Private rental condemned...court?

Wheretostart90

AdrianC said:

"Take her to court" for what?

Why did you choose to stay in the property for two years until forced to leave by Environmental Health?

Legally, I suspect that the tenancy has now been frustrated, so ceased.

I asked environmental health to come out due to the issues not being fixed. We could not afford to leave or take out another tenancy somewhere else 
I hadn't thought about court action. My family had and I said I didn't have the time. Then the environmental health mentioned so thought I would see if I could get help with removals at least. 

Wheretostart90

ProDave said:

Well at least a landlord who wants a tenant out now knows another way to achieve that, get the property condemned.

Is there some charity that could help with moving your furniture?

She didn't want us out, she wanted us to stay however she didn't do the work to make it safe and once environmental health were involved there was no choice as it was so bad. 
I will ring around and see if I can get any help. Even if it's a loan. Thanks 

Wheretostart90

deannagone said:

I have been in emergency accommodation, this is the beginning of the end of the nightmare you have been living in.  But as you say, there are some hassles still.  But.., nothing compared to what you have already been through, for so long (bad grammar, apologies).

If you've been in the same area for 5 years, you should have qualified for local housing help (to find permanent housing).  I'd DEFINITELY phone shelter just to check the LA is doing what they should be (just in case they are gatekeeping). Unless, of course, you prefer to move back to your home town.  But if you do, I'm afraid you have to expect to move your furnishings.  

Thank you for your message. Yes, it all just feels a little overwhelming right now. We will get there at least we are safe. That's the main thing. I will have a chat with shelter to see if they can offer any advice. Thank you 

Wheretostart90

Lover_of_Lycra said:

Wheretostart90 said:

Lover_of_Lycra said:

Wheretostart90 said:

Hi all,  based in Wales* i know legislation can vary

Moved into a property in June 2019 it was left empty 2 year prior and is an old house on a farm.
Straight away we had issues with rats. They would dig through the garage walls up under the flooring through our carpets and into our house.
Landlord saw the holes within the first 2months of us living there.
We also have children.
Landlord agreed for pest control to come out however nothing stopped the rats, they in total made a variety of holes in order to gain entry.
In the last few months we have been worried about the beams in the house as they don't seem to be supported by anything other than the window frame which is cracking by the weight.
The electrics are mental. We are being billed £500+ per month and even though she said they were tested before we moved we were never given any proof. Tiles missing off the roof, damp and so on

The property ECP was rated a G until April 2021 now an E
The property was not registered on rent smart Wales until April 2021
No paperwork was given when we moved in at all.

This only happened then because we were on universal credit and she wanted us to get a new boiler from the government.

We messaged over and over for help
We spoke many times via phone about the issues
We showed her in person yet nothing was done

Environmental health attended and condemned the property straight away and have served a prohibition notice
The landlord was here at the time.

They spoke to her outside so I don't know what is happening regarding the property.

We never paid a deposit so nothing to come back

We are now in emergency accommodation
Trying to find the money to transport our stuff from the house and somewhere to store our things. We do not have any spare money.

We assumed she would have been made to fix the issues then we would have stayed. 

Anyway, everyone I have spoken to, even professionals have said I should take her to court for her negligent behaviour, as we have children and the property was extremely dangerous, plus the distress it's caused us. 

She owns and runs an estate agency herself
This is her childhood home

I'm not sure if I can take anymore on mentally however even if they would cover removal or storage it would really help. What do you all think?
We have not heard from them since the visit

Do the professionals you’ve spoken to so far include Rent Smart Wales and/or Shelter Cymru? If so what is the exact advice they have given you already? 

No, I am going to speak to them today because they have been given me advice to try and get landlord to fix the property. It was environmental health officer who mentioned it. 
Thank you 

Shelter do help tenants take landlords to court. I’m not sure if it’s exactly for this type of thing but they’d be far better placed to advise than me.  

There is the Homes (Fitness for Habitation) Act 2018 that allows tenants to take their landlords to court but it only applies to tenancies in England. There might be similar legislation in Wales though. 

Shelter should also be able to help you with the two councils you’re stuck between. 

Thanks. I will have a chat to shelter. As I mentioned it wasn't my first thought. A few people mentioned it and I hoped we could maybe get some help with moving however I won't do anything. 
We will work it out. Go back to my hometown and settle there  

Thank you 

TBagpuss

OK, I can't say if there are any specifc laws relating to tenancies which would allow you to take her to court - Shlter is best placed to help you there.

However, in general, in order to be able to sue someone for compensation for negligence you have to be able to show:
- That they had a duty of care towards you
-That they failed in their duty of care
- That you suffered harm as a result of their negligence
- that the harm you suffered was reasonably foreseeable.

So, the first two appear to be met . as your landlord she has a duty of care, and by leaving the property in an unsafe condition she's broken that.

However, I'm not sure that you'd meet the third requirement. Obviously, if a beam had fallen and you'd been injured (and probably if you or a family has become ill due to the rats ) then you would probably be able to claim compensation. However, I don't think you can claim for having been put at risk, if the risk did not actually result in any harm or injury.

It's possible there might be a claim for breach of contract for any financial losses - for instance, if you were paying extra to rent somewhere else then she might be liable for the difference between that and the rent you were paying, until the date on which she could have ended the tenancy, but if the contract is seen as frustrated by the property being condemned then that would no longer apply. 

In either case, you would have a duty to /mitigate your losses -  for example, you couldn't check into a hotel and expect her to pay the bill for 6 months , you'd be expected to reduce the cost by finding new rented accommodation as soon as possible