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View Full Version : Protected tenant's home is in dire state



Paul UK
27-04-2007, 02:42 AM
My mum has lived in a rented property for 42 years, the first 20 years with my dad until he died. The place was quite poor when we moved in but the landlord has never done anything to it in all this time except for putting main drainage on due to the sespit being on land that he sold.

My dad rewired the property (At his expence) soon after we moved in due to it being in a real mess. He also ended up paying a carpenter to repair the windows because the frames were rotting but the landlord did not want to get it done or pay for it. He did say that he would paint the outside of the property once because he was doing his own before he sold it but he never bothered doing it. I have done it at least 6 times in the last 25 years & its horrible to paint because its pebbledash. Basically the landlord does not want to know about doing anything to maintain the property, he is in his 80's & doesn't give a sh*t.He seems to be on holiday more than what hes home. (He does live in the area.)

In the last 20 years i have paid to have the driveway tarmac replaced due to massive pot holes. New cold water tank, old one was galvanised & rotten. New Hot water tank due to old one rotting & falling out of the airing cupboard in the kitchen! Replaced all hot & cold water pipes with copper. The old stuff was galvenised & lead. Most of the light switches & sockets. Repaired both chimneys, replaced ceilings that were falling down in 2 rooms where cold water tank leaked in loft. Replaced most of the kitchen due to the hotwater tank crashing from its mounting brackets. The list goes on! I do have pictures of it all.

The whole of the back roof was blown off in a storm last year & the flimsey asbestos tiles shattered everywhere, damaging 2 cars in the process & the conservatory roof. I still havent found any replacement tiles for the roof yet but it is weatherproof because i have felted it all ready.

The Asbestos ceilings in 2 bedrooms & hallway are starting to drop quite badly now & are going to need to be replaced very soon also the floor boards are rotting by the front door as are all the windows & doors. Its never ending but i feel as though i shouldn't be the one throwing money at the place but i dont want it uncomfortable for my mum & she has lived in the property for over half her life & does not want to move.

The landlord appeared back in the week to find out how my mum was! I know why he turned up, the opposite neighbours dad died a few weeks back & the funeral cars left from that property. The next thing i knew was neighbours phoning me to make sure my mum was ok!

Whilst the landlord was there he noticed the roof had been felted & he asked where the tiles were. My mum showed him the pile of broken bits on the side of the drive & all he could say was that he would be keeping an eye on the progress of the repair!! He then said that my mum should have phoned him but when she told him that he was on holiday for 3 months his reply was "Dont take any notice of a recorded letter he has sent":confused: .
The letter turned up today saying that the police wanted to know where the tiles were!!! What sort of planet does the man live on???
He has always been a lazy git for as long as i can remember & has just creamed off what his father left him. He seems to think he is a law to himself & i would love to put him straight on a few things & make him put his hand in his pocket.

Hopefully someone can put me in the right direction on what to do about it all. If nothing else it will have made interesting reading!

P.Pilcher
27-04-2007, 10:47 AM
Clearly your mum is a protected tenant and when she dies you will probably be able to coninue in the house as an assured tenant. It is probable that the rent you pay is well below market value, and this is one reason (excuse) for your landlord not carrying out repairs. You may care to contact the environmental health dept of your local authority who could oblige your landlord to carry out the "essential" repairs that you mention.

P.P.

Paul UK
27-04-2007, 11:34 AM
Thanks for the advice, the rent is low but to be honest you would need to pay me to live in it! I actually dont live there but feel that perhaps i should move in & claim the right to take over the tenancy. How long would i need to be there?

The landlord has also put in his letter that i had 48 hours to get out because he thought i had moved in! He stated that he only wishes for my mum to live in the property obviously due to him knowing my rights.Shame he doesn't know what he is suppose to do maintainance wise!

justaboutsane
27-04-2007, 12:23 PM
I think you need to have lived there for about 2 years to claim the succesion rights but please dont quote me! ..

I would also get on the phone to the Environmental Health team your mum is in her twilight years and should be in comfortable surroundings not a hell hole.

If the landlord writes again issuing 48 hours notice I would run to the local authority office and scream harrasement.... he will soon feel someones boot up his backside!!

Paul UK
27-04-2007, 14:55 PM
I know this may sound a silly question but can the landlord state who lives in the house with my mother? He must think so by the letter! I obviously lived there for 21 years before going off to my own home but my circumstances changed 7 years ago & there is no reason why i couldn't move back there with my pets. It wont be many years before she will need more things done for her. At the present i go there 2 or 3 times a week to do the gardening, cut firewood etc and also some repair to the hell hole. I have just spent the last 4 weekends clearing the winter slime off the footpaths, cutting hedges & mowing the lawns.

justaboutsane
27-04-2007, 15:10 PM
He cannot dictate who lives there! NO landlord can! I moved back in with my parents after a 6 year absence but only stayed 3 months! .. I love my independance too much and at 25 and a 4 year old my Dad still tried to tell me what i could and could not do!!!.. Mind You I am now 30 and almost married and he still tries it on!!!!

jeffrey
27-04-2007, 15:13 PM
1. Succession rights are governed by Schedule 1 to Rent Act 1977. I know very little about this, but this reply derives from text of Act; "para" means paragraph of that Schedule.
2. If sole T dies, surviving spouse of T - if also in residence immediately before the death - becomes statutory tenant: para.2(1).
3. If no surviving spouse in co-residence, member of T's family residing with T for at least the last two years can succeed BUT only as an assured tenant (ie on an SAT under 1988 Act): para. 3(1).
4. I think that, from commencement of 1988 Act, there cannot be more than one 1977 Act succession- but you try hacking through that Schedule: your guess is as good as mine.

attilathelandlord
28-04-2007, 15:48 PM
Yes Jeffrey is right, you could succeed your mother as an assured tenant if you have lived with her for two years (the landlord can't really dictate who lives there as he has no sanctions he can apply) there can be only one succession.

You would lose rent protected status though and the landlord would be able to impose a market rent, which is where a lot of succeeding tenants fall down and end up moving out.

You have no legal right to make repairs to the building, however bad it is, without the consent of the landlord. If it is as bad as you say then you should apply to Environmental Health and see if they will issue an order to force the landlord to make repairs. You could come unstuck if it could be proved you caused damage to the property. (I'm not saying you did, but this must be taken into consideration).

Paul UK
30-04-2007, 01:39 AM
I thought it would be a good idea to share a picture of the nightmare place! One of a bad window.
http://i154.photobucket.com/albums/s265/Exmoorsuperstar/P1010007.jpg

Paul UK
30-04-2007, 01:41 AM
This is from where a hole appeared in the ceiling. You can even see the old galvanised water pipes that were still there at the time.
http://i154.photobucket.com/albums/s265/Exmoorsuperstar/P1010003.jpg

justaboutsane
30-04-2007, 06:39 AM
That window looks like one I had to put up with for 10 months! Call your local EHO today and get them out as a matter of urgency.

Paul UK
02-05-2007, 00:24 AM
Thankyou for all of your replies. Would you believe that the landlord has just cleared off out the country for 3 & a half months! He wont be back till mid August! I took time off today so that i could take a letter pointing out all the problems & also to remind him that it his duty to keep the place in a half decent condition. I was going to let him have a chance before getting a bit heavy with him, not that i think he deserves a chance! His next door neighbour informed me that he flew out of the country at 6am yesterday! I wonder what my mum is suppose to do in the event of an emergency???