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kimberley
30-03-2009, 16:05 PM
Hi, can anyone tell me where my Dad stands. He has been renting his current property for over 3 years, 3 badly managed years. At the moment there is no tenancy agreement between him and his landlord as his LL has not drawn up a new contract, it expired December 08. The gas certificate has also expired - June 2008.
On a separate matter my dad also complained to his LL that the window locks in the property where broken on 4/5 of the windows (it is a bungalow) and he has major problems with damp. The heating is also a complete mess as the thermostat is in the kitchen next to the cooker. Dad raised these issues with his LL in December 07 when his tenancy was renewed as the LL promised he would address the problems but hasn't. My Dad left messages and tried to contact his LL for months but failed, so he decided to withhold the rent payments from December08 to now. Unsurprisingly, the LL has now got in contact and is now trying to bully my Dad into paying the rent and is saying that the problems in the house are his fault! He is saying that my Dad has acted illegally and he wouldn’t do anything until the rent was up to date. He completely ignored the fact that there is no gas certificate. What can my Dad do? I gave him the number today for Health and Safety who are going to issue his LL with a warning letter regarding the gas certificate, but was can he do about the repairs and maintenance and has he acted illegally by withhold the rent, even when there is no contract between them?

jeffrey
30-03-2009, 16:32 PM
If it's an AST, there is a Tenancy Agreement. After fixed term expired in December, a statutory periodic tenancy began. If fixed-term rent was payable monthly, SPT month1 started on the day after the fixed term expired. SPT subsequent months begin on the corresponding day of each subsequent month.

Re 'gas' query: L has a statutory duty. Do LZ search for "section 11 of LTA 1985". This duty applies even if, as here, T is in arrears with rent.

kimberley
30-03-2009, 17:37 PM
thanks for your reply. Surely if there is no gas certificate then the LL is renting illegally?

kimberley
30-03-2009, 17:49 PM
if there is no gas safety certificate then there can't be a legal tenancy agreement?

jta
30-03-2009, 18:02 PM
I think there is a tenancy agreement, however the lack of a gas safety certificate is a criminal offence, Two separate issues.
If your Dad is withholding rent, tell him to keep it in a safe place because it will have to be paid eventually.
Your LL must be daft, it only takes a phone call to set up an inspection.

kimberley
30-03-2009, 18:12 PM
dad's got the rent in his bank, he knew it was the only way to get the LL's attention! as for certificate, the LL's gone on holiday with no mention of sorting anything out.

jta
30-03-2009, 18:26 PM
I know a case can be made for getting emergency repairs done and then docking the cost from the rent, but I don't know if this would qualify. Perhaps some more knowledgeable members will chip in, suggestions, not money.

justaboutsane
30-03-2009, 18:52 PM
Get three quotes. Get cheapest one done and deduct from rent. Issue LL with copies of all quotes and invoice for work carried out.

Also the rent money he has withheld should be in a seperate account to his usual one.

Tiggy
31-03-2009, 09:42 AM
I would get in touch with the local council housing officer as they will have ways of insuring that the repairs are made they can send him a notice to sort the damp out at least and deal with the no gas certificate and they would be very interested in that.