Paying rent and house heating problems

paolonewage

Hi Everyone!

Since last 2016, We rent a bedroom flat in London and we pay rent in his house's mail box every month.  After the first year doing so, I complained to the landlord about this issue that I do not like ( It is very convenient to do bank transfer, besides I cannot withdraw the whole amount in one go but in two days and then It looks as tax cheating) but he said that what we agreed together to pay cash.  The contract received It is just a printout of a contract you can find in Google image, without his signature, besides, It mentions I can pay into the bank account (but It is is blank without any Sort code, Bank account).  In these three years we have a lot of problems with the heating, hence the house is cold until now.
I contacted the council many many times but nothing has been done,  although they did their part sending someone over and trying to resolve the issue.  Two weeks ago' happened that I tried "to bleed the radiator" in the kitchen ending in flooding the corridor and living room carpets.  The landlord came immediately and together we detached the wet carpet: He was understanding and told me "Just wait a week the floor is dry and I will replace the carpet" as well as a very helpful, positive conversation.  Now two months have passed by and we are still waiting the "carpet fitter" to show up. 

OK lets put it in this way: that, has been my genuine mistake opening the wrong valve and slightly flooding the house and I accept it even though the house is cold and we are using the electrical radiator to warn up the house increasing the electricity bill besides paying £120 a month for council tax!   But do not BS me saying you send someone to fit a new carpet floor and after two months....we are still waiting!!

Two days ago' I told him I was not going to place the rent in his mail box but he needs to come to collect it.

Any suggestion guys?

tacpot12

Does the contract have the correct address of the property on it, and how were you sent the contract? It's not even clear to me you have a valid tenancy agreement, and what you can do might depend on whether you have a valid agreement.
Did you pay a deposit and have you need told where this deposit is being held?

Hasbeen

Did you give the Landlord a deposit and is it in one of the TDS?
Do you have current gas safety certificate.
Do you have a current electrical safety certificate?
Do you have a EPC certificate?

And 2 weeks ago is not 2 month's later? You do not open any valves to bleed a radiator?
Council tax has nothing to do with Landlord.

To be honest best course of action would be to move out.

theartfullodger

What does the tenancy agreement state about how rent is paid, please?  I can't read it from here.

Unless it specifies cash into mail box I'd change to bank transactions, initially by sending, by post, post-dated cheques to his home address expiring on rent due date. (Take photocopies).  Clearly standing order preferably but you want to get away from cash I assume.  That you've been paying via mail box does not change what's in agreement.

£5 says he's on the fiddle.  Grass him up to HMRC with details of how much rent is paid 

Don't pay for any repair, sort that through deposit dispute when you finally leave.  

Artful, landlord since 2000

tacpot12

While my initial thought was that moving out would be best, the landlord sounds really sketchy, if the OP wants to stay, there is potential to use the landlord's approach to help secure a better outcome. 

I would suggest that if you do want to stay, you ask the landlord in writing if they will let you replace the  carpets in exchange for allowing you to deduct the cost from the rent. Same with getting the heating repaired. Explain you like the flat and want to stay but can't unless the heating problems are sorted.

If you agreed to pay cash, you can't force the landlord to accept any other form of payment. You can report them to HMRC  anonymously if you think they are cheating on their taxes. 

anselld

The Landlord may have intended to replace the carpet but he is not obliged to do so.

The heating either works or it doesn't.  Faults should be reported in writing and there is a process to follow if they do not get repaired.  (all steps must be followed) ... https://england.shelter.org.uk/housing_advice/repairs/what_to_do_if_your_private_landlord_wont_do_repairs

Cash is a red-herring as far as repairing goes but by all means report if you are suspicious of tax evasion.  It is unlikely to help you progress the repairs though.

greatcrested

paolonewage said:

Hi Everyone!

Since last 2016, We rent a bedroom flat in London and we pay rent in his house's mail box every month.

Did you always get a signed receipt? If not, why on earth would you be giving away wads of cash with no evidence of payment!!!?

After the first year doing so, I complained to the landlord about this issue that I do not like ( It is very convenient to do bank transfer, besides I cannot withdraw the whole amount in one go but in two days and then It looks as tax cheating) but he said that what we agreed together to pay cash.

You were right to complain. You should have simply put a cheque throught the house mail box instead.

The contract received It is just a printout of a contract you can find in Google image, without his signature, besides, It mentions I can pay into the bank account (but It is is blank without any Sort code, Bank account).

It really does not matter what the contract says.Provided you pay the rent there is little the landlord can do. You pay rent (cash, cheque, bank transfer) you are fine).

In these three years we have a lot of problems with the heating, hence the house is cold until now.

Totaly unrelated, seperate issue.

I contacted the council many many times but nothing has been done,  although they did their part sending someone over and trying to resolve the issue.

Please explain. Who came? Evironmental Health? How did they 'try to resolve'? Did they serve an enforcement Notice on the LL? See link below.

Two weeks ago' happened that I tried "to bleed the radiator" in the kitchen ending in flooding the corridor and living room carpets.

? Very hard to do... How? I'm afraid you are liable for any damage you caused.

The landlord came immediately and together we detached the wet carpet: He was understanding and told me "Just wait a week the floor is dry and I will replace the carpet" as well as a very helpful, positive conversation.  Now two months have passed by and we are still waiting the "carpet fitter" to show up. 
Have you writtent o him properly at the address provided? (see link)
OK lets put it in this way: that, has been my genuine mistake opening the wrong valve and slightly flooding the house and I accept it even though the house is cold and we are using the electrical radiator to warn up the house increasing the electricity bill besides paying £120 a month for council tax!   But do not BS me saying you send someone to fit a new carpet floor and after two months....we are still waiting!!
Is your issue the heating? Or the carpet? Or both?

The heating is his responsibility. Have you followed the corect procedure, and what did the council say/do?

The carpet is down to you. You damaged it. You are responsible (at least financially) for any repair/replacement. Have you offerred to pay?

1) stop paying cash.

2) offer to pay for the carpet and ask whether a) you should arrange replacement or b) he wants to replace at your cost. Get respose confirmed in writing

3) follow proper eforcement process for the heating.

Read
Post 2: Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015) plus the Homes (Fitness for Human Habitation) Act 2018

edit: ps - the tenancy agreement is a red herring. You pay rent; you receive a property; you have a valid AST.

Others have asked about other unrelated issues the LL might or might not have dealt with (EPC, deposit, Right To Rent leaflet; immigration staus check, gas safety report etc and if some or all of these have ben ignored by the LL you might have additional protection and/or bargaining power....

paolonewage

Thank you very much for whole your responses.

1 - Yes the contract 2nd page has her name and address written in pinball pen; on the third page on section 2 TENANT'S OBLIGATION says that I have to pay the rent into her bank account, I signed it but never paid into it, because he wants to collect cash! 
2- I paid £500 deposit, NO RECEIPT and in the contract does not mention that as either.
3 - Electricity, council tax and everything else is under my name.
4 - Artful: Yes I want to use the deposit for the house repair (plus the rest from my pocket as I believe It is not enough)
5 - In speaking (like '70) , shaking hands I agreed to pay cash for the rent but after one year I got fedup to cash up from the cash machine besides I find it dodgy!

[Deleted User]

paolonewage said:

Thank you very much for whole your responses.

1 - Yes the contract 2nd page has her name and address written in pinball pen; on the third page on section 2 TENANT'S OBLIGATION says that I have to pay the rent into her bank account, I signed it but never paid into it, because he wants to collect cash! 
2- I paid £500 deposit, NO RECEIPT and in the contract does not mention that as either.
3 - Electricity, council tax and everything else is under my name.
4 - Artful: Yes I want to use the deposit for the house repair (plus the rest from my pocket as I believe It is not enough)
5 - In speaking (like '70) , shaking hands I agreed to pay cash for the rent but after one year I got fedup to cash up from the cash machine besides I find it dodgy!

Is that a typo in 1 or is someone (he) other than the landlord (she) collecting the rent in cash?

Check with all three deposit schemes to see if your deposit is registered with any of them although I wouldn't hold my breath.  You could write to your landlord, at the address for the serving of notices, requesting the details of where your deposit is registered.

paolonewage

It is even silly to show the attachment  because there is my signature on a "blank document".... but that is  the 2nd page of my contract.

paolonewage

1. Sorry: "has HIS name and address written in pinball pen"
2. I read something like this on the council website about tenant's deposit fund...but it is extremely unlikely he did that!