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nicspixies
19-05-2007, 11:29 AM
Since taking on our tenancy we have never had any certificate for either gas or electrical safety, neither has our landlady had the boiler serviced.We have been in the property for 18 months, and it has a gas cooker owned by the landlady,and a gas aga also owned by her. We endure constant power problems due to unchecked severely water penetrated sockets.The water is from rain getting into outside light fitments and penetrating an outside wall,which is inside the house, and is directly connected to a hillside. We have raised the issue of this problem and an electrician re-wired the inside socket some time ago, but the water has now caused green growth to spread to an inch off the socket, and the whole room needs a huge amount of repair.This utility room was supposed to be "finished" 3 months after we moved in and has not been touched,is open to the elements on 3 sides and houses electrical appliances. The outside lights trip the power every time it rains. We also have a wooden balcony which despite us asking in writing, and verbally several times to be treated, has also been ignored,when our baby stood against the railings one just fell away and had i not jumped and grabbed him by his collar would have been through it and on the ground below, so we fixed it. I would like advice on what we should do, we get on well with the landlady, but she just ignores everything that we ask her to do. We pay £800 pcm never late, and we love the house and want to stay here, but how do we tackle the problems diplomatically?

P.Pilcher
19-05-2007, 11:56 AM
Well, for a start by not having the gas appliances checked by a Corgi registered gas engineer annually. she is breaking the law! By law she is also expected to ensure that the electrical installation is safe and it certainly doesn't sound it to me thus the services of an electrician are called for.
The heavy way to get your landlady to get all the necessary work done is to complain to your local authority environmental health department, however your landlady has the right to require you to leave at the end of the fixed term of your AST agreement and out of spite might do so. As she hasn't taken any action with regard to your justified complaints, may I suggest that the next step would be to offer to get the necessary work done yourself and deduct the cost from the rent you pay. You are legally entitled to do this, provided you give your landlady sufficient time to get the work done herself and then get several quotations, selecting the cheapest.

P.P.

baldelectrician
19-05-2007, 21:01 PM
if you live in Scotland, you could call your local council. They have a landlord liasion section and can ask the landlord to carry out the work.

The landlord has to prove they are fit to be a landlord (In Scotland) and as such they are unlikely to want any damning evidence against them.

nicspixies
20-05-2007, 05:29 AM
Now we find out last night the landlady is coming round tonight to inform us she is putting the house up for sale with a board next week, she has this belief that by putting it on the market before the 1st of june means she is exempt from the new £6oo pack! I don't think she can just decide to sell it like this can she? So, no gas or electric safety, dangerous externals, to name but a few of the things she hasn't done, do we tell her we are going to report her to the HSE as our days have been numbered anyway by the sale? How can so called landlords, tell you they have no intention of selling in the next ten years, put a decent hard working family with 3 young children into this situation, and almost certainly get away with it?

Miffy
20-05-2007, 08:38 AM
I appreciate that you like the house, but if I were you I would consider myself well shot of both the LL and the house!

I ask you- dangerous and unreliable power and heating, dangerous balcony AND YOUNG KIDS!! It gives me the shivers just imagining it... At least you have a trip switch fuse box-otherwise you would have a good chance of frying yourselves before the old fashioned fuses blew if you touched the wrong spot in the wrong conditions.

Is it REALLY that nice a house that you couldn't get an alternative decently maintained AND SAFE one elsewhere?

Bel
20-05-2007, 11:10 AM
Now we find out last night the landlady is coming round tonight to inform us she is putting the house up for sale with a board next week, she has this belief that by putting it on the market before the 1st of june means she is exempt from the new £6oo pack! I don't think she can just decide to sell it like this can she? So, no gas or electric safety, dangerous externals, to name but a few of the things she hasn't done, do we tell her we are going to report her to the HSE as our days have been numbered anyway by the sale? How can so called landlords, tell you they have no intention of selling in the next ten years, put a decent hard working family with 3 young children into this situation, and almost certainly get away with it?

She can put it on the market. What is important is she gives you the correct notice to quit if it comes to that.

You can refuse permission to enter for viewings. See other posts on this forum. Change locks if you think they may take advantage.

Seek advice from your local authority tenancy relations officer/trading standards (re:gas certificate) if you want her to be held to account, taking into account everything P Pilcher has said.

pippay
20-05-2007, 20:14 PM
Firstly Get in touch with your Local Enviromental Officer and ask them to carry out an URGENT assessment under HHSRS Housing Health & Safety Rating System .. this Act enables the EHO to either enforce the LL to carry out the works or do it themselves and re-charge the landlord.

The LL is responsible for disrepair of the property. Speak to a solicitor conversant with disrepair disputes.

nicspixies
25-05-2007, 01:42 AM
Well LL came last night, not monday, told us she was going to sell the house due to huge concern over the HIP coming in 1st june and said that when she did put the house on the market it would be for a very high price which she did not expect to realise a sale for, with a contract for 3 months guaranteed tenancy when an offer was recieved. She then was thrown off her course when i informed her of the new HIP delay, and shifted to the subject of the amount of interest rate rises she had incurred, as she had taken out a BTL mortgage on the property last year when buying her new residence. This then led squirmingly to the subject of a rent increase to cover her new mortgage amount! The figure was £50.00 pcm raise. We asked for a reference to be given to us asap as we were going to now consider our position, and for a written notice of intent. When we get that we will then ask her AGAIN to repair and corgi inspect etc the property, if once again she does nothing we will have no option to go down the EHO route. I'd like to know if she can market the house, i.e to then get us out due to the cost of the repairs, then take the house off the market to avoid these being done, and on a BTL mortgage are there clauses to put people off selling within short timescales and abusing the system? We want to stay but only if we are safe and under no threat of her pulling a swift one!

Ericthelobster
25-05-2007, 07:06 AM
Bit confused by your post.

To clarify - if she wants to increase the rent for whatever reason, she has to go through the proper procedure. It matters not what jot to you whether the reason is because HIPs are expensive, because the mortgage has gone up, or because she fancies a new Mercedes - all totally irrelevant to you.

Furthermore, if she wants to sell, or put the house on the market for whatever reason, then she's entitled to do so, but she can't use that as a reason to evict you - again, not relevant. She could sell the property with you as a tenant, and the new owner would have to take on your tenancy agreement. If she wants you out for whatever reason, then again, she has to go through proper channels.

Rergarding her mortgage; there's no "law" which states you can't sell a property a day after buying it - any terms and conditions will be specific to the owner's mortgage deal. Eg, there might be a penalty clause for paying off the mortgage within a particular timeframe. But it's nothing to do with 'abusing the system', it's business and all about making profit - whether for the owner or the mortgage lender. And again - an irrelevancy as far as you're concerned.

But as others have said, I'm not sure why you're so keen to stay on.