Rogue Landlord

MozartsGhost

deannagone said:

Please don't carry out the repair and then deduct from rent without following the correct process.  The LL can use this to say you are further in arrears than you already are.  You are walking yourself into being evicted.  If you can't find an alternative property easily, this could be very unpleasant for you.

This is what you need to do if you want to deduct from rent for repairs you carry out - there is a procedure. https://england.shelter.org.uk/housing_advice/repairs/withholding_rent_for_repairs.  I am not sure why but you seem to be ignoring many replies saying withholding rent is a bad idea, unless you follow the procedure given on that web page.

If self employed, you should have accounts?  Can't you use these to apply for a rental property as proof of income? This need for a rental property seems to have been going on for at least a couple of years so you really should have a couple of years of accounts?

I am very sorry you are going through this, its awful dealing with a LL who won't do what they should, but please, don't make the situation even worse.

However, I do agree that the accommodation does sound very dodgy. If you are self employed, do you need to live in South London?  Could you work and live elsewhere?

I am not ignoring the advice here I will pay him , I get my mate who is landlord to get him quote the fix the issues thank you for the link

MozartsGhost

theartfullodger said:

Invite council to carry out HHSRS survey.

So much text without paragraphs, apologies, put me off reading everything... does landlord live in same building? (In which case it won't be AST...)

theartfullodger said:

Invite council to carry out HHSRS survey.

So much text without paragraphs, apologies, put me off reading everything... does landlord live in same building? (In which case it won't be AST...)

Sorry I didn't know I could edit , very new to this , the landlord doesn't live in same building, only me and 1st floor occupants  

MozartsGhost

deannagone said:

Please don't carry out the repair and then deduct from rent without following the correct process.  The LL can use this to say you are further in arrears than you already are.  You are walking yourself into being evicted.  If you can't find an alternative property easily, this could be very unpleasant for you.

This is what you need to do if you want to deduct from rent for repairs you carry out - there is a procedure. https://england.shelter.org.uk/housing_advice/repairs/withholding_rent_for_repairs.  I am not sure why but you seem to be ignoring many replies saying witholding rent is a bad idea, unless you follow the procedure given on that web page.

If self employed, you should have accounts?  Can't you use these to apply for a rental property as proof of income? This need for a rental property seems to have been going on for at least a couple of years so you really should have a couple of years of accounts?

I am very sorry you are going through this, its awful dealing with a LL who won't do what they should, but please, don't make the situation even worse.

However, I do agree that the accommodation does sound very dodgy. If you are self employed, do you need to live in South London?  Could you work and live elsewhere?

I'm not ignoring the advice here , I will not carry out the repairs , but once again write to LL saying these issues need fixing and if can't get it done then my mate who is LL will give him a quote , I must live near to my daughter (16) has crone and is living with an unstable alcoholic mother , in which the she has  to get out the house because the mum lashes out, so this location is the closest , I don't have answers that why I am here , I spent most of my time living in a suitcase never thinking to settle in London , but my daughter needs me , its only been since covid and my mother's death a year before have I needed to stay a whole week here , I was fortunate that the client who hired me paid a percentage of my rent so cost was not the issue , yes its my fault for being complacent , its my fault for being naive in never following up this  issue which has got me to this point ,and many a time being ex military I thought of other alternatives in anger , my daughter save me from that and the cat and Im here trying to work this out in a sensible way, thank you for your advice.  

RAS

Check whether your Council area is covered by the organisation Safer Renting, who can advise you.

One area about which you need to think is Council Tax and utilities, not just broadband. The other is safety.

Are you paying an inclusive rent that covers CT, electric etc? What does your rental agreement say?

Given the lack of a formal postal address and planning permission, it is most unlikely that the studio has been assessed by the valuation office. However, you could be liable to pay CT, even if it's an HMO. The fact that you can live independently of the first floor flat means you are liable for a separate assessment.

Do you have an effective fire door at bottom of the stairs from the first floor? And any indication of fireproofing between the two dwellings? Plus effective independent means of escape from the second floor?

In the absence of those, you really would be wise to move as soon as possible.

MozartsGhost

RAS said:

Check whether your Council area is covered by the organisation Safer Renting, who can advise you.

One area about which you need to think is Council Tax and utilities, not just broadband. The other is safety.

Are you paying an inclusive rent that covers CT, electric etc? What does your rental agreement say?

Given the lack of a formal postal address and planning permission, it is most unlikely that the studio has been assessed by the valuation office. However, you could be liable to pay CT, even if it's an HMO. The fact that you can live independently of the first floor flat means you are liable for a separate assessment.

Do you have an effective fire door at bottom of the stairs from the first floor? And any indication of fireproofing between the two dwellings? Plus effective independent means of escape from the second floor?

In the absence of those, you really would be wise to move as soon as possible.

Thank so much for replying answer inline
Check whether your Council area is covered by the organisation Safer Renting, who can advise you.
I will check today

One area about which you need to think is Council Tax and utilities, not just broadband. The other is safety.

Their is no safety measures in place , no fire fire extinguishers , blankets nothing and i have not seen anyone visit  
Are you paying an inclusive rent that covers CT, electric etc? What does your rental agreement say?

All my are inclusive , Gas , Electric , Water , Council tax  at 880/mth , I pay my Broadband that's it

Given the lack of a formal postal address and planning permission, it is most unlikely that the studio has been assessed by the valuation office. However, you could be liable to pay CT, even if it's an HMO. The fact that you can live independently of the first floor flat means you are liable for a separate assessment.
He has no planning permission but on investigation he applied fot PP at  separate location 1 year after I moved in.

When I moved in here 1st Jan he told me that he had just finished converting the studio and the 1st floor flat ,the 1st floor flat was still vacant ,then I had issues getting  BT to install a line because they couldn't find Top Flat 176A , he told me at first I shouldn't have issue because he lived here before .

My BF is LL and he investigated him and found he had applied for PP somewhere else a year after I moved in ,and It it seems  he had no intention to do the same here at 176a, I got worried when he said I don't exist, he has an Electrical shop at 176 to the left of the Main door on the High St where we enter hence 176A, this address in on the electoral register and  for the past 2 years he has put a sign saying 176A/B above the door because of delivery mistakes I guess, he also change the tenancy agreement.

Do you have an effective fire door at bottom of the stairs from the first floor? And any indication of fireproofing between the two dwellings? Plus effective independent means of escape from the second floor?

No nothing as soon as you open the door , to walk up 2 flights of stairs , on first flight to the left is the first floor flat, then next flight is my door to the attic, their is only 1 door the entrance you come in and out of the dwellings , no fireproofing between the two dwellings.

In the absence of those, you really would be wise to move as soon as possible.
Yes , thank for your help , as stated to other commuters , it has being very hard finding a place plus having a pet is a  red flag , my BF say utility bill are expensive now you have good deal minus the repairs ,bite your tongue save your money and place it on your own place and look for housing associations. 

theartfullodger

Get council to do HHSRS survey.

MozartsGhost

Should let the LL know Im getting this done or would this ring alarm bells in him covering his tracks .

_Penny_Dreadful

Our chief weapon is surprise, surprise and fear, fear and surprise. Our *two* weapons are fear and surprise, and ruthless efficiency.

I wouldn’t warn the landlord that you’re getting the council involved and once they are involved have a look at getting a rent repayment order. 

MozartsGhost

_Penny_Dreadful said:

Our chief weapon is surprise, surprise and fear, fear and surprise. Our *two* weapons are fear and surprise, and ruthless efficiency.

I wouldn’t warn the landlord that you’re getting the council involved and once they are involved have a look at getting a rent repayment order. 

That means the train has left the station and we are in to the tribunal arena, other questions will be asked and LL would think the game is up , and he would need to be shot me.
The occupant in the 1st Floor flat is the LL best mates' daughter and co . so everything is close.
Ok thank you