Letting agent from hell - landlord not much better

doverdover

I am renting a property in England on a 12 month AST. I've been there for about two months.

We have a managing agent, and a landlord (we have had no contact with the latter, and are being refused their details).

Having moved into the property, we have come to realise the property has a serious damp issue. We had a specialist come and inspect this, and they wrote a report which went to the letting agent. They responded and said no work was going to be undertaken.

We thought this seemed unlikely - there is now water leaking through the ceiling and a window, a cupboard is full of black mould in the kitchen, there is mould under the floorboards, and some of the skirting is so rotten it collapses if you touch it. The place smells badly of damp, and we are using a dehumidifier to try and keep the moisture out of the air (as otherwise everything feels wet). This was not obvious when we moved in due to other tenants belongings!

After several requests, we got a copy of the damp report. It advises a full damp course is needed, and that there is an issue with the roof which needs fixing. We have gone back and said that it isn't good enough to do nothing when there is e.g. a report explaining that there is a hole in the roof - but the letting agent are now quite simply not replying to my emails. It has now been two weeks since I sent my last email, and maybe 10 weeks since this whole debacle began.

The landlord has never been to the property, and the agent manages it remotely i.e. has never been here. I'm at my wits end - how can they possibly manage a property and make decisions about it without ever visiting it? No one even visited it between tenancies - the managing agent is based about 100 miles away. They are doing nothing at all to manage the property - just acting as a middleman to make sure we can't talk to the landlord!

Thank you - exasperated renter.

Cardinal-Red

doverdover wrote: »

We have a managing agent, and a landlord (we have had no contact with the latter, and are being refused their details).

First things first, this is not legal.

You must be provided with the landlord's address. In fact I think not providing it is a criminal offence by the agent.

Pixie5740

Who is named as your landlord in your tenancy agreement? The management company or the owner? If it's the latter then you can write to the address for the serving of notices given in your tenancy agreement requesting the landlord's contact details. Legally, under the Landlord & Tenant Act 1985 (I think that's the one) the letting agent must supply you with those details within 21 days.

As for the repairs follow Shelter's process for when landlord's won't carry out repairs.

https://england.shelter.org.uk/housing_advice/repairs/what_to_do_if_your_landlord_wont_do_repairs

G_M

1)
You can request the LL's address. This must be done in writing - write a ltter to the agent and refer to the Landlord & Tenant Act 1985 Section 1.

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.

2)
All maintenance issues should be reportd in writing (a letter) to the LL at the address provided 'for serving notices'. This may be c/o the agent. Send a copy to the agent as well.

3)
If you have not received a satisfactory response, ask the Environmental Health dept at the council to come and inspect.

4) If the EH officers serve an enforcement notice on the LL
a) he must do whatever work they specify and
b) he cannot evict you

4)
See also
* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015)

theartfullodger

You write (yes, WRITE!) to landlord (yes, LANDLORD!), copy agent, keep copy with a letter about the repairs/maintenance needed. See Shelter's excellence guidance here, including draft letter.
https://england.shelter.org.uk/housing_advice/repairs/how_to_report_repairs_to_a_private_landlord

For landlord address there should be an address - often in contract - for landlord, often c/o agent. If you have no address (in England or Wales) no rent is due.

Also spend £3 with land registry & get name & address of property owner. You don't HAVE to be owner to be landlord, but if it's a different name ask agent why.
https://www.gov.uk/search-property-information-land-registry

If you write (yes, WRITE) to agent requiring landlord's actual address they HAVE to provide it within 21 days. Sadly even so they almost never get prosecuted for not doing so.

G_M

Cardinal-Red wrote: »

First things first, this is not legal.

You must be provided with the landlord's address. In fact I think not providing it is a criminal offence by the agent.

provided the tenant has asked the agent for the LL's address in writing.

doverdover

I've asked several times for their contact details and each time the agent has refused - the only details I have are the name of the company which owns the house (offshore tax dodge type arrangement I think). I've sent maybe seven emails requesting them, nothing.

Maintenance issues have been reported in writing, with photos etc on several occasions (I have been passed around a number of people, maybe 6 or 7 to-date!). They just ignore them - they have even reneged on some work which was agreed to happen before we moved in (redecorating, all a bit dated and marked), because they 'actually didn't have permission from the landlord, and they say no'.

I suppose the next step in environmental health - but I really would prefer not to have to escalate it. I suspect it is the agent being particularly crap!

Should I be reporting them somewhere? They are absolutely useless - I can't really get over the idea that you can manage a property and never be required to visit or inspect it? Nor the landlord?

AlexMac

G_M's #4 says it all; and the Environmental Health Officer, if they are anything like as good as mine, in the South East London borough of Greenwich will get on the case and threaten leagal enforcement!

I speak from experience (abeit vicarious!)

DoaM

doverdover wrote: »

Maintenance issues have been reported in writing

Writing as in a real letter sent via post? Did you get (and retain) free certificates of posting for any / all of these letters?

Have you written (a real letter, via post) requesting the LL contact details? (That's what the advice above is recommending ... if not done yet, do so - and get and retain the free certificate of posting from the PO).

pinkshoes

Definitely get onto Environmental Health.

A friend of mine did this and his flat in London was condemned, so he got given the choice of termanating his tenance, living there rent free whilst it was fixed, or moving into temporary accomodation whilst it was fixed.

doverdover

Yes I've sent them a letter, have proof etc.