Rent increase, disrepair, improvement notice, tribunal.

Legacy_user

Hi,

I have an issue with my landlord. Briefly explaining.

I have lived here for 5 years and have complained several times to the council.

I have damp and mould problems, leaks in the bathroom including kitchen ceiling coming through, storage heaters which don’t heat the house up past 16 degrees C.

2 bed house, 1 kitchen, 1 living dining, 1 bathroom.

Heating in bedrooms and living room only.

I contacted my MP who had concerns of my housing condition subsequently a HHSRS assessment was done through the council.

Landlord was issued with a hazards improvement notice.

Back fence and gate has been broken for 5 months he was informed 5 months ago and has ignored messages and given excuse after excuse not to come and fix.

I contacted previous tenant who told me she had same issues, broken gate and fence for 18 months, leak under bath, damp and mould and cold house.

The house was let to us through a social housing scheme and the landlord was ‘one of their private landlords’

Landlord isn’t happy about the repairs has been horrible and not allowed me to exercise my tenants rights, giving me less than 24 hours notice, bombarding me with a list of people coming on the day and even saying he is bringing ‘someone’ with him but not say who so was told not to come as this is intimidating.

I have a disabled child who has autism and doesn’t like change in routine.

I have severe anxiety and panic attacks which were under control with medication until this happened and has overcome my medication.

Drs, social workers and paediatrician have written to council.

Council told me landlord was ‘raw’ about the notice and asked about evicting me, selling the house and increasing rent.

He was told not to attend the property but did so anyway and banged on the door loud at 7.30 pm and served a section 13 notice for an increased rent of £50 a month.

The work hasn’t been completed in the house yet.

I have written to first tier tribunal to dispute it as a retaliation for the order or works to be done and essentially making me pay for the work to be done.

I have made many improvements to the house, kitchen sides had cigarette burns when I moved in, a new shower which was broken when I moved in, bath side because the bath side brocaded didn’t cover bath property was flimsy and mouldy, new carpet and underlay added as was only floorboard underneath, new shed as was told to get rid of broken one when I moved in or leave it there!.

Anyway... any advice for the above would be grateful but I’m concerned with the rent increase and tribunal and hoping they see it as a retaliation for order of works that’s been given.

My original tenancy agreement states only one landlords name on.

The rent increase section 13 states two landlord names on does this make a difference?

I am arguing that the landlord was aware of issues with the house when he leased to me as previous tenant confirmed she had issues which she listed and are the same as the existing issues I have. And is negligent in not carrying out repair works from back then,

This has stemmed from him not fixing the back gate and it has swung open a couple of times and knocked my son over who has disabilities so I’m pretty peeved. He’s not been able to use the garden for his sensory processing disorder since July 2019.

Council are looking at re-homing us but we have a while to wait on the list.

I’ve looked online and can’t come to any conclusions to what would be my best way to argue these points and would like advice on do I ask for a hearing or leave it for the tribunal to decide from paper evidence only?

I’m all over the place at the moment, getting no sleep and constantly feeling tense in the house, I’ve even started moving stuff out the house into storage to physiologically help me realise I’ll be moving at some point in the future to try and relieve the stress as I’m sure he’s going to evict us soon.

Thanks in advance,

Rebekah

G_M

Rebekahw wrote: »

Landlord was issued with a hazards improvement notice.
telling him to do what, by when?


Back fence and gate has been broken for 5 months he was informed 5 months ago and has ignored messages and given excuse after excuse not to come and fix. On the list?

.....

Landlord isn’t happy about repairs has been horrible and not allowed me to exercise my tenants rights giving me less than 24 hours notice, bombarding me with a list of people coming on the day. You want the repairs done? Acept some inconvenience. Contractors often operate like this - not the LL's fault.
You could refuse access, change the locks, and insist on 24 hours notice, but that willsimply further postpone repairs and give the LL excuses for doing nothing.


I have a disabled child who has autism and doesn’t like change in routine. I sympathise, but that is not really the LL's fault. If you want repairs done, there will be disruption and change.

I have severe anxiety and panic attacks which were under control with medication until this happened has has overcome my medication. I sympathise, but that is not really the LL's fault. If you want repairs done, there will be disruption and change.

Drs, social workers and paediatrician have written to council. With the aim of doing what?

Council told me landlord was ‘raw’ about the notice and asked about evicting me, selling the house and increasing rent.

He was told not to attend the property but did so anyway and banged on the door loud and served a section 13 notice for an increased rent of £50 a month. Change the locks?
Appeal the S13 Notice.


The work hasn’t been completed in the house yet.

I have written to first tier tribunal to dispute it as a retaliation for the order or works to be done and essentially making me pay for the work to be done. Ah! Well done!

I have made many improvements to the house, kitchen sides had cigarette burns when I moved in, a new shower which was broken when I moved in, bath side because the bath side brocaded didn’t cover bath property was flimsy and mouldy, new carpet and underlay added as was only floorboard underneath, new shed as was told to get rid of broken one when I moved in or leave it there!.
OK. Your choice. There are pros and cons to improving a rented property.


Anyway... any advice for the above would be grateful but I’m concerned with the rent increase and tribunal and hoping they see it as a retaliation for order of works that’s been given.
Not sure what advice you want.
You've got the council to serve an improvement notice on the LL - keep contacting the council to get it enforced. But don't obstruct access for the contractors.

You've appealed the rent increase. Wait for the outcome. It willeither be favourable or not.


My original tenancy agreement states only one landlords name on.

The rent increase section 13 states two landlord names on. I doubt that will invalidate it, though worth pointing out to the Tribunal.

I am arguing that the landlord was aware of issues with the house when he leased to me as previous tenant confirmed she had issues which she listed and are the same as the existing issues I have. And is negligent in not carrying out repair works, the back gate has swung open a couple of times and knocked my son over who has disabilities so I’m pretty peeved. He’s not been able to use the garden for his sensory processing disorder since July 2019.

The Tribunal will look at the localmarket rates, and the condition of the property.


what would be my best way to argue these points and do I ask for a hearing or leave it for the tribunal to decide from paper evidence only.

I suspect a hearing will be beneficial, but whichever you decide, you need help clarifying your representations. They need to be concise and relevant.


For example your son's condition is not relevant to the question of an appropriate rent. If you spend time talking about that, you willsimply alienate the Tribunal. Focus on relevant issues only.

If you are not confidant speaking for yourself, get a friend, or professional, to speak for you.

System

Thank you, any views are always welcome as I like to see how others perceive things.

The Local MP complained to the council and therefore they had to do an assessment on the house as part of their process.

We haven’t been able to use the garden which is included with the house within the rent, this leads onto a car park so it’s not safe.

Improvements have been made because landlords have said were on holiday or were ill and even asked us to carry out for them, kitchen sides for health and safety burns everywhere and there was cat poo in the kitchen when i moved in.

Shower because the cover was broken and electrics were showing.

Houses in my area are going for similar prices to the one he’s increased to but have sufficient heating and most have extensions or conservatories on and are in a good state of repair.

Fence hasn’t been put on the list actually, thanks for reminding me I need to contact the council to get them to add to list as he still didn’t do it last weekend as he said he would.

Landlord gave less than 24 hours notice. Said I couldn’t re arrange appointment arranged for 5pm. Electrician came at 2pm sat behind my house from 2pm when I left for school pick up until 3pm when I got back, he came up to me and asked to come in to do it.

My son has severe mental impairment and requires settling time otherwise he hits himself or bangs his head off stuff as he gets upset. So I informed him of the inconvenience and that the landlord said it was his only appt. He was shocked by this and told me he had plenty of appointments and found me one to suit and was very understanding to my sons disability. When he came he told me landlord wasn’t happy with him re-arraganging with me, and informed me the landlord said it was ok to come at 2pm without checking if it was ok with me or if I was even in.

I’m all for repair works being done, but calling someone to tell them your not happy with them and then bombarding someone and using tactics to intimidate a young mother with a disabled child is not morally ok. Just because he isn’t happy that his property is in disrepair which as I said the previous tenant had issues with the same stuff.

Maybe the landlord is being negligent in his duties and just wants the income thus serving a section 13 on a house with a hazards improvement notice on.

I’m asking for information that would help my case. I can’t afford legal help and I’m not entitled to legal aid either.

Again anything helpful would be gratefully appreciated.

Kind regards.

AdrianC

Why have you lived there for five years, and why are you not giving your notice in now?

Move. The landlord clearly doesn't care. He's not going to change.

G_M

The actions and attitude of the LL could be in in contravention of the
Protection from Eviction Act 1977 S1 (3):

If any person with intent to cause the residential occupier of any premises—

(a)to give up the occupation of the premises or any part thereof; or

(b)to refrain from exercising any right or pursuing any remedy in respect of the premises or part thereof;

does acts calculated to interfere with the peace or comfort of the residential occupier or members of his household, or persistently withdraws or withholds services reasonably required for the occupation of the premises as a residence, he shall be guilty of an offence.



(3A)Subject to subsection (3B) below, the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if—

(a)he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or

(b)he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence,

and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises or to refrain from exercising any right or pursuing any remedy in respect of the whole or part of the premises.

Criminal offence:

(4)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to a fine not exceeding [F2the prescribed sum] or to imprisonment for a term not exceeding 6 months or to both;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.

You'd need Trading Standards to enforce I believe.

Gycraig

So you want your landlord to fix all the problems but don't want him coming round with people and you also want 24 hours notice to come round with trades people. That's fine but will massively limit how quickly he can get things done as he will end up stuck in the middle.

There are better properties for the same or less money yet you want to stay in a house with a bad landlord for more money ?

System

Thank you for your help,

I would love to leave, we can’t afford to leave we are social tenants who were housed privately through the social scheme so it’s different than just going to an estate agents paying fees and renting that way. Were currently on the housing list waiting to be re housed.

There are requirements that need to be met for my sons disability.

I am still here after 5 years because years of complaining hasn’t got us anywhere I have been busy with trying to get help for my sons needs and fighting and for his educational rights, now here I am after trying to get the situation resolved making me feel I shouldn’t have bothered.

I have ‘put up’ with the house issues because of the hectic lifestyle of fighting for my son. We have endured endless bad luck, missed off speech and language therapy in his assessment unit in nursery in a specialist place, and denial for an EHCP which I had to fight for and he is now in special needs school, who say mainstream would have struggled greatly with him.

My son doesn’t sleep and is on medication to induce his sleep, I hardly sleep and he is hyperactive and loud but doesn’t talk.

I’m looking for advice to help me in tribunal, I was unsure whether it only relates to rent or I can bring up disrepair how I’ve been treated lack of communication etc,.

I’m new to all of this my head is still spinning from legal jargon for my sons EHCP complaint which is currently on stage 2 with the local authority and has been referred to the local government ombudsman.

I’ve got two fights going on at the same time and I’m running out of energy.

System

An option I have already looked at and not where I live. They are more expensive something we can’t afford. And the landlord should have resolved the existing issues before I moved in realistically, they have existed since I’ve moved in, they’ve always been on holiday or in hospital or ill when I’ve called or text of an issue. The housing officer also said they struggle to get in contact with them when they have issues with their other property they let out for them too.

I wish it was just as easy as moving elsewhere,we don’t have the funds to.

G_M

As I understand it the Tribunal is related to your appeal against the S13 Notice?


So it is concerned with assessing an appropriate rent. As I said before, local comparable market rents will be looked at, and so will the condition of the property. Other issues will not.

System

Thank you again, Will the fact that he was aware of issues with the property before renting out to me be something they would consider? Sorry I’m just trying to gauge what to expect. It’s a scary thing when you’ve never done it before.

G_M

I've also never been to one. But I doubt it.



His awareness, motives, intentions etc are unlikely to be considered. Just the current condition in comparison to oter local properties.


On reflection, it might help if you submitted or took with you

* a list of current faults/issues
* photos of the property condition
* copy of the HHSRS assessment