Letting fees to be banned from June - MSE News

need_an_answer

Fantasticaly wrote: »

I would love to move, but sadly I am not in a position to at the moment. I am self-employed and at the moment can just about afford the rent and bills - I had to use my savings last year to keep my head above water when a lucrative contract ended, and with no money behind me I can't afford it.

Good to know the tenancy agreement is still in force, do you know how that would work with regards the new laws - i.e is it considered renewed each year?

The cellar is a huge issue - my gas meter is prepayment, and I have to wade through stagnant water every time I need to top the gas up.It's been flooded since December, and the LL has been out and pumped it out a few times, but it refills within a day, due to there being a well down there. He tells me these houses are built to stand in standing water (!!!) and that I should just get the meter moved to inside the house. But again...the engineer won't come out and move the meter when the cellar is flooded.

I have also tried to find out if the deposit is protected, but I changed my name a few years back (due to previous domestic violence) and it seems they haven't been given my new details. They told me there is a deposit held for this address but it's not in my current name.

It's all a big mess. I've now been given an inhlaer for asthma that I haven't had since I was a kid because of the damp cellar.

I'm a bit stuck really and want to gather all my information so I know my rights.

What is it you actually want to achieve?

I'm in agreement that your best option is to move however you seem unable to do that.

The fact that there is no Gas safety certificate is something that the LL could face consequences for not having but you are unlikely to benefit financially as a result of any investigation.

Your deposit should have been transferred to the new LL when they took you on as a tenant and should have been reregistered.It would seem from what you describe that there is a deposit registered for you although possibly in your previous name.


My understanding of the situation with regard getting some of your deposit back in line with the 5 week cap is potentially at present you would not get it because you are on a rolling tenancy.It could however be returned if you were to request a change in the tenancy but its unlikely from what you describe that you would want to fix yourself to committing to the property on another AST for 6 or 12 months.

https://www.mydeposits.co.uk/wp-content/uploads/mydep-Deposit-Cap-Solution-Campaign-Leaflet.pdf

When you changed LL was a new inventory provided?

If not it will be very difficult to retain any of your deposit should you decide to move as there is nothing to compare the condition of the property to at the end/beginning of the tenancy.


If by chance your deposit is not registered then you could be in a position to claim up to 3x the amount from your LL however what you say suggests that the deposit may have been registered so this option may not be available to you.

Fantasticaly

Thanks for your reply.

All I really want to achieve is some security and to have the flooded cellar fixed, and the gas safety check done. I'm not after squeezing money out of the LL as, without the problems, I am actually happy here. But it's like banging my head against a brick wall -emails go unanswered to the LA, and I've asked for the cellar to be fixed at least a dozen times, to no avail. The new LL just doesn't seem to care about the property, whereas this is my home. For instance, an underground spring is causing water to appear in the garden, and the puddle is slowly getting bigger. But it's just shrugged off.

If I'm entitled to the excess deposit back, great, but if not that's fine too...I just know that the LA are pulling the wool over my eyes about everything, so wanted to check where I stood.

And no, a new inventory was not provided.

need_an_answer

details here of how to report the no compliance of the gas safety certification.

http://www.hse.gov.uk/gas/domestic/faqtenant.htm

Ultimately the decision to fix any problems within your cellar are the LL's.they can be advised by an agent etc however if they don't want to fix permanently then they don't have to.

You could find that at best the water will be pumped out in order for the gas safety check to take place and then left to refill until the next time.

Very sadly you do seem to be in a catch 22 situation with a bad LL,
Reporting the lack of gas safety certification is the right thing to do but you also risk the LL just issuing you notice to leave...its therefore your call whether you want to go down an official route and face whatever consequences it may throw up (not right I totally agree...and potentially taking that option is likely to decrease your stability to stay in the property.)


The letting agent works on behalf of the LL so they will only ever do as the LL requests


I still believe your best option is to leave the tenancy and start afresh .

Please consider it,there are good LL's out there who abide by the law ans with your deposit back and no upfront fees going forward you may be able to find a better place

What has been the response from the letting agent when you have queried the lack of Gas safety certificate?

Fantasticaly

I feel he is breaching 2 areas with the cellar - the health side (the damp), and the lack of gas safety check. When I have raised it with the agent I have been met with silence, every single time.

You are right, my fear is that complaining will get me evicted, which is why I have done nothing official. I am now also worried that I will not receive my deposit back, as no inventory was carried out, and the house needs LOTS of work to make it rentable to the next tenant. It would need new carpets throughout, as the ones in place are extremely threadbare, and were when I moved in. I have covered them with rugs so it doesn't bother me, but from what I hear and from what I know about him, he will claim that and other issues from my deposit.

I feel as though my hands are tied.

Cakeguts

Cellars fill with water that is normal. Just accept that the cellar will fill with water as they normally do and then arrange for it to be pumped out so that the meter can be moved. So coordinate the two actions.



The gas certificate is something else.

need_an_answer

If there is no inventory at the start of your tenancy with this LL then they cannot make a deposit deduction....

The scheme that the deposit is held in has an arbitration situation for deposit disputes and without the clear documentary evidence from the LL in the form of an inventory at check in compared to an inventory at check out they will always side with the tenant and your deposit will be returned.

What work that needs to be carried out on the property is again,not your concern once you have left the tenancy.


I am guessing that one of the reasons you are unable to move is the cost of renting somewhere of equivalent size but in better condition would be more expensive...?

You can by all means continue to push for the upgrades to the property but again its my guess that you have a LL who is well aware that the property needs some attention,but at the moment he has a compliant tenant who is paying rent monthly.

If for example £5k of work was done on the property to bring it up to a good standard,its almost a given that the rent will increase and it will probably take it out of your rental bracket


You need to break that cycle and again the only fair way to do that is to offer your notice and find another property...harsh as it is to say...you are both at present satisfying the others needs.

With regard to the "radio silence " from the letting agent if you want to peruse the gas safety issue, phone them explain there is no current certification and if one is not obtained within 7 days and a copy given to you,you will escalate it.
Follow it up with an email asking that the LL is also advised and you should find the certification forthcoming.

Alternatively you are quite within your rights not to advise the agent or the LL and just lodge a formal complaint via the link I gave earlier for guidance

A bit like throwing a stone into water and watching the ripples disperse...do you want to give the agent/LL advance warning/ the ability to rectify the certification without penalty.... or just do it and report.

System

Fantasticaly wrote: »

I would love to move, but sadly I am not in a position to at the moment. I am self-employed and at the moment can just about afford the rent and bills - I had to use my savings last year to keep my head above water when a lucrative contract ended, and with no money behind me I can't afford it.

Good to know the tenancy agreement is still in force, do you know how that would work with regards the new laws - i.e is it considered renewed each year?

The cellar is a huge issue - my gas meter is prepayment, and I have to wade through stagnant water every time I need to top the gas up.It's been flooded since December, and the LL has been out and pumped it out a few times, but it refills within a day, due to there being a well down there. He tells me these houses are built to stand in standing water (!!!) and that I should just get the meter moved to inside the house. But again...the engineer won't come out and move the meter when the cellar is flooded.

I have also tried to find out if the deposit is protected, but I changed my name a few years back (due to previous domestic violence) and it seems they haven't been given my new details. They told me there is a deposit held for this address but it's not in my current name.

It's all a big mess. I've now been given an inhlaer for asthma that I haven't had since I was a kid because of the damp cellar.

I'm a bit stuck really and want to gather all my information so I know my rights.

That would depend if you are on a Statutory or Contractual periodic, your tenancy agreement will say which one.


He's talking rubbish cellars do get damp yes and can have some water ingress but they are not meant to become underground swimming pools and if that was the case he needs to put a sump pump and drain away in.


As long as you can prove you are who you say you are and prove your name change they should be able to make the relevant changes on the registration.

Fantasticaly

Thank you again for the replies, most of my friends have mortgages so don't understand the complexities of renting, so it's nice to have somewhere to ask advice.

When I say the cellar floods, I'm talking inaccessible - the water comes up to my knees and fills wellies, so it's not just a little water we're talking about. Having to navigate that once a week to top up the gas meter is beyond even my patience - it has fungi floating on top of the water!

Glad to hear about the deposit, that is some good news and that money will prove invaluable when/if we come to move.

I do have deed polls etc, so can prove I am who I say I am, so that's also reassuring.

The problem with coordinating the water being drained with the gas engineer is that sometimes I don't even get a reply from the LA/LL, so it would be a logistical nightmare trying to get both done on the same day, and it fills up again within hours.

I will try the LA again and see what he says (or not)

Thanks again

Crashy_Time

Fantasticaly wrote: »

Thank you again for the replies, most of my friends have mortgages so don't understand the complexities of renting, so it's nice to have somewhere to ask advice.

When I say the cellar floods, I'm talking inaccessible - the water comes up to my knees and fills wellies, so it's not just a little water we're talking about. Having to navigate that once a week to top up the gas meter is beyond even my patience - it has fungi floating on top of the water!

Glad to hear about the deposit, that is some good news and that money will prove invaluable when/if we come to move.

I do have deed polls etc, so can prove I am who I say I am, so that's also reassuring.

The problem with coordinating the water being drained with the gas engineer is that sometimes I don't even get a reply from the LA/LL, so it would be a logistical nightmare trying to get both done on the same day, and it fills up again within hours.

I will try the LA again and see what he says (or not)

Thanks again

Isn`t it easier just to move and leave the LL to worry about the flooding?

michalis1986

Hi all,

I would like to hear your feedback/input on our case below

Our tenancy is up for renewal on the 29th June and was today asked if we would like to stay or vacate the property. They should have contacted us at least a month in advance am i right?

Nevertheless, in the letter we received they give the two following options

The Tenancy for the above mentioned property expires on the 29 June 2019. Further to our telephone conversation, I would like to determine whether or not you wish to renew the existing tenancy.

"Your options are:-
a) I/We* wish to extend the Tenancy for a further period of 6 / 12* months and confirm payment of £120.00 (£100.00 plus VAT) to cover the administration charge, alternatively you are welcome to contact the office to make payment using a debit card
b) I/We* wish to vacate the property at the end of the current Tenancy."

We would like to extend the tenancy but are we in the right to object paying the £120 admin charge or is it something not covered by the regulation that came to force on 1st June?

Many thanks
Michalis