Major Problem

sassy_one

Hello,

Merry Christmas!

I'm after some advice, as have a big problem.

A rental property, started renting 2 years ago.
Landlord advised was registered and also that he would protect deposit in a scheme. 

Problems started when boiler stopped working, which then discovered no Gas Safety certificate has been on it for at least the time entire rental period.



Discovered landlord has been inside the property last few weeks, no idea why or what for, was never told and when I made out I didn't know and asked if he had been nearby recently he denied this.

Found out now as heard back from all deposit schemes, our deposit is not protected.
And he is not registered or licenced.

No payments ever been missed.
However, big problem now, for weeks and weeks he has ignored all contact requests and I know that he is getting them.
The number is blocked also as when you telephone withheld it rings, when you show number it goes straight to voicemail.

No address for landlord, address on AST is no longer valid as checked it.

He isn't in hospital or overseas, I've been checking on other means and he's online on his phone daily.

What are your suggestions please? 

I am posting this on behalf of a family member.

Thank you in advance. 

kazwookie

sassy-one said:

Hello,

Merry Christmas!

I'm after some advice, as have a big problem.

A rental property, started renting 2 years ago.
Landlord advised was registered and also that he would protect deposit in a scheme. 

Problems started when boiler stopped working, which then discovered no Gas Safety certificate has been on it for at least the time entire rental period.



Discovered landlord has been inside the property last few weeks, no idea why or what for, was never told and when I made out I didn't know and asked if he had been nearby recently he denied this.

Found out now as heard back from all deposit schemes, our deposit is not protected.
And he is not registered or licenced.

No payments ever been missed.
However, big problem now, for weeks and weeks he has ignored all contact requests and I know that he is getting them.
The number is blocked also as when you telephone withheld it rings, when you show number it goes straight to voicemail.

No address for landlord, address on AST is no longer valid as checked it.

He isn't in hospital or overseas, I've been checking on other means and he's online on his phone daily.

What are your suggestions please? 

I am posting this on behalf of a family member.

Thank you in advance. 

Get the locks changed to keep LL out, unless LL has made an appointment, change them back when your relation leaves. 

He must be contactable if he recently denied he had been in the house

sassy_one

kazwookie said:

sassy-one said:

Hello,

Merry Christmas!

I'm after some advice, as have a big problem.

A rental property, started renting 2 years ago.
Landlord advised was registered and also that he would protect deposit in a scheme. 

Problems started when boiler stopped working, which then discovered no Gas Safety certificate has been on it for at least the time entire rental period.



Discovered landlord has been inside the property last few weeks, no idea why or what for, was never told and when I made out I didn't know and asked if he had been nearby recently he denied this.

Found out now as heard back from all deposit schemes, our deposit is not protected.
And he is not registered or licenced.

No payments ever been missed.
However, big problem now, for weeks and weeks he has ignored all contact requests and I know that he is getting them.
The number is blocked also as when you telephone withheld it rings, when you show number it goes straight to voicemail.

No address for landlord, address on AST is no longer valid as checked it.

He isn't in hospital or overseas, I've been checking on other means and he's online on his phone daily.

What are your suggestions please? 

I am posting this on behalf of a family member.

Thank you in advance. 

Get the locks changed to keep LL out, unless LL has made an appointment, change them back when your relation leaves. 

He must be contactable if he recently denied he had been in the house

This was the time he has since ignored all contact, when asked if he had been nearby.
Since then he can't be contacted.
Messages show as "Sent" then a while later "Read" but ignores all response.

Telephone calls use to ring, but now number blocked and withheld ones are not answered.

Will pass on regards the locks, but I'm just wondering what if anything the council could do to assist bearing in mind the whole no gas safety check, this is wholly dangerous.

sassy_one

I'm going to add here to, that the tenant is extremely vulnerable and my concern is this LL sounds like he will do as he pleases.

Apparently he rents out over 10 properties also,

pphillips

If the tenant is worried about the boiler then suggest they call Gas Safe.
Maybe the council can advise on enforcement of gas safety requirements against the landlord.

sassy_one

pphillips said:

If the tenant is worried about the boiler then suggest they call Gas Safe.
Maybe the council can advise on enforcement of gas safety requirements against the landlord.

I believe gas board have been out a few times 

Twice they've capped the gas off, and the tenant had to pay for a leak inside the address to be fixed, never been resolved by landlord.

The main concern here is what are the options, as if they move no reference will be given as can't contact LL and if they stay then the LL could try going in again or cause other issues.


Thanks 

anselld

Options for what?

As advised change the locks.
Lack of LGSR - report here .. https://extranet.hse.gov.uk/lfserver/external/lgsr1
Lack of license - does it need one?  If so report to local Council.
Lack of registration - is this Scotland or Wales or some local registration scheme?  It isn't a normal requirement.
Deposit not protected - letter before action and claim through the Courts (normally after tenancy has ended).

pphillips

sassy-one said:

pphillips said:

If the tenant is worried about the boiler then suggest they call Gas Safe.
Maybe the council can advise on enforcement of gas safety requirements against the landlord.

I believe gas board have been out a few times 

Twice they've capped the gas off, and the tenant had to pay for a leak inside the address to be fixed, never been resolved by landlord.

The main concern here is what are the options, as if they move no reference will be given as can't contact LL and if they stay then the LL could try going in again or cause other issues.


Thanks 

Either they stay or give the landlord the required notice and leave. Either way, taking action against the landlord will be difficult if he has left his last known address. I would also point out that a reference from a scoundrel is not worth having.

greatcrested

anselld said:

As advised change the locks.
Lack of LGSR - report here .. https://extranet.hse.gov.uk/lfserver/external/lgsr1
Lack of license - does it need one?  If so report to local Council.
Lack of registration - is this Scotland or Wales or some local registration scheme?  It isn't a normal requirement.
Deposit not protected - letter before action and claim through the Courts (normally after tenancy has ended).

As anselld says:

1) no gas safety certificate. Read HSE guide here and report via form LGSR1.

2) Have you never been given an address "for serving notice on the landlord"? If not, stop paying rent. See Landlord and Tenant Act 1987 section 48.

3) Access to property by landlord. Change the locks. See below.

4) boiler repair. If you do have an address for serving notices (see 2 above), have you writte to that address? (ever mind if it is out of date - that is where you must write). If not, go direct to Enveronmental Health. Have you 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

5) licence. Where is the property? If a licence is required, report to local council or Rent Smart Wales etc.

6) deposit not protected. Assuming Eng/Wales, you can claim 3 times the deposit as penalty at any time for up to 6 years. May be worth waiting, but letting the LL know - he may prefer to fix the boiler asap rather than have you claim the penalty......! Read

Post 3: Deposits: Payment, Protection and Return.

7) paying for repairs. A tenant can deduct the cost of repairs from the rent but ONLY after following a precise process. See Shelter guidance here.

https://www.youtube.com/watch?v=VXAo7zSN-9o

https://www.youtube.com/watch?v=IIPyqtOmprE

sassy_one

Thank you
Will pass this all on
Yes it is in Wales, so RentSmart is mandatory.

If he tries going for an illegal eviction, what will/can be done regards this?
Asking this as we can't come to any other conclusion as to why the landlord would go into a property while tenant us out, say they never were in the area and also moved furniture out in some parts as it wasn't all put back how it was.

Thank you for all these replies.

Slithery

Due to the lack of gas safety certificate at the beginning of the tenancy then as long as the rent is being paid the LL can now never legally evict.
Change the locks and you have nothing to worry about.