Rented flat - poor condition.

Bighamps

This is an email I had to send to the managing agent about a flat I rented [without a gas safe certificate, I may add] because of the promises and lies.

Should I really be paying rent?

email:
[redacted], You told me the plumbing would be sorted by Friday and surprise surprise you were lying to me again.

This flat is not habitable.

Problems.
No water to sink in bathroom.
No hot water supply to shower, only cold.
Hot water in the bath is a trickle and will take an hour to fill.
Hot and cold are the wrong way round.
No plumbing for washing machine.
No smoke alarm.
Plumber knocked tiles off the wall when fitting new boiler.
Builders rubble bag still in corridor.
Builders bucket full of fag buts on the balcony.
Plug socket for the boiler arcs and makes a buzzing sound.

Now, the garage.

I understand why you were reluctant to show to me the garage, because the garage door does not open and has not opened for a very long time.

You know that and I specifically told you I needed to put my car in there for insurance purposes.
Any loss to me because of this will be retrieved from Lamb and Co.

Having gained access to the garage from the rear, my garage space is completely full of the rubbish left behind by a previous tenant.

You need to get these things sorted sharpish, otherwise, I will be wanting my rent returned for this inhabitable flat.

[redacted] told me that the flat would get a full inspection this week as she “doesn’t trust the builder”. Yet again, more lies from Lamb and Co.

Please let me know when this will be done. A fixed date.

Kevin.

anselld

Invite environmental health to conduct a HHSRS inspection of the property.
Report missing gas certificate to HSE ...
https://notifications.hse.gov.uk/LGSR1/LGSR1
Continue to pay rent.

macman

Non-supply of the GSC alone is a serious criminal offence, which gives you massive leverage. if you want to use it. But, bafflingly, you haven't mentioned it. Nor given a deadline to remedy the deficiencies: 'sharpish' could means days or weeks to some people.
I'd resend,saying that if the GSC is not supplied in 48 hours then you will report the breach to HSE, and this time cc it to the LL. They are liable, not the LA.
Withholding your rent is not an acceptable reaction and weakens your case in a formal dispute.

deannagone

I realise you are angry, justifiably so, but you really need to take the word 'liar' and emotion out of the email.  It won't help you get a response even though its satisfying to vent.  Just make it a bullet pointed list of things that are wrong with a date by which they should be rectified.

As above, call environmental health.  It doesn't sound like the shower is safe to use, you need the supply of water sorted also

The rubbish in the garage will encourage vermin.  EH won't be happy about that either.

Remove reference to bucket containing fag ends, doesn't serve you any useful purpose.

As above, add the sentence about the GSC being supplied in 48 hours etc.

You could also contact your local council and speak to whoever helps with private tenancy problems.  

Alderbank

Bighamps said:

This flat is not habitable.

Problems.

Hot and cold are the wrong way round.

I agree absolutely about not withholding rent, don't say 'liar' and the importance of GSC (and no smoke alarm).

However I had no idea that a rental property is not habitable if the hot and cold are the wrong way round.

Which is the 'right' way round?

PS - I know it's not logical but 'inhabitable' is not the opposite of 'habitable'.

dimbo61

Did you get a copy of the EPC along with the tenancy agreement?
EICR? GSC? PAT testing stickers on electrical appliances ?
Right to Rent checks, deposit information and prescribed information ?
How to Rent leaflet ?
Did you view the property before paying a deposit and first months rent ?
Has the Lettings Agents got some/ most of the work done that should have been done ?
Are you living in the property by yourself ?
The new gas boiler will come with an installation certificate which should have been left on the boiler or emailed to you !
Did you request plumbing for a washing machine ?
Is this a new flat ?

coupleuk

Firstly, no excuse for poor conditions, end of.

BUT, you have shot yourself in the foot with your attitude - it wont and never will get what you want.

This LL will be forced (rightly so) to get the property to standard but you will be getting an S21 and be looking for another property, just because of your attitude.

The Council will tell you to stay put until a court evicts you and you will get a CCJ for any costs and a bad reference from LL.

Basically, even though you deserve to have a decent property, you have gone about things completely wrongly.

BTW you will be able to sue the LL too - and I hope the LL faces punishment from EH as well.

deannagone

If the op has only just started their fixed period, I don't think getting a S21 is a top priority right now.  They just want a decent place to live in and the LL/LA to do what they said they would.  Although I do agree the emotion in their communcations needs to be removed.

And getting a CCJ?  Not likely to happen.  I doubt the OP would let a repossession case get that far, I doubt its the sort of property she'd want to hang on to for grim death.  If any repossession case does get as far as a repossession order, a judge as a part of that case makes an order that the tenant has to pay the costs, there is no automatic CCJ awarded.

The OP is dealing with enough. Best we don't give incorrect overly negative information?

OhWow

coupleuk said:

Firstly, no excuse for poor conditions, end of.

BUT, you have shot yourself in the foot with your attitude - it wont and never will get what you want.

This LL will be forced (rightly so) to get the property to standard but you will be getting an S21 and be looking for another property, just because of your attitude.

The Council will tell you to stay put until a court evicts you and you will get a CCJ for any costs and a bad reference from LL.

Basically, even though you deserve to have a decent property, you have gone about things completely wrongly.

BTW you will be able to sue the LL too - and I hope the LL faces punishment from EH as well.

It's not a case of "what you want". It's more a case of what the landlord must do - igonarance is no excuse in the eyes of the law.

Retaliatory S21s are not allowed if the tenant has stated all the problems in writing and landlord has not complied.https://www.gov.uk/government/publications/retaliatory-eviction-and-the-deregulation-act-2015-guidance-note

However, the OP will have a contract and landlord must comply with all the laws and can't threaten a section21. The OP has a fixed term contract, but might want to use a break clause to lawfully end their contract early with this landlord. Landlord will then have to pay the Letting Agent fees again to find another tenant..

A court will not grant a repossession order when the council has served an Improvement Notice on landlord.

A court ruling to order the tenant to leave, does not give a CCJ. If losing a court case meant you got a CCJ, there would be a lot of ex husbands (or ex wives) with a CCJ. In fact, even if ordered to leave, the tenant can build a case why they should not have to pay the small fee if they lose and the landlord will be made to pay this.If they appeal the S21, that is a different matter and they can likely have free legal advice (read the Shelter site foir advice on this).

A CCJ is about money that is not paid, NOT for an eviction.

 https://www.gov.uk/county-court-judgments-ccj-for-debt

Pay the rent and contact the relevant organisations mentioned above. Also contact Shelter as they know the law and have a read of their site.

The private lettings section of a council can order landord to make the repairs/ clear the rubbish etc. They can also tell the landlord to provide another temporary rental or hotel, if tenent needs to move out while the landlord completes some of the work they must carry out.

If the Landlord does not carry out all the work they have been told to carry out by the council, the council inspect the property and issue an Improvement Notice on the landlord. Tenant is sent an email ordering them to give access for their inspection (which the tenant willingly does). However, during that inspection, the council often finds other work that must be carried out that the tenant did not know about (which can add thousands of pounds to the repairs needed to let).

If their tenant gives the correct notice and leaves, landlord still has to comply with the Improvement Notice before they can let the property (but now with no rent coming in).

OhWow

The landlord also had to gvie you this document-

https://www.gov.uk/government/publications/how-to-rent

Have a read.

The landlord appears to be in a lot of trouble, so stay calm.

You will learn from this experience for your next rental.

Legal cover on an insurance poilcy is also useful to have, to be able to sue a landlord if needs be.Have a read to see what it covers.

TripleH

Its the problem when in situations like this. To get the best outcome you need to stick to the facts and remove emotion from the argument,  unfortunately when you are in a situation like this, you're emotions can overrule common sense.

From what has been said, if you stick to the correct processes and follow the correct guidelines you should be able to get a positive outcome from this scenario.