Issues with landlord

Orgazzz

Hi,

Thanks in advance for reading/responding.

Was renting property up until christmas and had been there over 3 years. Initially was doing it more as a favour to business partner who had previously let it to a friend. The property was in poor condition, but agreed to do rent for a low rent until he decided what he wanted to do with it. A short time afterwards my brother joined to company and agreed to move in and pay rent also, which suited my business partner as it helped him offset the cost even more whilst he decided what he wanted to do with the property. I aso agreed to an increase in rent which allowed him to cover his costs, however the property remained in poor condition and I insisted something needed to be done to improve it in line with the additional monies he was now recieivng. Unfortunately nothing was done until I organised works myself. As we co own a building company, I had to wait until a slack period and then managed to get 80% of the work done. However worked picked up again and there was no time to allow works to be completed and it has remained unfinished ever since. Late last year my business partner announced he was selling the property. This is his right, but both me and my brother felt a little aggrieved that we had to endure a substandard property for the entire period, whilst paying a combined rent of £900 per month. The property is fairly isolated and for the first 2 years had no central heating at all. There were storage heaters but these did not function, so during the colder months we were pretty much confined to our bedrooms, as the other areas were too large to heat cost effectively. Also we were without hot water for over 9 months when the water cylinder failed. There was an electric shower, but all washing/washing up had to be done with the use of kettles. During this time there was mould/damp in various areas due to 'cold spotting' and some damage occured to items as a result. Both me and my brother feel that our helth was also affected as we had a higher number of colds and flu during the colder months. To be honest we were prepared to put up with the issues as the house came with a large plot of land which we also used for storage for materials and plant in conjuncion with the building company I co-own and my brother also works for.

When my business partner announced he was selling the property I began to look around and finally moved out in December 2016. My brother has remained in the property paying the same rent. On numerous occasions agents and potential buyers turned up at the property unannounced, which was quite inconvenient to my brother. He had no issue with viewings, but made it clear he needed to be notified in advance. Some viewings took place in his absence which he was very angry about and expressed as much to my business partner. In February my business partner advised my brother that he had now sold the house and said he had to vacate by the end of the month. My brother also lets a property and informed him that he required written notice and it should allow the notice period laid down by law, which in this case was 3 months. My brother was not trying to be difficult, but had been previously informed that there was no rush and the property was not likely to be sold for some time, so needed this period to ensure he found the right place to move into. Around six weeks later he recieved a section 8/21 document from my business partners solicitors requesting posession of the property. However in this document it is also claiming arrears going back to August 2016 relating to myself. I have paid all rent up to and including December, so this part of the claim is false. Also it is claiming that my brother needs to make up the shortfall in rent for the remaining period. My business partner has made no verbal or written request to my brother for additional rent, and had he done so, my brother would refuse until the property was fit for purpose.Considering my business partners false allegations we are now looking to seek compensation for our experiences whilst letting the property. Ideally we would like to contact others who have been through this process to see how best to proceed.

Any help with the best direction to pursue would be greatfully accepted.

Thanks

Guest101

Orgazzz wrote: »

Hi,

Thanks in advance for reading/responding.

Was renting property up until christmas and had been there over 3 years. Initially was doing it more as a favour to business partner who had previously let it to a friend. The property was in poor condition, but agreed to do rent for a low rent until he decided what he wanted to do with it. A short time afterwards my brother joined to company and agreed to move in and pay rent also, which suited my business partner as it helped him offset the cost even more whilst he decided what he wanted to do with the property. I aso agreed to an increase in rent which allowed him to cover his costs, however the property remained in poor condition and I insisted something needed to be done to improve it in line with the additional monies he was now recieivng. - All so vague so far. Unfortunately nothing was done until I organised works myself. - but you didn't have permission? As we co own a building company, I had to wait until a slack period and then managed to get 80% of the work done. However worked picked up again and there was no time to allow works to be completed and it has remained unfinished ever since. Late last year my business partner announced he was selling the property. This is his right, but both me and my brother felt a little aggrieved that we had to endure a substandard property for the entire period, whilst paying a combined rent of £900 per month. - well that's unfortunate, but has no legal basis The property is fairly isolated and for the first 2 years had no central heating at all. There were storage heaters but these did not function, so during the colder months we were pretty much confined to our bedrooms, as the other areas were too large to heat cost effectively. - again that's unfortunate, but no legal basis for a claim Also we were without hot water for over 9 months when the water cylinder failed. - well that's slightly different, but too late to do anything now. There was an electric shower, but all washing/washing up had to be done with the use of kettles. - or hob heated water? During this time there was mould/damp in various areas due to 'cold spotting' and some damage occured to items as a result. - did you report this? Both me and my brother feel that our helth was also affected as we had a higher number of colds and flu during the colder months. - unfortunate, but not directly attributed to the house - lots of people get colds and flus To be honest we were prepared to put up with the issues as the house came with a large plot of land which we also used for storage for materials and plant in conjuncion with the building company I co-own and my brother also works for.

When my business partner announced he was selling the property I began to look around and finally moved out in December 2016. My brother has remained in the property paying the same rent. On numerous occasions agents and potential buyers turned up at the property unannounced, which was quite inconvenient to my brother. - so refuse entry? He had no issue with viewings, but made it clear he needed to be notified in advance. Some viewings took place in his absence which he was very angry about and expressed as much to my business partner. - so change the locks? In February my business partner advised my brother that he had now sold the house and said he had to vacate by the end of the month. - well he didnt have to. My brother also lets a property and informed him that he required written notice and it should allow the notice period laid down by law, which in this case was 3 months. - no it's not, and in any case notice doesn't end a tenancy. If your brother is a landlord he should know this My brother was not trying to be difficult, but had been previously informed that there was no rush and the property was not likely to be sold for some time, so needed this period to ensure he found the right place to move into. Around six weeks later he recieved a section 8/21 document from my business partners solicitors requesting posession of the property. - excellent. What ground of section 8? However in this document it is also claiming arrears going back to August 2016 relating to myself. I have paid all rent up to and including December, so this part of the claim is false. - and you can prove this? Also it is claiming that my brother needs to make up the shortfall in rent for the remaining period. - possibly. My business partner has made no verbal or written request to my brother for additional rent, and had he done so, my brother would refuse until the property was fit for purpose.Considering my business partners false allegations we are now looking to seek compensation for our experiences whilst letting the property. - unlikely to happen. possible but unlikely. Ideally we would like to contact others who have been through this process to see how best to proceed.

Any help with the best direction to pursue would be greatfully accepted.

Thanks

The best bet would be to have your business partner pay your brother to vacate.

Pixie5740

A tenancy exists because you were paying rent to live there but was there ever anything written down? On what grounds is the landlord claiming there are arrears?

Assuming this is England or Wales then your brother is mostly correct. If the landlord wants the tenancy to end the landlord must first serve notice (don't know where your brother got 3 months from though) that he might go to court to get a possession order because the tenancy can only be ended by the tenant or a court.

Read G_M's guide to Ending/Renewing as AST for more information.

As for your claim to compensation....forget about it. The time to do something about the repairs was during the tenancy. Did you even write to the landlord requesting the repairs? Did you escalate matters to the council's environmental health department when the landlord didn't carry out the repairs. My guess is that you didn't.

theartfullodger

Is this in Scotland?

Orgazzz

Hi Guest101,

Thanks for the reply. Doesn't appear to be a good case does it.....

Does he not have an obligation to provide hot water/heating?

I o have proof that the arrears being claimed are false (bank statements showing payments made to his account both for rent and services)

3 months notice in line with 3 years occupancy, unles we have our wires crossed?

My brother did refuse entry on a couple of occasions, but did not know he was entitled to change locks.

Section 8 if rent is payable monthly, at least 2 months rent unpaid. Currently no arrears unless he expects brother to make up shortfall in rent, which brother considers unreasonable considering property still in disrepair and no formal approach been made either verbally or written for any rent increase since my departure. Bearing in mind he works for us and pays rent in person seems strange that this wasn't mentioned.

Orgazzz

Hi Pixie,

Thanks for your reply. No formal tenancy agreement until late last year. Not sure on the details as I have now left the property and didn't keep the document.

I might be wrong but I thought you could claim abatement compensation up to 6 years after the event? The lack of heating did mean that we were pretty much confined to our bedrooms during the older months as the rest of the property was freezing. As we all work together it was 'difficult' to cause too much of a fuss at the time. Probably stupid not to have done in retrospect.

Orgazzz

Hi theartfullodger,

Thaks for your reply.

No England

Guest101

Orgazzz wrote: »

Hi Guest101,

Thanks for the reply. Doesn't appear to be a good case does it.....

Does he not have an obligation to provide hot water/heating? - Yes but in both cases he did. You had hot water for washing and hot water from heating sources - hob and kettle. and heating from storage heaters.

I o have proof that the arrears being claimed are false (bank statements showing payments made to his account both for rent and services) - what services??

3 months notice in line with 3 years occupancy, unles we have our wires crossed? - England and wales? - typically in 9/10 cases the notice is 2 months

My brother did refuse entry on a couple of occasions, but did not know he was entitled to change locks. - entitled or not, only a court could order the return of old locks.

Section 8 if rent is payable monthly, at least 2 months rent unpaid. - But it's not, though I'm unsure on the nature of the tenancy. Currently no arrears unless he expects brother to make up shortfall in rent - which he may , which brother considers unreasonable considering property still in disrepair and no formal approach been made either verbally or written for any rent increase since my departure - it's not required, in the same way that if you default on your mortgage, the bank doesn't need to ask for it to be paid, for it to be owed. . Bearing in mind he works for us and pays rent in person seems strange that this wasn't mentioned.

I think the best thing to do is negotiate an early exit with some payment in lieu of notice

Orgazzz

Hi Guest101,

Thanks again for your reply.

I understand on the water, but the storage heaters did not work (apologies if I didn't originally indicate this)

Services were for electricity and council tax.

I am surprised that no formal request for rent increase would need to be made, but arrears could then be deemed due. Do you think it would benefit my brother to raise the current issues as a form of mitigation? The boiler installed (outside) is oil fired and oil has beenleaking from it for some time which constitutes a health and safety issue (flammable). Also there are exposed wires in the bathroom as well as general unfinished works to bathroom, hall, lounge and kitchen.

Guest101

Orgazzz wrote: »

Hi Guest101,

Thanks again for your reply.

I understand on the water, but the storage heaters did not work (apologies if I didn't originally indicate this) - oh I see, I think initially you said they only worked in your room

Services were for electricity and council tax. - oh I see. normally the tenant pays these directly.

I am surprised that no formal request for rent increase would need to be made, but arrears could then be deemed due. - I don't think the rent increased though? If you had a joint tenancy at £900, then you moving out doesn't end that tenancy, nor lower the rent. In fact if you gave notice and then didn't vacate the LL can charge double rent. Do you think it would benefit my brother to raise the current issues as a form of mitigation? - to the owner, possibly, to the court, unlikely. it wont stop a s.21 notice The boiler installed (outside) is oil fired and oil has beenleaking from it for some time which constitutes a health and safety issue (flammable). - reported in writing? Also there are exposed wires in the bathroom as well as general unfinished works to bathroom, hall, lounge and kitchen.

I thin you'll struggle with the unfinished works argument, since I think you said you did the works?

Orgazzz

Hi Guest101,

Thanks again!

Oh and television license.

I see what you mean about the tenancy being shared. Didn't really consider it that way before. My brother considered that he was just renting a room in the house, as I paid 2 thirds and him a third, so didnt equate to an equal share financially.

It's not so much stopping the eviction as my brother will be leaving the property once he has found something suitable, within the period given. It's more about holding the landlord to account for not making any effort in ensuring the property was at least fit for purpose.