Landlord has not provided any document when moving in

IamWood

Dear All,

My son and his friends (all university students) are renting a house in London through a private landlord. They moved in today (05/07/2023). The house is well decorated and well located. The rent is around £3,600 per month. However, after phoning to check if they had settled, I learned that the landlord had not provided any legal documents, for example:

1. How to rent

2. Gas safety certificate

3. EPC Reports

I am very surprised that the landlord does not provide them with any documents because the house was rented out when my son viewed the house.

I seriously doubt the house is licensed for HMO either. 

The boys obviously love the house and they've bid up almost £400 a month. I don't think they would like to move out but what is the proper process to deal with this foolish landlord? I know the hardball can be played and the boys could have free accommodation in London.

Should I wait for a few more days or chase after the landlord for them? 

Any advice, please?

Thanks

propertyrental

Have they got

1) an inventory, and if yes, is it accurate? Without a check-in inventory, the LL will have difficulty claiming damages or deductions from their deposit when they leave.

2) a receipt for money paid (advance rent and/or deposit)?

Gas safety report is important- they should write (yes, write to the LL at the address in Eng?Wales 'for serving notices) asking for this. If LL still fails to provide, refer to HSE via form LGSR1 form LGSR1.

Re 1 & 3 frankly that it to the tenants advantage. Without those being provided by the LL  they cannot be evicted via a s21 process. If they want the info within them, they can access via 

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

3) https://www.gov.uk/find-energy-certificate

Note: if they've not been given an address in Eng/Wales "for serving notices on the LL" (can be c/o an agent) then they do not have to pay rent (till they receive it).. See

Landlord and Tenant Act 1987 section 48 (Address for Notices; etc)

IamWood

My boy told me there is no document whatsoever. The boys have paid the deposit and the rent for the first month according to the contract before collecting the keys today.

The landlord did not mention the deposit is protected and there is no formal receipt of them.

The money was paid through money transfer.

The landlord did not ask for a guarantor either. This is odd to rent a house to university students.

elsien

As the tenants could they not chase the landlord themselves, in the interests of learning how to be independent adults?

IamWood

@propertyrental

Thanks

I just checked the contract. The address provided is actually the same address as the house. I thought the landlord lived next door because the house address is something-A. My son told me the landlord didn't live nearby.

@elsien

I did leave the whole process to the boys for them to learn. I did not even give my opinion when they increase the asking price by £400 a month. I feel I could not let them handle the situation anymore if the landlord is dodgy.

How should I go from here?

propertyrental

IamWood said:

@propertyrental

Thanks

I just checked the contract. The address provided is actually the same address as the house. 

IamWood said:

..... However, after phoning to check if they had settled, I learned that the landlord had not provided any legal documents, for example:

1. How to rent

2. Gas safety certificate

3. EPC Reports

.

so is there a written contract or not?

If the address provided is the property and that's in Eng/Wales, then that is where they should sent all formal notices. Presumably the LL has put Royal Mail forwarding in place, but that's not the teants' problem - they post to the address provided ad the law assumes the LL receives it.

In practice, if they have an issue (eg the boiler stops working) do they have a phone number? email? text? They should use those for speedy informal communication PLUS the formal letter to the address provided.

But let's face it,  using the property address is a strong signal that the LL is letting the property without informing his mortgage lender and/or HMRC and/or the council.

If this is (or should be) an HMO depends on the specific circumstances, and which council it is. More info needed.

IamWood

@propertyrental

Thanks.

> so is there a written contract or not?

Yes, there is a written contract. This is the only document from the landlord. The boys communicate with the landlord through mobile. There is also an email address provided in the contract.

> If this is (or should be) an HMO depends on the specific circumstances, and which council it is. More info needed.

The house will be shared by 3 university boys. The house is located in Hammersmith.

It looks like that HMO license is required: https://www.lbhf.gov.uk/housing/private-housing/property-licensing-landlords-and-letting-agents. I just checked. The street is in the list of 'selective licensing'. 

CSI_Yorkshire

IamWood said:

 I know the hardball can be played and the boys could have free accommodation in London.

Should I wait for a few more days or chase after the landlord for them? 

Any advice, please?

Thanks

Advice?

"Playing hardball" with your son's landlord on his behalf - seemingly without his knowledge - with the expectation of getting them free accommodation seems like a pretty dumb thing to do.

I'm all for helping people understand and play by the rules, but you appear to be the equivalent of a compo chaser.

Your "hardball" option is to threaten to tell the council that there's no licence.  Suppose he calls your bluff.  Would you do it?

What would you do if the council turn up with with "correct, he needed a licence and doesn't have one, the tenancy is therefore nullified and they have seven days to return the property to the owner"?

IamWood

@CSI_Yorkshire

You are seriously mistaken and rush to judge. That's not my intention but just put it plainly how foolish the landlord can be.

Do you seriously suggest the boys to hide in a house without HMO license for the sake to have somewhere to stay?

I don't think the concuil or anyone can just drive someone out without legal process.

CSI_Yorkshire

Your entire approach appears argumentative.

"I can play hardball"

"I can get this free"

"Deal with this foolish landlord"

Shouldn't your main concerns be more like

"How do I ensure the money my son is paying is accounted for properly"?

"How can I be sure that the house my son is renting is safe"?

"What is the best approach to find the missing documentation for my son, and what implications might there be for him if it can't be found"?

Please point out where I suggested the boys hide in a house without licence?  I simply pointed out that if you wish to "play hardball for free accommodation", you should be prepared to follow through and accept the consequences

propertyrental

Their options are, in order of severity:

* do nothing (other than the gas cert which is for their safety), knowing that no S21 evicion process would be valid, and deposit deductions by the LL would be hard

* a friendly chat with the LL, either face to face if appropriate, or via email, requesting an EPC, How to rent leaflet, deposit protection details, HMO licence details, EICR (electrics report) etc

* formal reporting to the council licencing dept, council Evironmenta Health re EICR, HMRC, maybe even LL's mortgage lender (locate via Land Registry Title Charges section  £3). But expect a messed up LL/T relationship!

As explained,lack of some of these documents is actually to the Ts advantage.....