Illegal eviction, no gas safety certificate, deposit not protected, no EPC and unfair rent contract

Smodlet

Couple of things I would take issue with, OP:  Limescale damage should be kept at bay by regular cleaning, surely?  If it has got out of hand, there are limescale cleaners available in supermarkets.  The bath panel not being attached properly should have been brought to the LL's attention as soon as it was discovered if you could not re-attach it yourself and as for the toilet roll holder (I think you'll find most of them are L-shaped) surely you can find something to tighten a screw with, can't you?  A butter knife will do in a pinch if you don't own/can't borrow a screw driver; it's what I used to use back in the day before I found a man do these man-things for me <ducks>  (We can't all be Sarah Beeney... Where's the pink, embarrassed icon?  This new forum sucks)

Seriously, what would you do if you owned your property?  You would have no LL to call on then.  I think tenants are expected to do really basic, cheap maintenance such as changing light bulbs, cleaning off limescale e.t.c.  Sorry if that sounds harsh and maybe I have misinterpreted your posts but tenants do have a responsibility for the low-level upkeep of the properties they rent.  I am sure your tenancy agreement details the parameters of your and your LL's responsibilities; the fact he really needs to address his legal obligations does not absolve you of yours.


To tom9980, I'm sorry but I can't stand it any longer:  You are a LL yet you cannot seem to spell breach as in of contract!  "Breeches" are trousers.  Breathing now.  Wink icon.

Col_67

Smodlet: I agree with the lime scale and we do clean it regularly. Ironically I even bought a £900 Kinetico water softener in December to help reduce the limescale although we never had it fitted due to the issues with the landlord. The limescale was never allowed to get "out of hand" but we did use that shower daily for 5 years. The landlord's issue is that the shower head doesn't look new anymore so he wants to replace it with a new one at my expense. Re: the bath panel, the landlord booked the plumber and as we know he loves to do his "inspections" followed by action points and re-inspections yet he never bothered to check on the quality of work provided by his own tradesmen. Having said that, we pushed the bath panel back almost daily for the last 5yrs and preferred this to having to deal with the landlord yet again, but remember that in my opinion it is the water running down between the seam of the double shower screen that caused the damage. That's a design issue more than negligence on my part. Ironically the landlord wasn't bothered about a Gas Safety Certificate or the fact that EON condemned his boiler but his is bothered about a bath panel? Pardon the pun but that won't hold water if it ever goes to court. I did re-fit the toilet hanger using a fixing dedicated for dry-lined walls but the issue is that it has poor a mounting kit which only allowed one fixing and that isn't sufficient to secure the toilet roll dispenser to a dry-lined wall. As for DIY, my business is involved with fitting large electrical items weighing over 20kilos onto dry-lined walls and I am extremely well equiped with specialised tools that have allowed me to wok in that regard for the last ten years. I am not a DIY novice by any stretch of the imagination. Believe me, we enjoyed this house very much and it was well maintained as best we could but we can only work with what was provided .... expensive furnishings that lack sustainability. They're only good for the photographs on the inventory (that doesn't exist) I'm simply highlighting this fact here and to the landlord who seems to be only interested in getting us out by any means whilst and keeping our deposit. 

Decepcionada19

Yikes, this individual needs the book throwing at him!  Not to replace a condemned boiler is tantamount to endangering his tenants' lives not to mention breaking several laws. When I rented my house, I had to adhere to all the health and safety issues from providing a carbon monoxide detector to gas safety certificates etc etc. The list seemed endless!  Your LL needs reporting to several authorities!

daveyjp

Call the local Council private housing standards department asap tomorrow.

Col_67

Decepcionada19: This is clause 51, 52 & 53 of the tenancy agreement -

51. The Tenant will indemnify and save the Landlord, and the owner of the Property where different from the Landlord, harmless from all liabilities, fines, suits, claims, demands and actions of any kind or nature for which the Landlord will or may become liable or suffer by reason of any breach, violation or non-performance by the Tenant or by any person for whom the Tenant is responsible, of any covenant, term, or provisions hereof or by reason of any act, neglect or default on the part of the Tenant or other person for whom the Tenant is responsible. Such indemnification in respect of any such breach, violation or non-performance, damage to property, injury or death occurring during the term of the Agreement will survive the termination of the Agreement, notwithstanding anything in this Agreement to the contrary.
  

52. The Tenant agrees that the Landlord will not be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the Tenant or by any person for whom the Tenant is responsible who may be on the Property of the Landlord or for any loss of or damage or injury to any property, including cars and contents thereof belonging to the Tenant or to any other person for whom the Tenant is responsible.  

 

53. The Tenant is responsible for any person or persons who are upon the or occupying the Property or any other part of the Landlord's premises at the request of the Tenant, either express or implied, whether for the purposes of visiting the Tenant, making deliveries, repairs or attending upon the Property for any other reason. Without limiting the generality of the foregoing, the Tenant is responsible for all members of the Tenant's family, guests, servants, tradesmen, repairmen, employees, agents, invitees or other similar persons. 

So death by carbon monoxide from his condemned boiler is excused!! 

The boiler was newly fitted but lacks the required fire trap around the ceiling. According to Eon carbon monoxide can leak in from the boiler exhaust in the garage which backs on to the boiler. Ignored by the landlord along with the annual certification, yet he wants me to clean the minor mold spot between the double shower screen with a toothbrush.. go figure! 

tom9980

Col_67 said:

Decepcionada19: This is clause 51, 52 & 53 of the tenancy agreement -

51. The Tenant will indemnify and save the Landlord, and the owner of the Property where different from the Landlord, harmless from all liabilities, fines, suits, claims, demands and actions of any kind or nature for which the Landlord will or may become liable or suffer by reason of any breach, violation or non-performance by the Tenant or by any person for whom the Tenant is responsible, of any covenant, term, or provisions hereof or by reason of any act, neglect or default on the part of the Tenant or other person for whom the Tenant is responsible. Such indemnification in respect of any such breach, violation or non-performance, damage to property, injury or death occurring during the term of the Agreement will survive the termination of the Agreement, notwithstanding anything in this Agreement to the contrary.
  

52. The Tenant agrees that the Landlord will not be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the Tenant or by any person for whom the Tenant is responsible who may be on the Property of the Landlord or for any loss of or damage or injury to any property, including cars and contents thereof belonging to the Tenant or to any other person for whom the Tenant is responsible.  

 

53. The Tenant is responsible for any person or persons who are upon the or occupying the Property or any other part of the Landlord's premises at the request of the Tenant, either express or implied, whether for the purposes of visiting the Tenant, making deliveries, repairs or attending upon the Property for any other reason. Without limiting the generality of the foregoing, the Tenant is responsible for all members of the Tenant's family, guests, servants, tradesmen, repairmen, employees, agents, invitees or other similar persons. 

So death by carbon monoxide from his condemned boiler is excused!! 

The boiler was newly fitted but lacks the required fire trap around the ceiling. According to Eon carbon monoxide can leak in from the boiler exhaust in the garage which backs on to the boiler. Ignored by the landlord along with the annual certification, yet he wants me to clean the minor mold spot between the double shower screen with a toothbrush.. go figure! 

Unenforceable terms, either write my letter and get a nice payout or start reporting him to the council and get a smaller payout and watch him deal with £10k+ in fines, your choice.

Col_67

Tom9980: I've taken your advice on board and will act upon it. Question: when is better... before or after we leave? 

tom9980

Now while you have leverage. 

SharkMoney

I can’t tell if you need a property to live in or just after a windfall?
He doesn’t sound that bad, yes he has made mistakes but a condemned boiler is something engineer do to cover their backs more than anything. 

Col_67

Anyone: If there was no inventory or inspection at check-in or when the original tenants left wouldn't this have an impact on his claim for any damage highlighted at my checkout? Furthermore, isn't the burden on him to prove neglegence/willful damage on my part rather than I having to prove the contrary?