Landlord-behaving badly, please help!

jebervic

MrShed wrote: »

Which is what I said? I'm sorry jerb but with respect have you even read my original post? I have the entire time been talking about the right of offset to perform repairs and withhold the amount of the repair from the rent!

ok, sounds like crossed wires, some tenants take it in their own hands and hold back ALL the rent, it has be done in a prescribed way- described on the shelter site.

regards

sooz

But how does anyone go about enforcing the bits that do apply?

MrShed

Apparently so jerb no worries!

Just for the record - no I do not advise that course of action under any circumstances!

TJ27

Well the bit that does apply seems to be the management part. If you download the SI it shows what the manager's responsibilities are.

Normally you might expect the council to serve a notice to "encourage" the manager to fulfill his/her responsibilities, then allow a period of time for it to happen, then go to prosecution if it doesn't happen.

However, as with my previous example, no notice may be available and one might therefore assume that enforcement isn't possible. In Wales this isn't the case, because we can prosecute without serving a notice. In England it might be different.

red40

Sooz for the purposes of the management regulations for HMO's, SI 372 applies to everything that is a section 254 HMO and SI 1903 applies to everything that is only a section 257 HMO. SI 1903 came into effect 1st October 2007 and authorities should be enforcing now.

Enforcement is carried out the local authority and as TJ says there is no requirement to notify the person managing of pending enforcement action. However in line with the governments Enforcement Concordat it is 'best practice' to enter into discussion with the person managing. Although from next year it will be a statutory requirement to notify the landlord before enforcement is commenced.

sooz

red40 wrote: »

S. SI 1903 came into effect 1st October 2007 and authorities should be enforcing now.

Enforcement is carried out the local authority

Thank you.

the trouble is my local authority say that they have no powers of enforcement. I really don't believe this.

red40

sooz wrote: »

Thank you.

the trouble is my local authority say that they have no powers of enforcement. I really don't believe this.

No I dont believe it either, sounds more like they are like many authorities waiting for others to dip there toes into Housing Act law.

I do know that there are plenty of law firms (especially in London) just waiting to start the case law process and take aauthorities to task.

sooz

Thanks Red,

I thought I was going mad!

I will try calling the neighbouring council & see what they say.

I want to get the freeholder up by his *******s. He is refusing to acknowledge that the law has changed, and he has new responsibilities.

red40

Well he definitely does have rules and regs that apply to him as long as its a section 254 or 257 HMO.

Just point out section 234 of the Housing Act which says about the management regulations and also upon a summary conviction what the penalty is.

adouglasmhor

OP contact shelter, my mate had a similar situation and Shelter got a court judgment against his LL, that meant he payed no rent until the repairs were completed but put an amount equal to the rent into a separate bank account, his LL did try to illegally evict him at one point and the police had to arrest him, but he managed to live rent free for 7 years eventually the LL sold the property without carrying out the repairs and he had 7 years rent to use as deposit for his new bought flat. I know this is an extreme example, but most LL would get the finger out if they were getting no income from the property. Plus either way you get to keep any interest gained while it's in the bank account.