was provided (however inappropriate now), rent is still due.