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View Full Version : Unregistered HMO + fire hazards: can T withhold rent?



anselld
01-02-2009, 17:29 PM
Daughter is in a student let (supposedly University approved).

Issues with maintenance including leaking roof have not been addressed follwing many calls and letters since about Oct 08.

On complaining to University they advised calling environmental health. Well, inspector had a fit and nearly closed the place instantly. Apart from the roof there are multiple fire hazards and LL has failed to register as HMO despite being 5 students, three storeys. Env health went away to serve 48 hour improvement notice. That was three days ago and LL has not surfaced.

Question is what happens next. They want to withold rent but I don't think that is allowed is it? Should they just let the council / env health pursue?

ryouga
01-02-2009, 17:42 PM
Where was this as I recently moved from somewhere fitting the description in every way apart from being about 30 rooms.

anselld
01-02-2009, 17:51 PM
Portsmouth.
She is on a least till summer so can't even move without losing out.

ryouga
01-02-2009, 18:00 PM
Different to me then but its a common landlord problem and my uni advice centre told me to move out and write him a letter and keeps copies stating the reasons why, take loads of photos(Id advise that either way) of furniture, halls, damage etc and if you get nowhere threaten the landlord with claiming for compensation, and ask LL for where the deposit went as it is in a scheme as if he hasnt done it you can sue him for up to 3x the amount but the easiest way is to say you are moving, and instead of compensation for him to release you from the contract and any money still owed.

jeffrey
01-02-2009, 20:45 PM
Daughter is in a student let (supposedly University approved).

Issues with maintenance including leaking roof have not been addressed follwing many calls and letters since about Oct 08.

On complaining to University they advised calling environmental health. Well, inspector had a fit and nearly closed the place instantly. Apart from the roof there are multiple fire hazards and LL has failed to register as HMO despite being 5 students, three storeys. Env health went away to serve 48 hour improvement notice. That was three days ago and LL has not surfaced.

Question is what happens next. They want to withold rent but I don't think that is allowed is it? Should they just let the council / env health pursue?
Would not a Closure Order mean that the Letting Agreement is terminated on grounds of frustration?

anselld
01-02-2009, 20:52 PM
I guess so, although the man from Env Health didn't issue one in the end and apparently he was talking about temporary accomodation at LL expense rather than frustration of contract. (not sure as I have only heard 2nd hand).

He did mention that it would be in the LL interest for one person to leave the house, presumably to avoid HMO obligations. That might be a way out (for one at least)