What recourse do I have against bad landlords

neverdespairgirl

Tozer wrote: »

Very slow day in the legal world!

What area of law are you in?

Tozer

neverdespairgirl wrote: »

What area of law are you in?

Commercial projects with an emphasis on telecoms and technology. You?

Tozer

tbs624 wrote: »

I'd agree with you but there is also a tendency for some posters to leap in with half a picture in front of them: it is possible to make a point without being aggressive.


You have been a tad selective with your quotes from Shelter - let's also consider this bit:

What can I do about it?

If your landlord (or agent) is harassing you, you may be able to get help from the council, or take your landlord to court. Harassment does not have to be obvious or intentional before you can do something about it. You may also be able to:

• ask your landlord to stop the behaviour
• keep a diary, notes and photographs of what happens
• go to an advice centre, the police, the council, or a solicitor for help
• ask your landlord to put all communication with you in writing
• write to her/him, saying if the harassment continues you will take legal action
• have someone with you as a witness whenever you see your landlord
• get together with other tenants who have the same landlord.

This info has already been given to the OP both here and in another thread


My emphasis - IMO it's a reasonable reaction initially to write a firm letter reminding the errant LL/LA rather than shreiking "police - harassment- court", especially when - I repeat - you do not know the full situation. Just for reference, I have mentioned elsewhere that in my time as a tenant I too have experienced an impromptu and unwelcome visit from a LA. It did not happen again.:D

Agreed. Sometimes there is an enormous gulf between 'heres what I should/could do' and 'here's what I ought to do'.

Sometimes I do think this website encourages OTT behaviour...

prudryden

s.16 of Housing Act 1988. In full, it reads:

"It shall be an implied term" [i.e. automatic provision, which cannot be excluded]...
"of every assured tenancy" [i.e. AST or SAT]...
"that the tenant shall" [i.e. must, not just could or might]...
"afford to the landlord access to the dwellinghouse let on the tenancy and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute."

Thank you all and good night.

N79

MissMoneypenny wrote: »

Here is the information from shelter:-
http://england.shelter.org.uk/get_advice/advice_topics/renting_and_leasehold/rights_and_responsibilities/landlords_responsibilities



Giving the tenant certain information

All landlords have to give their tenants their name and a UK contact address. If the property is managed by a letting or property agent, they must also provide you with the landlord's full name and address.
Any requests should be made in writing, you should also keep a copy of the letter and send it by recorded delivery, if you want proof of postage. If you don't get a reply in writing within 21 days of them receiving your letter, the landlord is committing a criminal offence.
Your next step could be to report your landlord to your local council's tenancy relations officer (TRO). TROs can get involved in disputes between landlord and tenants and can even prosecute the person who does not provide this information. You should also be able to get your landlord's details from the Land Registry. You can do this online by filling in a form and paying a small fee.

I'm sorry, I usually keep our of these contentious threads but this is dreadful wording by shelter because it implies that you have a legal right to know your LL's address. In the interests of correct information being provided I felt I should post. What shelter has written is simply not true. Ts have a right to know a servable address within the UK for their LL. This can be their agents address, if that is the agreement the LL has with their agent. So the LL address could be LL, C/O Agents Co. This T right comes for S48 of the Landlord and Tenant Act 1987.

If anyone believes I am wrong then I would be glad to be corrected, but please provide some details for where such an obligation on LL comes from.

As an aside, regulars will know that I am a LL. If I gave my Ts my home address then they would be stuffed because I am a non resident LL. They would be unable to initiate proceedings against me in the small claims court because of the need to serve out of jurisdiction (this requires the courts permission and is expensive - 1000s of pounds just to serve papers). That is why the law requires a servable address within the UK for LLs. No more, no less.

prudryden

As usual, you are dead on again N79. Sounds like a robot.

neverdespairgirl

Tozer wrote: »

Commercial projects with an emphasis on telecoms and technology. You?

Immigration, and immigration-related crime. Also a bit of extradition, now and then. OH is a barrister as well, he does employment, landlord and tenant, and general common law.

tbs624

N79 wrote: »

.......If anyone believes I am wrong then I would be glad to be corrected, but please provide some details for where such an obligation on LL comes from.

As an aside, regulars will know that I am a LL. If I gave my Ts my home address then they would be stuffed because I am a non resident LL. They would be unable to initiate proceedings against me in the small claims court because of the need to serve out of jurisdiction (this requires the courts permission and is expensive - 1000s of pounds just to serve papers). That is why the law requires a servable address within the UK for LLs. No more, no less.

See also LL &T Act 1987, s47 - Landlord’s name and address to be contained in demands for rent etc.

(1) Where any written demand is given to a tenant of premises to which this Part applies, the demand must contain the following information, namely—

(a)the name and address of the landlord, and

(b)if that address is not in England and Wales, an address in England and Wales at which notices (including notices in proceedings) may be served on the landlord by the tenant"

The emphasis is my own: the use of the word and as opposed to or perhaps is at odds with your interpretation of the situation for non UK resident LLs N79?

Tozer

tbs624 wrote: »

See also LL &T Act 1987, s47 - Landlord’s name and address to be contained in demands for rent etc.

(1) Where any written demand is given to a tenant of premises to which this Part applies, the demand must contain the following information, namely—

(a)the name and address of the landlord, and

(b)if that address is not in England and Wales, an address in England and Wales at which notices (including notices in proceedings) may be served on the landlord by the tenant"

The emphasis is my own: the use of the word and as opposed to or perhaps is at odds with your interpretation of the situation for non UK resident LLs N79?

In fairness guys there does seem to be a provision (which, before Missmoneypenny hoots on about!! :beer: , I did not know about) but you can ask the letting agent for details of the landlords address and they appear required to provide it.

Query what good this does as ALL contractual notices and proceedings should be served in accordance with the "notice provision" of the agreement.

Tozer

neverdespairgirl wrote: »

Immigration, and immigration-related crime. Also a bit of extradition, now and then. OH is a barrister as well, he does employment, landlord and tenant, and general common law.

Nice one. Much better suited to things like this than me. That said I try to help and look what happens...