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View Full Version : Landlord advice needed Please



Libertine
22-04-2009, 19:37 PM
Hi

I lived in a house with 5 others and the house we were living was deplorable. One night we were all out and the front window on our front door was smashed. We informed the letting agency of this but they told us just to put a piece of wood over it and well be alright.

On top of this the roof has caved in 3 times, the staircase is at an angle, the electrics are dodgy and has caused several of dvd players etc to blow up. However the landlord claims it isnt illegal and does not have to repair the wiring. 3 of the bedrooms windows are rotten and the environmental health said they could fall out at anytime.

We refused to pay the last months rent because of the neglect of both the letting agency and landlord. They seem to think that because its a house of young lads they can pin anything on us but we have photo evidence that this isnt true. The landlord is saying we have caused 6k worth of damage which is a load of lies but he claims that he can prove it from the repair work being done and the state of the house he found it in. The Wood on the front of the door could easily be moved and access to house, therefore if someone has vandalised the property while we moved out surely its the agencies and landlords problem for neglecting the property.

The landlord is threating court action, can they do this when our contract was with the agency and not the landlord?

What are our chances of winning any court action as we have a letter saying the door would be repaired on a certain date which never happended, wouldnt this make him uncredible in court?

mind the gap
22-04-2009, 21:12 PM
Hi

I lived in a house with 5 others and the house we were living was deplorable. One night we were all out and the front window on our front door was smashed. We informed the letting agency of this but they told us just to put a piece of wood over it and well be alright.

On top of this the roof has caved in 3 times, the staircase is at an angle, the electrics are dodgy and has caused several of dvd players etc to blow up. However the landlord claims it isnt illegal and does not have to repair the wiring. 3 of the bedrooms windows are rotten and the environmental health said they could fall out at anytime.

We refused to pay the last months rent because of the neglect of both the letting agency and landlord. They seem to think that because its a house of young lads they can pin anything on us but we have photo evidence that this isnt true. The landlord is saying we have caused 6k worth of damage which is a load of lies but he claims that he can prove it from the repair work being done and the state of the house he found it in. The Wood on the front of the door could easily be moved and access to house, therefore if someone has vandalised the property while we moved out surely its the agencies and landlords problem for neglecting the property.

The landlord is threating court action, can they do this when our contract was with the agency and not the landlord?

What are our chances of winning any court action as we have a letter saying the door would be repaired on a certain date which never happended, wouldnt this make him uncredible in court?

From what you have said it would appear the landlord is in breach of his statutory repairing obligations and you would seem to have a good case for suing him over his failure to ensure the house is safe and secure.

Have you asked the Environmental Health Offcier to visit recently? He can require the LL to carry out the repairs. If he does not, then you may wish to consider a counter claim.

The agent is the LL's agent not yours, so you would expect any court action to be instigated by the LL against you - although on the face of it, he doesn't seem to have a very good case.

Also it would be helpful to know:


How much longer has the tenancy left to run?

Has the LL protected your deposit in a scheme?

Has he given you a copy of a gas safety certificate in the last 12 months?

Libertine
22-04-2009, 21:47 PM
Thanks very much for your reply.

In answer to your questions we moved out last month and are in a new property but the landlord just wont let off trying to get the last months rent and repair money despite keeping the bond money which was a months rent plus £150.

We had the environmental health out but having trouble getting his report as he has had contact with the landlord and seems reluctant to give the evidence he witnessed and informed us of while we lived at the property.

I dont if the deposit was protected in a scheme just that the letting agency still have it.

We did not recieve a certifacate for the gas in the whole time we lived at the property.

mind the gap
22-04-2009, 22:01 PM
Thanks very much for your reply.

In answer to your questions we moved out last month and are in a new property but the landlord just wont let off trying to get the last months rent and repair money despite keeping the bond money which was a months rent plus £150.

We had the environmental health out but having trouble getting his report as he has had contact with the landlord and seems reluctant to give the evidence he witnessed and informed us of while we lived at the property.

I dont if the deposit was protected in a scheme just that the letting agency still have it.

We did not recieve a certifacate for the gas in the whole time we lived at the property.

If the EHO will not support your claim for compensation I'm not sure how far it would get. You could however use the gas certificate as a strong card in your suit. To your knowledge was a gas check by a Corgi engineer ever carried out at the property?

However, if your deposit was not protected when it should have been (ie for any tenancy started or renewed after April 6 2007) and/or the details of the scheme not supplied to you, you can sue the LL for the return of your deposit and 3x the deposit which is the penalty for non-compliance.

HOw much do you think the LL owes you at his point and why, and how much does he think you owe him and why?

If the EHO will not support your claim for compensation I'm not sure how far it would get. You could however use the gas certificate as a strong card in your suit. To your knowledge was a gas check by a Corgi engineer ever carried out at the property?

Libertine
23-04-2009, 10:18 AM
In the process of chasing the EHO.

Is the deposit protected that complusory? Its the frst ive heard of it and the last property we are before the date you gave didnt have our deposit protected but we had no problems with that landlord.

Apparently there was an electrician who came out who said they had failed because of a wooden board at the back but it was legal.

The gas engineer apparently came prior to us moving and allegedlly passed however we recieved no certificate to prove this.