Rent increase and rogue landlord

oohiknow

macman said:

The occupier is legally responsible for the CT unless this is an HMO, or the LL lives in the same property. Tell your rellie to deduct the CT and start paying it herself. 
What is the status of her tenancy? Contractual or statutory periodic? Is the tenancy regularised (EPC, GSC, 'How To Rent' leaflet, deposit protected)?
She can decline the rent increase, at present evictions will take maybe a year or more, so she holds all the cards.

It's periodic and no EPC (I've just found out that it's a legal requirement to have one but I know that there is not one for this property!). No deposit was taken. 
Good to know about the eviction process - unfortunately though if it went down this route this is the kind of LL that would go down the illegal route of forcibly evicting and it would get very toxic very quickly, she can be very spiteful. I can imagine the LL getting someone she knows to forcibly enter the property when my rellie isn't there and to put her belongings outside. I'm worried about fighting this and making it worse. I need to support her to get out asap. 

oohiknow

princeofpounds said:

- The demand to raise rent has no legal validity unless it is correctly issued as a Section 13 notice. If not, she does not need to comply, nor does she need to tell her landlady why she is not complying, except to say that she is paying all the rent she is legally obliged to do.

- Because she is now on a rolling tenancy, the landlord can also issue a Section 21 notice to terminate the tenancy .... she should not feel rushed or panicked even if the LL decides to go down this route.

- In terms of the disrepair, she has two main routes to tackle this. One is the tenant's right to repair. This is the fastest route but harder for someone with limited financial resources. The other is to engage the council's environmental health team for an inspection. Obviously she should start off by reporting to the LL in writing all the disrepair, to the address on her tenancy agreement (which I presume is next door).

- Being evicted may not be a bad thing. With an eviction notice, no job etc. then she may then qualify for social housing and should apply through the council. They may also be able to help find different private accommodation for her, so she shouldn't just consult them at the last minute.

- She should change the locks on areas that are allocated to her tenancy - that includes the garden cut-through if it is part of her space. She has exclusive occupation of these areas. If her LL's relatives are on her property without permission then she can tell them to leave, and call the police if necessary. 

- The LL is almost certainly not registering the annexe for council tax - as a separate dwelling it should be separately registered. I would hold off on reporting this for now, as the occupant is actually the one liable, which would then mean having to sue the LL for 'council tax' taken but not paid. But I would strongly encourage reporting it once she has been out of the property for a few months. 

- Anyway, the point of all this advice is that it will eventually force things to a conclusion. Either she moves on herself, or she improves her current living conditions as the LL folds, or she ends up with an eviction notice and more prospect of the council helping. It may be hard and even confrontational, but she needs to improve her situation and sitting around compliantly will not do it.

Thank you so much for taking the time to write this, it's so helpful! 

There's no section 13 been issued so I guess we will decline the increase in rent and wait to see if she issues one. 
In terms of a Section 21 the main anxiety is that we aren't dealing with a reasonable person and the environment is already quite toxic. She is known for being very spiteful and rude and talks down to most people who rent from her. I understand what you've said about not feeling rushed or panicked but if it went this way she is the kind of person who would forcibly remove my relative. I have visions of her going out for the day and coming back to find everything she owns outside. She's already been hospitalised 3 times this year and high enough blood pressure that she's at high risk for a heart attack - I'm not sure she'd be strong enough to deal ...even if the law is on her side. She's on the list for council housing but is a low priority - single person, no dependents etc but like you say there may be a silver lining to any eviction action taken. 

Repair wise I am helping her to write a letter to the landlord restating the repairs that she's asked for over the last few years. One of the windows for example has a loose pane of glass and another is so heavily covered in condensation that she can't actually see out of it. It's really cold in there and almost as soon as she has turned off the heating the heat in the house is lost. 

On your advice and others in this forum, she has placed a lock on the back gate. Unfortunately, though I think this has added fuel to the fire with the LL carrying out lots of petty acts (keeping a log!).

Some kind of report is definitely going to be made but I'm taking the advice on board to wait to see what can be done in the meantime whilst she's residing there. 

oohiknow

greatcrested said:

*Can she put a padlock or similar on the back gate? 

* Change the locks!

* doors /windows /insulation etc. I suspect these are how it's always been. She took up the tenancy with the property like this? She cannot demand 'improvements'. I suppost could ask Environmental Health to carry out an assessment (Covid permitting) and they might or might not serve an 'improvement notice'on the LL

Longer term, I agree she should try to move. The LL is never going to change her spots and become helpful, friendly, or professional.

* did tenant pay a deposit?If so, was it registered within 30 days and did she receive the PI in 30 days?If not she can claim penalty

Hey. Thanks for taking the time. Your post and the links you supplied were really helpful. 

Access wise she's added a lock to the back gate but as stated above it's like fuel on the fire! She's very vindictive and has been engaging in more petty behaviours than usual which my relative is ignoring at the moment. I'm not sure where she'd stand legally on changing the locks on the annexe? I imagine if the LL wanted she would get someone she knows to break in to gain access. We're dealing with that kind of a person. 

No deposit was paid. 

Doors/windows wise - they were in relatively good condition when she moved in. But a few years of battering by the elements 9the house is close to the coast) they've fallen into disrepair. The pane of glass in the front window is actually loose and wind is now blowing through the property through all of the various cracks etc. The back window double glazing has blown and that's been in a state of disrepair for over  year (long after she moved in). Rather than demand improvements over the last few years she's attempted to start conversations about the seals on the windows being fixed or doors reinforced and been met with resistance. The LL actually told her that it would be "too expensive" to fix the windows (we're talking x2 relatively small windows) and then the next month completely replaced all of the doors and windows in her property (next door). She's a difficult person.

I agree she needs to move on asap - we're working on it! I'm doing my best to trawl rental ads! 

Thanks again for the advice, really appreciated!