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cheryl
14-11-2005, 17:44 PM
I am having problems with my landlord and it seems that he makes all of the decisions and I have no rights at all!

I have been a great tenant, always pay on time and am respectful to his wishes. I even don't complain when I am still waiting 4 months later for him to put some new slight bulbs in the hall lights (they are weird lights and no-one I have met can do them!)

Anyway, the drains became blocked and leaked in to the lounge of our basement flat, this was about 2 weeks ago. In amongst a lot of to-ing and fro-ing with him the basic point is that I believe he should give us a rebate on our rent from the day this happened. It has involved us paying top whack rent to eat our tea in bed and have no TV since we can't get reception from our portable. At the same time all he has done to make it better for the lounge is put a dehumidifier in, but it stinks!!!! He refuses to pay this.

I am very very upset that I feel we have no leg to stand on and he is being a bully. Can someone please explain exactly what our rights are? Then we know whether to take this further.

davidjohnbutton
14-11-2005, 17:48 PM
Phone your local council and ask to speak to an Environmental Health Officer - they will ensure your landlord does the repairs or they will execute repairs themselves and recharge the landlord for the costs.

cheryl
14-11-2005, 17:50 PM
Thank you.

We are moving out. This is the second time it has happened, the previous time wasn't too bad but this time is horrific. It will continue to happen unless they move the drains and we don't want to pay such a lot of rent for it just to happen again.

All we want is a rebate of rent from the day it happened. Is he allowed to charge us full rent in this situation?

storex7
14-11-2005, 18:26 PM
When a tenant like cheryl moves out has he/she got the right to take legal action against the bad landlord ? wht is it 90 days / to 1 year ?

dazalock
14-11-2005, 18:50 PM
You can sue for anything within 6 years of a problem occuring, the question is would she be successful in obtaining a rent rebate. IMHO, probably not. The reason being that you not longer carry any proof, unless you took photo's and that an environment health officers sworn statement that the place was uninhabitable. We have many posters on here who are looking for compensation after problems occur. My advise is to reduce your rental payments, gather evidence and put the ball in the LL's court and have him sue you.

cheryl
14-11-2005, 19:40 PM
Thank you.

We are still living in it! So we can get all the proof we need. The EHO came round today and surveyed it. So if I take lots of photos that should suffice?

I already paid him rent on 1st November, this problem occured on 4th November. I want 26 days worth of rent back off him, or at least some of it.

Do you still think likely? Is there any particular statute I could quote him to try and gently persuade him to reinburse me?

Many thanks for all of your advice.

dazalock
14-11-2005, 20:00 PM
You would be advise to withold rent and let him sue you, but I would guess he hold a deposit and would offset that against any monetary loss which occurs.

This would be a difficult case for you too fight, the issue of compensation would be a difficult one and you would need reason to place monetary value on any suffering you have been caused and you would need to prove that the landlord did nothing to rectify the issue. Again, the burden of proof would be on you and it will be upto a judge to make a decision. I could not say wether you would win or not, just that it will be difficult and stressfull for you. I dont believe you could use the moneyclaim site as you have not lost a specific amount, you would need to gain advice from the courts.

cheryl
14-11-2005, 20:45 PM
Many thanks for all of your help.

It would appear that I am right in thinking I have no leg to stand on and the only thing to do to save my sanity is to do nothing and let him walk all over me.

It's very disappointing, I don't believe in the morality of landlords yet again. You think you pay more rent and go into a higher quality flat to be looked after a bit more. It seems I was wrong and landlords are very happy to take your money but fail to deliver with decent morals.

Maybe it would be better if I was horrible tenant and failed to make payments after a few months. From the other threads on here it would seem that tenants who fail to make payments have more rights than us who pay every time and on time.

What is wrong with this world?

many many thanks for your help.

dazalock
14-11-2005, 21:05 PM
It does seem like that I grant you, many of the LL here are frustrated by the bad eggs as you are, there are bad tenants and bad LL's and it would be nice if they could all be matched up and let the rest of us get on with what we do.

If I can give you advise for the future, I would say this. While you hold money you are in a controlling position, it is allways best to let the other side take action, know your rights and continue to be a good tenant, but a strong one.

Please dont take what Ive said to be advise against taking action against this rouge LL, but do so with your eyes wide open.

I wish you the very best

Glitter
15-11-2005, 15:28 PM
Hi,
I have had a bad experience with an unpleasant landlord too! It does seem that there is nothing to support the tenant in these situations. I would advise you to talk it over with your local citizens advice bureau. They have been an endless source of support and advice for me, and have made me feel confident in fighting back.

Clovers Mate
30-11-2006, 11:37 AM
Cheryl,

The statute you need to look at is Landlord and Tenant Act 1985, s11.
(or see Factsheet 11 on the letlink.co.uk website)

cloversmate

wannabe
30-11-2006, 11:46 AM
What is the fault with the drains, are they blocked due to poor maintenance or simply inadequate?

Poppy
30-11-2006, 12:34 PM
Clovers Mate and wannabe, do you realise that this thread came to a natural conclusion one year ago and that the original poster has not logged in since 15 November 2005 ?

jeffrey
30-11-2006, 14:21 PM
Clovers Mate and wannabe, do you realise that this thread came to a natural conclusion one year ago and that the original poster has not logged in since 15 November 2005 ?

So it's not only the drains that have a blockage?