Sunday, August 22, 2010

Help! Bad Landlord? UK advice please!?

Me and my partner are renting a garden flat.We've been living here since 25th June this year although our paper work was all signed on 29th May, we were moving a long way and had to put rent down to cover June although we didn't actually move in until 25th.





Anyway, after being here a few days we noticed our rather poorly built conservatory was leaking. I don't think it was originally a conservatory i believe it was a green house as it's got corrugated plastic roof. It was leaking down one beam on the inside of the roof and we had to put a pan down to catch the drips. We rang the Landlord loads and after a month he eventually sent a bloke out that was recommended to him. He turned out to be a cowboy and sprayed some of that 'No More Gaps' stuff in the corner of the room where he believed it was coming in. So we now have a great green blob in the corner of the room and it didn't even work. It hasn't stopped the water coming in it has merely allowed the water to travel down other beams and walls. So now we have to put several pans down. We also have a plug out there that doesn't have an on/off switch so is constantly on, the water runs down this wall and we have had to put blu tack along the wall to steer the water away from the plug.





It is now December and our roof is still leaking. He came out last week (for the FIRST TIME since we moved in) with his financial advisor to look at the exterior of the property for some reason and didn't even mention our roof. He did how ever have a moan at us about water marks on the carpet out there and said it was from our 2dogs (who are both house trained) and not the roof and that it was going to be expensive to replace after we leave! I'd like to say now that the carpet out there is very old and had a rip in it before we moved in, this is all covered in our inspection papers before we moved in and we all signed it. Which is good but i'm still worried that he might take some of our deposit for the carpet even though it already needed replacing before we moved in. He's using the water marks as an excuse to keep our money to replace an already damaged carpet. We cannot help the watermarks - if we are at work and it rains no one is here to put the pans down. And we aren't moving out anyway.





This morning we were looking through our Tenancy Agreement and in the 'Landlord agrees to...' bit it says he is responsible for the upkeep of the structure of the building. Which he hasn't done and it's now been over 6months. It also says that he keeps the deposit until we leave and doesn't say anything about it being protected. We've found out that from April 2007 all deposits are to be legally protected by government approved, registered protection schemes. We have lived in other rented property before and we were told our deposit was protected and was given a certificate number so if we were to dispute with our Landlord for keeping any deposit we did it through the protection scheme. But since moving here we haven't received anything telling us our deposit has been protected. So as that is now law does that make our Tenancy Agreement void because he hasn't done what he is meant to do with the upkeep of the building and has broke the law by not having our deposit protected? We tried to ring his financial advisor on the number he has given us but the line just goes dead. The Landlord also hasn't given us his personal address so how are we meant to write to him to report anything? If everything is done by phone there is no proof of what has been said. He has given us the address of his financial advisor but if the phone numbers a dud the address might be too.





Any help much appreciated xHelp! Bad Landlord? UK advice please!?
Sounds as if you've got a badd'un here, after Christmas go to C.A.B....in the meanwhile take photographs of the water dripping and the pans etc. Assume that you deposit isn't protected and effectively write it off as the landlord is likely to use the dogs as an excuse to keep it, keep a diary of every problemHelp! Bad Landlord? UK advice please!?
Take photographic evidence of all your problems, because one thing is for sure, you are going to have one hell of a fight trying to get your deposit back.
Get some independent legal advice, should be free, try local authority, although they maybe shut now til january. Good luck!
Stopping the roof leaking is a piddling job and cheap to do if it is a corrugated plastic roof. Stop waiting for your landlord to do it and get it done yourself.





This place you are living in is your home, take some pride in it and fix it. I'm sure it will cheaper in the long run and less stressful when you come to leave and the landlord sees you have looked after the place.





Calm down dear, its only a reply and does not warrant your abuse.





I do know what I'm talking about because I work for the CAB. What I was trying to say, is that it is easier and less stressful for you to get minor jobs done yourself. OK, technically, the landlord is responsible but asking him to do it has got you where?. All wound up and nasty.





This house you live in is your home. It is where you live, raise your kids, welcome your friends. Why did you rent it if it is a rat hole? I would make it watertight, stop water getting into the electrics so I could sleep at night knowing my family was safe.





Some landlords are crap and only want your money. That doesn't mean you have to live in dangerous, sub-standard conditions.





Write to him, give him 21 days notice that you intend to seek estimates to make the place safe and watertight. If he hasn't done the work by then, you will select the cheapest estimate and deduct the costs from the rent.





This will cover you in case he seeks a possession order against you in court.
Speak to your local council offices on Monday, they will be able to tell you if he is a registered landlord and will give advice about your deposit and repairs.
The following I don't like the sound of, what you put:





1. He came out last week (for the FIRST TIME since we moved in) with his financial adviser to look at the exterior of the property for some reason and didn't even mention our roof.





Why a financial adviser I don't know, a building inspector or something is more appropriate.








2. i'm still worried that he might take some of our deposit for the carpet even though it already needed replacing before we moved in. He's using the water marks as an excuse to keep our money to replace an already damaged carpet.





I highly suspect he will keep your deposit for this and make it out as your fault.








3. We have lived in other rented property before and we were told our deposit was protected and was given a certificate number so if we were to dispute with our Landlord for keeping any deposit we did it through the protection scheme. But since moving here we haven't received anything telling us our deposit has been protected.





This is very worrying, and I would get hold of him ASAP.








4. We tried to ring his financial adviser on the number he has given us but the line just goes dead. The Landlord also hasn't given us his personal address so how are we meant to write to him to report anything? If everything is done by phone there is no proof of what has been said. He has given us the address of his financial adviser but if the phone numbers a dud the address might be too.





This is also worrying, as there is no evidence, unless you can get a tape recorder or some sort.











From this I would go to your local CAB office.
Here is my suggestion -


First you need to get your landlords address....the simplest way is to delay payment of your next rent....and I bet he gets in touch quickly.


Tell him that you need an address and phone number with which to contact him...or an address of his management agent for the property. The landlords details should be on any contract anyway. If its the old financial advisor ...then just tell him you don't feel comfortable continuing the relationship without a way of getting hold of the property owner/manger in case of emergency.





Then...write a letter to your landlord (assuming there is still no management agency involved here)....pointing out the following -





(1) You are concerned about the safety of the property, given the leaking roof is leaking into the electrical system.


(2) You want him to arrange for this to be repaired as a matter of emergency.


(3) Remind him you have contacted him oconcerning these matters on several previous occasions, but the situation has got worse and is now a safety issue.


(4) You need him to reply to the letter within 7 days, or you will have to arrange for the matter to be resolved yourselves....and these costs will be deducted from the next months rent.





Get that sorted first.





When thats sorted.....then worry about carpets and deposit....don't allow the issue to become confused or trivalised.





Then.....





Write a letter that you note his concern about the carpets, and that you will arrange to have them cleaned at your own expense. This is on the understanding (and remind him here) that he gives you written confirmation that he will inspect the carpets post cleaning - to agree they are in suitable condition - and importantly - in at least as good condition (excluding normal wear and tear that you would expect over the course of any tenancy during the period you have been there) as when the rental agreement was signed.





Your Tenancy Agreement is not void yet...don't do anything to break the one you have....but you should make it clear to your landlord that you are no longer prepared to put up with the type of relationship and arrangements previously in place. DONT GET RIPPED OFF.





Good luck!

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