Landlord-behaving badly, please help!

thesaint

clutton wrote: »

DO not stop paying your rent - that means he can evict you very easily and very quickly. i would go to the local council private lettings office and get them to write to the landlord for you

Luckily, no one told the OP to stop paying rent.

There was a time that this advice was given, but a lot of people seem to be more clued up.

betterlatethannever

Thanks everyone.
As i got home so late tonight i've not had a chance to do anything, but tomorrow will get both a letter and email off to the agents.
Re the aerial, the CAB said it was the ll responsibility as it had been there and working when i moved in, and there is no way i could possibly have damaged it (barring climbing a ladder and swinging from it)! - all as debt free chick said really, so thanks for confirmation.
I'll try, once again to get a reaction from them for both the gas cert and the aeriel, and keep you informed of the progress.
How long should i allow the LL/agent to respond to the letter before taking further action?
Thanks everyone

bigpat

I'd give him 2 weeks to get the gas cert sorted out. CORGIs respond quite quickly to this sort of callout as it's easy money. Provided your installation is safe, the check itself takes very little time and should only cost him about £50-£60. This is HIS bill to pay, not yours, and he should have factored this cost in when setting the rent.

MrShed

Going slightly off topic, why would you not withhold rent under CERTAIN circumstances? Should the landlord not resolve disrepair issues, the tenant is certainly entitled to use his legal right of offset to perform the repairs himself and deduct the relevant amount from the rent. Admittedly this action should be performed very carefully and as a last resort, but it is sometimes the only way to resolve an issue, and would not lead to eviction(via a Section 8 route at least) if it is performed carefully.

thesaint

MrShed wrote: »

the tenant is certainly entitled to use his legal right of offset to perform the repairs himself and deduct the relevant amount from the rent.

Could you provide a link?

MrShed

To what? It is common law, not statute. It is also known as right of "set off". It is the same right which means that if a successful suit and countersuit occur in court, the countersuit(assuming it is smaller) is just offset against the suit, and the difference is what is payable.

MrShed

However, I must admit to being concerned when I have attempted to find a link a lot of referrals to banks only!!! :S

I will see what I can find!

MrShed

However, there is a case law!!

Lee-Parker v. Izzet

MrShed

I will quote a colleague from another forum on this one:

Using the rent to pay for the repair

You do not generally have the right to withhold rent, and should not do this in an attempt to force the landlord to do repairs. Doing so could jeopardise your right to remain in the property because the landlord can start possession proceedings on the basis of rent arrears.

Notwithstanding the above warning, in certain circumstances you can use rent money to pay for repairs, or offset the cost of repairs you have carried out her/himself against rent arrears. The tenant must follow the correct procedure

A case (Lee-Parker v Izzet (1971) 1 WLR 168 has established that, to use rent to pay for repairs, or to offset the cost of repairs against arrears, the tenant must carefully follow (in order) the steps below:-
• give the landlord notice of the disrepair and a reasonable time to remedy it; then
• inform the landlord (preferably in writing) that you will do the repair yourself unless the landlord complies with her/his obligations; then
• allow a further reasonable period for the landlord to do the work; then
• obtain three estimates for the cost of the work from reputable builders; then
• write to the landlord again, enclosing copies of the estimates and reminding her/him of her/his obligation to do the work, giving a further reasonable period to carry it out. The letter should warn that, otherwise, you will do the work yourself and deduct the cost from rent; then, if there is no response
• arrange for the contractor who gave the lowest estimate to do the work, and obtain (and send to the landlord) receipts, with a request for payment; then
• if the landlord does not pay, you may deduct the cost from the rent (but not other charges such as service charges), then send the landlord a breakdown of the amount and period of the rent to be withheld.
The tenant should avoid running into rent arrears before taking this action. If, however, the landlord takes court action for arrears and/or possession, the fact that the tenant has had to pay for repairs can be used as a counterclaim to the proceedings. Damages caused by the landlord's default can also be set off against arrears in a defence to possession proceedings. Specialist advice will be needed.

jebervic

MrShed wrote: »

Going slightly off topic, why would you not withhold rent under CERTAIN circumstances? Should the landlord not resolve disrepair issues, the tenant is certainly entitled to use his legal right of offset to perform the repairs himself and deduct the relevant amount from the rent. Admittedly this action should be performed very carefully and as a last resort, but it is sometimes the only way to resolve an issue, and would not lead to eviction(via a Section 8 route at least) if it is performed carefully.

Why do you people always insist on the aggresive approach, before anyone goes down the route of complicated off setting rent against, why not keep it simple at first, politely remind the landlord that under the terms of the tenancy agreement you are required to report any repair issues, state what action you have already taken (i.e. calls to the letting agent etc) state that you expect the repairs or inspections to take place within 14 days, possibly quote the obligations S11 of the tenant and landlord act and the gas safety regulations 1994. The Landlord should instantly realise you understand the law, whether its right or wrong the LL may not even realise what his obligations are.

So you've given the time frame, if it passes without the work being done, then I would suggest again writing to the LL stating that you will allow a further 7 days, after that you will be getting 3 quotes to get the work done and asking the cheapest contractor to do the work and you will deduct the rent accordingly.

But most of all, try talking !