Loft conversion (Merged)

anselld

https://metroprepaid.co.uk/

Perfectly legal if the tariff is set correctly, but that is down to the Landlord to configure.

OP you will have a difficult case to claim for compensation after the fact.  You will no doubt be asked why you did not report all these illegalities at the time to the relevant authorities and the fact that you have no good reason for that is not going to go down well in your compensation claim.  The legislation and the authorities are there to protect tenants, not to facilitate a compensation claim after leaving.

MaryNB

anselld said:

https://metroprepaid.co.uk/

Perfectly legal if the tariff is set correctly, but that is down to the Landlord to configure.

Ah so that's what it is. Everytime I looked up "metrometer" after OP mentioned it I kept finding results about devices for measuring wombs. That space makes a difference!

ETA: is it just legal for an HMO type arrangement? By what I've read it seems that the OP is in building that has been illegally subdivided into separate properties, not just tenants in separate bedrooms on separate contracts. Shouldn't each property have its own supplier installed and owned meter?

lycane

babyblade41 said:

It does sound as you are intent on the compo route, but be prepared to have deep pockets and be prepared for a very long process 

You can only do so on fact and have evidence to back it up , same with monetary loss ie loss of earnings due to stress which would be backed up by a medical expert 

What the LL allegedly may have done illegally can only be reported
to the relevant authorities and is not up to you to say how they will proceed.

Once you have left the property your case will get weaker 

you do not always need lawyers for doing so, I won cases in the past myself

lycane

MaryNB said:

lycane said:

It's a meter not metrometer. I have no idea there is a law against his type set up but energy meters are installed and owned by the suppliers and there should be one per property. 

Well he got stressed because it's clearly an illegal subdivision. The landlord paying the council tax is a clear red flag. He should only be paying the council tax for a single property if the tenants living in it are on separate contracts. If you and whoever else lives in your flat are on the same tenancy agreement you are liable for paying council tax, no matter what he or the tenancy agreement says.

I don't know what happens if the council finds out but you should ask citizens advice. If I were you I'd be concerned that the council deems the properties to be separate and comes back to you to pay everything owed for the duration of your tenacy. Obviously the total tax due for individual flats will be significantly higher than the total paid for the building as a single property and you may have to pay your share. Since you are responsible for paying council tax you should have made sure you were paying it directly from the start. Unless, as I stated above, you have a flatmate on a different tenancy agreement.

It is illegal this is right. If they find out we will have a perfect case for compensation. We might be exempt from paying council tax soon though

lycane

anselld said:

https://metroprepaid.co.uk/

Perfectly legal if the tariff is set correctly, but that is down to the Landlord to configure.

OP you will have a difficult case to claim for compensation after the fact.  You will no doubt be asked why you did not report all these illegalities at the time to the relevant authorities and the fact that you have no good reason for that is not going to go down well in your compensation claim.  The legislation and the authorities are there to protect tenants, not to facilitate a compensation claim after leaving.

it was our first separate flat, we were sharing before, we didnt know what is the status of the flat, who lives in the rest of the house etc. Soon after, actually just after moving in landlord started harassing us when we complained. It was a strategy to survive here and COVID and general anxiety around it  didn't help with dealing with anything

MaryNB

lycane said:

MaryNB said:

lycane said:

It's a meter not metrometer. I have no idea there is a law against his type set up but energy meters are installed and owned by the suppliers and there should be one per property. 

Well he got stressed because it's clearly an illegal subdivision. The landlord paying the council tax is a clear red flag. He should only be paying the council tax for a single property if the tenants living in it are on separate contracts. If you and whoever else lives in your flat are on the same tenancy agreement you are liable for paying council tax, no matter what he or the tenancy agreement says.

I don't know what happens if the council finds out but you should ask citizens advice. If I were you I'd be concerned that the council deems the properties to be separate and comes back to you to pay everything owed for the duration of your tenacy. Obviously the total tax due for individual flats will be significantly higher than the total paid for the building as a single property and you may have to pay your share. Since you are responsible for paying council tax you should have made sure you were paying it directly from the start. Unless, as I stated above, you have a flatmate on a different tenancy agreement.

It is illegal this is right. If they find out we will have a perfect case for compensation. We might be exempt from paying council tax soon though

You need to find out if you owe any council tax to date then. If you report him and it's deemed to be a separate property on the eyes of the council they could come after you for the council tax owed. It could be a lot of money depending on how long you've lived there. The councils are pretty ruthless when it comes to unpaid tax. Regardless of the illegal conversion issues, you should have known you were liable from the start if you understood you were renting a separate flat. Any issue between you and the landlord with regards to the tax won't be their problem. Going after him for monies owed will be a separate issue.

lycane

anselld said:

https://metroprepaid.co.uk/

Perfectly legal if the tariff is set correctly, but that is down to the Landlord to configure.

OP you will have a difficult case to claim for compensation after the fact.  You will no doubt be asked why you did not report all these illegalities at the time to the relevant authorities and the fact that you have no good reason for that is not going to go down well in your compensation claim.  The legislation and the authorities are there to protect tenants, not to facilitate a compensation claim after leaving.

the council knows, they do nothing to protect us.

for the tariff, I guess additional daily standing charge that goes directly to landlord is not legal

Section62

lycane said:

babyblade41 said:

It does sound as you are intent on the compo route, but be prepared to have deep pockets and be prepared for a very long process 

You can only do so on fact and have evidence to back it up , same with monetary loss ie loss of earnings due to stress which would be backed up by a medical expert 

What the LL allegedly may have done illegally can only be reported
to the relevant authorities and is not up to you to say how they will proceed.

Once you have left the property your case will get weaker 

you do not always need lawyers for doing so, I won cases in the past myself

Whilst people can and do successfully conduct legal action as litigants in person, I'd suggest - gently, and without criticism - that the skills and knowledge required to pursue a personal injury claim as a LIP are such that it is improbable that someone who needed to visit a forum and ask the questions you did in the OP is going to get a positive outcome.

PI claims are a specialist topic, often conducted by legal practices on the basis the party being claimed against (or more likely their insurers) will pay up simply to avoid the hassle and cost of defending the claim.  On the basis of what you've said about the landlord I would doubt that he has an insurer to fall back on, and probably isn't the kind of person who will give in easily to (legal) threats.

If you get to court (and in the current climate that will take a long time), without legal representation you will be on your own, and won't be able to ask the judge to wait while you research the situation or ask further questions on an online forum.  When you walk through the court door you will need to already have answers to cover every eventuality.

Furthermore, whilst the landlord's behaviour may be regarded as reprehensible, do not make the assumption that will put the court squarely on your side.  Landlords get away with what they do because there is a supply of tenants willing (or needing) to rent from them.

The knowledge and expertise you will need to successfully act as a LIP may make the court question whether you should have known what a dodgy landlord he was from the start, and by (for example) avoiding paying council tax, the court may be left considering you to have some culpability in the outcome you've suffered.

I'd strongly encourage you to get professional legal advice before starting a PI (or any other) legal claim against the landlord.

(INAL)

babyblade41

I'm out now. OP is intent on going for compo. My feelings are it will be futile and could end up costing them a lot more especially in unpaid CT 

Please let us know how you get on, it could help others in future 

lycane

MaryNB said:

lycane said:

MaryNB said:

lycane said:

It's a meter not metrometer. I have no idea there is a law against his type set up but energy meters are installed and owned by the suppliers and there should be one per property. 

Well he got stressed because it's clearly an illegal subdivision. The landlord paying the council tax is a clear red flag. He should only be paying the council tax for a single property if the tenants living in it are on separate contracts. If you and whoever else lives in your flat are on the same tenancy agreement you are liable for paying council tax, no matter what he or the tenancy agreement says.

I don't know what happens if the council finds out but you should ask citizens advice. If I were you I'd be concerned that the council deems the properties to be separate and comes back to you to pay everything owed for the duration of your tenacy. Obviously the total tax due for individual flats will be significantly higher than the total paid for the building as a single property and you may have to pay your share. Since you are responsible for paying council tax you should have made sure you were paying it directly from the start. Unless, as I stated above, you have a flatmate on a different tenancy agreement.

It is illegal this is right. If they find out we will have a perfect case for compensation. We might be exempt from paying council tax soon though

You need to find out if you owe any council tax to date then. If you report him and it's deemed to be a separate property on the eyes of the council they could come after you for the council tax owed. It could be a lot of money depending on how long you've lived there. The councils are pretty ruthless when it comes to unpaid tax. Regardless of the illegal conversion issues, you should have known you were liable from the start if you understood you were renting a separate flat. Any issue between you and the landlord with regards to the tax won't be their problem. Going after him for monies owed will be a separate issue.

this is NOT separate property for the council tax, we already know it. Of course chasing landlord is separate issue.