Landlord in breach of human rights

lincroft1710

The building is for commercial use

The building is not for residential use.

The laws governing commercial rents are different from the laws governing residential rents.

The people living there should not be living there and are not complying with the terms of their tenancy.

If the tenants think the rents are too high then they should not renew their tenancies.

Cakeguts

It is nothing to do with the agent. The 100 people who live in these commercial units are the ones that you should be blaming. The people who live there are breaking the rules.

You say that these are commercial units and then you say they are storage units? What are they?

If you don't like the rents for these units you need to find somewhere that you do like the rents no one is forcing you to rent one of these units?

It sounds as if the place is dangerous so find somewhere else to rent a unit.

G_M

So

1) This is a commercial property
2) Individuals are renting spaces within it and living there illegally
3) they are voluntarily paying an excesive rent for these spaces in the hope/expectation that the landlord (and his agent) will turn a blind eye to their illegal use of the property
4) the condition /state of repair of the property is not up to 'habitable' standards, because it is a commercal property.
5) the occupants are unhappy that this commercial property is not being maintained to a 'habitable' standard

Does this more or less sum up the situation?

So, the options open to the occupants are:

* inform Environmental Health that the building is not up to habitable standards. EH will then eventually force the occupants to stop using the property for a non-commercial use

* inform the police, or council, or some other authority I can't quite identify, that the LL is charging an excessive rent for the spaces. Since this is a matter of civil law, based on the law of contract, no one will take action (except perhaps to advise EH - see above).

* take legal action through the courts against the LL for.... um.....
- charging excesive rents? No chance.
- failing to maintain the building? It's a commercial building, commercial contract, and probably the tenants are responsible for upkeep
- forcing people to sign the contract with manaces? I can't really believe they were forced to sign. They could refuse and walk away

I'm afraid there are really two realistic options:

1) they (all?) move out

2) they accept the condition of the property, and the rent, and continue to live there illegally

zenech

So you are telling me that is perfectly legal and lawful that this agency is profiting from the situation and harvests new tenants (thus keeping prices up) telling them that is ok to live in (otherwise the price would go down), but then offering a contract which states otherwise, assuring that he will keep constantly a blind eye (or rents down).
I mean.. There must be something that is not quite legal, in this position. I would like to know what.
As I understand tho..
Would it be possible for all this people to go to the council informing it that they do live there, so different conditions apply. I mean, would it be possible to force then the agent to sign a domestic contract safegarding the position of the tennants?
cheers

GDB2222

It sounds, though, like the agents are not just turning a blind eye. They are deliberately producing false leases, knowing that the property is being used residentially and with intention in mind.

zenech

GDB2222 wrote: »

It sounds, though, like the agents are not just turning a blind eye. They are deliberately producing false leases, knowing that the property is being used residentially and with intention in mind.

that is the point. The tenants are just artists and students looking for something affordable near the city.

glasgowdan

zenech you're not going to get many people on your side with constant regular emotive language. That's the way it is sorry.

I'd love to see someone tried for 'gangsterism' though!

G_M

but the bottom line is that any action against the LL/agent, or any attempt to use the courts, the law, the authorities etc, is going to eventually result in the prohibition of the use of this commercial building for residential use.

Yes, the LL might get charged with.... errr... gangsterism, and get his come-uppance. But the residents will have to move.

kinger101

zenech wrote: »

So you are telling me that is perfectly legal and lawful that this agency is profiting from the situation and harvests new tenants (thus keeping prices up) telling them that is ok to live in (otherwise the price would go down), but then offering a contract which states otherwise, assutin that he will keep constantly a blind eye (or rents down).
I mean.. There must be something that is not quite legal, in this position. I would like to know what.
As I understand tho..
Would it be possible for all this people to go to the council informing it that they do live there, so different conditions apply. I mean, would it be possible to force then the agent to sign a domestic contract safegarding the position of the tennants?
cheers

Nobody is telling you it's legal. Just that you're not in a position to ask the landlord to break the law according to your preferences.

GDB2222

G_M wrote: »

but the bottom line is that any action against the LL/agent, or any attempt to use the courts, the law, the authorities etc, is going to eventually result in the prohibition of the use of this commercial building for residential use.

Yes, the LL might get charged with.... errr... gangsterism, and get his come-uppance. But the residents will have to move.

That's totally right, if the OP gets the authorities involved. However, not necessarily right if the OP goes to court himself on the basis of the LL not complying with the residential tenancy rules. No guarantee of success, though.