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Environmental health visit - landlord.

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  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    If the lack of smoke alarms is a genuine concern to you (and it should be), then take matters into your own hands.

    https://www.amazon.co.uk/FireAngel-SB1-TP-R-Smoke-Alarm-Pack/dp/B07FNRXZ4G/
    Two for a tenner, take seconds to fit.

    If your landlord doesn't give even that much of a toss, then...
  • oldbikebloke
    oldbikebloke Posts: 1,096 Forumite
    1,000 Posts Name Dropper
    edited 4 October 2020 at 10:34AM
    mrsm990 said:
    We were delighted and greatful to be able to live here but it's been over a year now and the smoke alarms and issues raised above still not sorted. 
    The rats we dealt with ourselves, and paid with rent money as they didn't come out to check it themselves.  
    There are many places where they can get in even the pest control man said it's going to be an ongoing problem. I don't have the money to fix the building externally. 
    However that isn't what the post is solely about. It's to give an insight into the issues what we have faced. 
    It's easy to say just move but when there is nothing suitable to move into I'm stuck. 
    The only way I can get help it seems is by allowing environmental health however I feel guilty for doing so 
    ranting on here won't make any difference. The solution is in your own hands

    either move and compromise on what you "want"

    or wait for Enviro Health to inspect and reach a dispassionate professional opinion on what needs doing. For stuff they so identify, they may either condemn the property as a wholse as being "uninhabitable" (in which case you are out) or send the LL a legally enforceable list of repairs which, until they are done, means the LL cannot evict you. The council will then have control of the timetable of repairs - if there are any that they actually consider are needed. Rats are not one of them. 
  • anselld
    anselld Posts: 8,644 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Environmental health will only serve enforcement notices against things which are unsafe.   You should not feel guilty about enforcing those things as you have exhausted all other routes.
  • mrsm990
    mrsm990 Posts: 16 Forumite
    10 Posts
    Thank you. I'm just not sure of how the whole process works in the slightest so I'm worried about it. 
    The lady said environmental health will come out and she could then serve a section 21 notice as it may annoy her. 
    But apparently due to Covid it's no longer 2 months to leave it's 6 months. 
    I am going to let them come regardless 
    I am viewing 2 properties in the next week which have been newly listed on Zoopla however more expensive. 
    To be honest I know it sounds silly but I do feel bad and I don't know if it'll mean them getting in trouble, she is an estate agent so it may affect that too. 

  • anselld
    anselld Posts: 8,644 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    mrsm990 said:
    Thank you. I'm just not sure of how the whole process works in the slightest so I'm worried about it. 
    The lady said environmental health will come out and she could then serve a section 21 notice as it may annoy her. 
    But apparently due to Covid it's no longer 2 months to leave it's 6 months. 
    I am going to let them come regardless 
    I am viewing 2 properties in the next week which have been newly listed on Zoopla however more expensive. 
    To be honest I know it sounds silly but I do feel bad and I don't know if it'll mean them getting in trouble, she is an estate agent so it may affect that too. 

    If EH come and subsequently serve an enforcement notice then she may not serve a s21 since it would come under the rules preventing revenge eviction.
    Given her inability to follow the rules it seems highly unlikely she could serve a valid s21 anyway.
    And finally, as you say it is six months notice even if EH find nothing and she does get it right.
    Why on earth is she incapable of doing a few tests and sticking up some smoke alarms?  She seems bonkers and more than deserves the book to be thrown.  (All though EH tend to be a bit weak at doing so.)

  • brianposter
    brianposter Posts: 1,526 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The real problem seems to be the psychology of the owners. My best guess is that they are simply waiting for the OP to leave, and once that happens they will sort out the property.
    In such circumstances the sensible advice to the OP would seem to be to leave at their convenience and in the meantime cause as little trouble as possible. The OP can be pretty confident that they cannot be forced out for some time.

    Expanding foam is pretty good for filling holes as a temporary measure.
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 4 October 2020 at 11:32AM
    mrsm990 said:
    Thank you. I'm just not sure of how the whole process works in the slightest so I'm worried about it. 
    The lady said environmental health will come out and she could then serve a section 21 notice as it may annoy her. 
    But apparently due to Covid it's no longer 2 months to leave it's 6 months.

    Yes a S21 is now 6 months. However that is irrelevant. 'Revenge eviction' in cases like this is prohibited.
    The Deregulation Act 2015 (S33) protects AST tenants if their tenancy either started, or was renewed, after 1/10/15. Any S21 Notice (the 1st step in eviction) is invalid if

    i) the tenant has reported an issue to the LL and
    ii) the tenant has complained to the council and
    iii) the council has inspected and
    iv) the council has issued an improvement notice to the LL

    If all the above steps have taken place, the LL cannot serve a valid S21 Notice, and any already served S21 becomes invalid.

  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 4 October 2020 at 11:34AM
    An S21 requires 6m notice. Not 6m to leave. You do not have to leave upon expiry of notice, You sit and wait to be evicted, which under present circumstances will take at least another 6m, maybe a year. So if she serves a 'revenge S21', she will have a very long wait for it to take effect. Autumn 2021 at earliest.
    As mentioned above, it's most unlikely that she can even serve a valid S21. Did she protect your deposit? Supply a current gas safety certificate? EPC? 'How to rent' leaflet? A 'no' to any of these voids an S21.
    No free lunch, and no free laptop ;)
  • mrsm990
    mrsm990 Posts: 16 Forumite
    10 Posts
    We have tried expanding foam, they ate through it. Even a metal grate thing and expanding foam behind it. They just found another way in, they literally seem to burrow through the garage, which gives them access under the house, then they can go any direction they want. 

    I think as it was literally stood empty with food and rubbish, the father died and it was locked up and left, the rats have used this time to burrow and use as their home. 

    Outside you come to expect it now and again on a farm but seeing them. 

    They are not waiting for us to leave, they want us here so it's made a home however it's incredibly difficult do that when there is so much work to do. They will never sell the house as it's been in the family for generations and the only time they may potentially want it back is when their children grow up. 

    As there was damp in the dining room the builder they used put some kind of damp proof on the walls inside. Which has reacted to any paint put on after and wallpaper simply cannot stick because it's causes the adhesive to turn to a dust. I've asked about this month's and months ago. Still no help regarding that. We can't go near that wall as it just causes a cloud of dust. 
    I'm pretty sure the product he used is meant for the exterior. 

    I didn't pay a bond or deposit, I have had no certification, no leaflets either. 
  • mrsm990
    mrsm990 Posts: 16 Forumite
    10 Posts
    We have tried expanding foam, they ate through it. Even a metal grate thing and expanding foam behind it. They just found another way in, they literally seem to burrow through the garage, which gives them access under the house, then they can go any direction they want. 

    I think as it was literally stood empty with food and rubbish, the father died and it was locked up and left, the rats have used this time to burrow and use as their home. 

    Outside you come to expect it now and again on a farm but seeing them. 

    They are not waiting for us to leave, they want us here so it's made a home however it's incredibly difficult do that when there is so much work to do. They will never sell the house as it's been in the family for generations and the only time they may potentially want it back is when their children grow up. 

    As there was damp in the dining room the builder they used put some kind of damp proof on the walls inside. Which has reacted to any paint put on after and wallpaper simply cannot stick because it's causes the adhesive to turn to a dust. I've asked about this month's and months ago. Still no help regarding that. We can't go near that wall as it just causes a cloud of dust. 
    I'm pretty sure the product he used is meant for the exterior. 

    I didn't pay a bond or deposit, I have had no certification, no leaflets either. 
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