All bills included tenancy breach

Es493

Hi I’ll make it quick and simple.


Private Landlord.
1 month into a 6 bedroom house. (HMO)
Tenancy states all bills included.
I’ve heard rats
2 days before rent is due, the oven was finally fixed. Previously not working for a whole month.
There’s still electric fittings not fitted properly.
On most of the walls are damp and white paint rubs off in your hands.
Offensive graffiti reported and not removed.
I constantly have to keep topping up the electric and gas.
Other housemates state their radiators aren’t working.
I was at work and I came home to find the electric had ran out and now the landlord has told me he isn’t responsible for the financial loses (food that went off as a result).
I’ve researched the company and the director has had three dissolved property companies in four years.

I already know he’s breached the tenancy agreement, shall I not pay rent and squat?:money:

He’s taking advantage of vulnerable people by offering a non refundable deposit scheme which was £70. Which all the other properties In the area requested full months rent in advance.

I told him he can’t go on treating people this way..
I reported the house to the council. I requested that the environmental health visit the property. What are my rights? Citizens advice are telling me not to withhold rent but that’s he’s only motivation. He threatened me with eviction and I told him to section 21 me. They he offered to let me out of the agreement early. However, he will just keep doing the same thing to the new tenant. Justice needs to be handed out to this guy.

What options do I have?

tom9980

Es493 wrote: »

Hi I’ll make it quick and simple.


Private Landlord.
1 month into a 6 bedroom house. (HMO)
Tenancy states all bills included.
I’ve heard rats
2 days before rent is due, the oven was finally fixed. Previously not working for a whole month.
There’s still electric fittings not fitted properly.
On most of the walls are damp and white paint rubs off in your hands.
Offensive graffiti reported and not removed.
I constantly have to keep topping up the electric and gas.
Other housemates state their radiators aren’t working.
I was at work and I came home to find the electric had ran out and now the landlord has told me he isn’t responsible for the financial loses (food that went off as a result).
I’ve researched the company and the director has had three dissolved property companies in four years.

I already know he’s breached the tenancy agreement, shall I not pay rent and squat?:money:

He’s taking advantage of vulnerable people by offering a non refundable deposit scheme which was £70. Which all the other properties In the area requested full months rent in advance.

I told him he can’t go on treating people this way..
I reported the house to the council. I requested that the environmental health visit the property. What are my rights? Citizens advice are telling me not to withhold rent but that’s he’s only motivation. He threatened me with eviction and I told him to section 21 me. They he offered to let me out of the agreement early. However, he will just keep doing the same thing to the new tenant. Justice needs to be handed out to this guy.

What options do I have?

You reported to environmental health that should help sort things longer term, but honestly take him up on his offer and leave ASAP!

G_M

Personally i'd get out. Whatever resolution you reach, he's going to be an unpleasant landlord to have.

But I would continue with EH.

Is the HMO licenced? Check the council website.

If you decide to stay and fight, then put everything in writing. You should have a postal address for the LL. This is required by law - if not rent is not due (Landlord and Tenant Act 1987 S 48) so write to him there.

List all the defects and request a timetable for them to be fixed.
Request refund for all your utility costs (do not withold rent), list them, and warn legal action may follow if not received in 7 days.

Once you've complained in writing, AND referred matters to EH, he cannot evict you with a S21 (Deregulation Act 2015 (S33) ).

See

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

diggingdude

he offered you a get out. take it. you have helped others by informing environmental health, it is their job to protect now

Es493

I’ve just searched my house and it does not appear to have a HMO licence? Does that work in my favour or not??:eek:

I’ve reported all the faults, it’s not just me that has an issue. He refused my partner a tenancy too even tho we requested one.

In my mind it’s simple, if my tenancy agreement states all utilities bills included which it isn’t. It’s misrepresentation.

Could I take him to the small claims court if I wanted my rent back?:money:

G_M

Es493 wrote: »

1) I’ve just searched my house and it does not appear to have a HMO licence? Does that work in my favour or not??:eek:

2) I’ve reported all the faults, it’s not just me that has an issue. 3) He refused my partner a tenancy too even tho we requested one.

4) In my mind it’s simple, if my tenancy agreement states all utilities bills included which it isn’t. It’s misrepresentation.

Could I take him to the small claims court if I wanted my rent back?:money:

1)

You must have a licence if you’re renting out a large HMO in England or Wales. Your property is defined as a large HMO if all of the following apply:

• it is rented to 5 or more people who form more than 1 household
• some or all tenants share toilet, bathroom or kitchen facilities
• at least 1 tenant pays rent (or their employer pays it for them)

So LL is breaking the law. You could

* report this to the council who could prosecute him.They might also condemn the property (eg not enough fire escapes) and you all get evicted
* threaten to report him eg unless he fixes the repairs and pays the utilities

2) Reported properly, in writing, to the correct address?

3) he's under no obligation to grant a tenancy if he does not want to. There again, why does your partner want/need one?Is your partner sharing your room?

4) Yes, see my reply above

Es493

Thanks for the advice, much appreciated. I reported the house.

I just don’t think it’s fair how he can target vulnerable people and get away with it.

If anyone else could share some wisdom would be helpful.

getmore4less

There’s still electric fittings not fitted properly.
On most of the walls are damp and white paint rubs off in your hands.

those would have been obvious on viewing.

Why did you take the place?

tom9980

Es493 wrote: »

Thanks for the advice, much appreciated. I reported the house.

I just don’t think it’s fair how he can target vulnerable people and get away with it.

If anyone else could share some wisdom would be helpful.

Contact your local council housing officer and tell them you believe you live in an unlicensed HMO. It is possible they could prosecute and a rent repayment order issued.

https://www.rla.org.uk/landlord/guides/rent-repayment-orders.shtml

G_M

tom9980 wrote: »

Contact your local council housing officer and tell them you believe you live in an unlicensed HMO. It is possible they could prosecute and a rent repayment order issued.

https://www.rla.org.uk/landlord/guides/rent-repayment-orders.shtml

I forgot about the rent repayment possibility. Though closure and eviction is a risk.