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Rent - 2 Months Notice?

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  • Rent - 2 Months Notice?

    Hi guys - I am actually not new here, but my old user name etc. just seemed to disappear!

    Anyway. Hope this isn't too long or complicated. Sorry for going on & on, but it is very important to me to know where I stand.



    We have been privately renting a house (me, wife, kids) for over 20 years, paying every month without fail. There was no tenancy agreement & the "landlord" said "treat the house as your own". The entire house has the wood laminate flooring througout.

    The landlord is foreign & has been sent to prison a couple of time for a stolen car ring he was involved in, so we used to get visits from the police asking where he was (I have no idea where he lives).

    The mortgage of the house is apparently in his sister's name, not his.

    Whenever something went wrong with the house, I usually got someone to fix it & paid for it.

    He has never been involved with checking everything is okay, and never visits.

    We have, for several years, had issues with the boiler. The landlord did start the British Gas Home Care thing, but when the boiler went wrong again a few years ago, I phoned them up to get an engineer out. The landlord had stopped paying for the Home Care, so I started it myself. Every winter, the boiler used to stop working for a few days, no hot water, no central heating, so I got British Gas to come out & repair it. Over & over again (£60 excess each time).

    The spare room toilet started leaking into the garage roof, causing the plasterboard ceiling to bend. I paid to get that fixed.

    The shower stopped working - I paid for a new shower & paid for a plumber to fix it in.

    The small bathroom hot tap stayed on pouring out hot water into the sink, so I got an emergency plumber to fix that, paying him.

    The wiring behind the washing machine is held together but plastic tape & is just lying on the floor.

    The pipe from the washing machine to the back garden drain occasionally gets frozen in subzero temperatures, causing the "overflow" pipe to leak into the house by the wiring cross the floor.

    3 of the 5 radiators on our ground floor do not work, so we had to buy a few oil filled radiators to get some warmth downstairs.

    No carbon monoxide detectors anywhere in the house.

    The en-suite bathroom in the spare room bath does not run. We paid for a plumber to fix it and paid for that. It does not run again any more.

    When the extension was done on our house, the entire front & back gardens were piled up with rubble & waster material. It took all of it to the tip. It took ages for the grass to grow back.

    The middle bedroom's window hinges failed, so I paid for a person to sort them out. A lot of the other window locks/handles are really difficult to close/open and you have to use quite a lot of force to close/open them.

    No electrical inspections have been done in the 20 years we have been here.

    The downstairs toilet, middle bathroom & top bathroom all have draughts coming through from the outside.

    We have paid for 2 entire lengths of side fencing & posts due to wind.

    My elderly mum was at the top of the house, and was walking downstairs. The hand rail was obviously not secured properly, and it gave way. She fell down the stairs, hurting her back. I did not put the hand rail (heavy wood) back on.

    My wife has tripped on the flooring edge from the spare room to the stairs, hurting her knee & ankle a couple of times.

    The smoke alarms that were installed never worked properly & went off at all times of night & day. I disconnected them.

    Some of the electrical sockets on the wall were just handing on by wires, not attached properly. One or two are still like that.

    Okay - sorry about all of the above (there is more but I thought I'd just point out what came to my mind).

    After the last boiler failure in November, I did not pay the rent for that month, thinking that this should have been sorted out years ago, but wasn't.

    A couple of weeks ago, a note was put through the door saying that the landlord was going to retire & wanted him to be the "agent". He is constantly phoning my wife (who I told to ignore the calls) leaving messages saying (not written) that he is giving us 2 months notice to leave.



    We are currently looking around to rent a place with a "proper" landlord. What should I do, what can I do, what shouldn't I do?

    Any advice will be gratefully received. Thank you so much for sticking through this war & peace type topic!

    Ian
    Tags: None

  • #2
    Have you actually been served with a notice to quit, if so is it a section 8 or a section 21?

    Does the agent have written authorisation from the landlord to act on his behalf?

    Comment


    • #3
      Hi EnglandPI

      1) It was a voicemail message - nothing in writing. He keeps phoning my wife every day, which is upsetting her (I told her not to answer the calls). No mention of a section 8 or section 21.

      2) We got a typed note put through the letter box from the "agent" saying that the landlord was going to retire & wanted him to take over his properties.

      Cheers
      Ian

      Comment


      • #4
        This all appears very dodgy to me.

        You obviously dont know the alleged agent let alone if he is actually acting for anyone.

        Until you have seen written authorisation from the landlord you should have nothing to do with the so-called agent because it could just be a scam.

        Even if he produced written authorisation do you have any way of knowing it was actually signed by your landlord?

        Until you are served with a section 8 or section 21 any other notice to quit is invalid.

        Comment


        • #5
          Is there gas in the property? Any gas checks done? As above you do not have to leave until you have a proper notice to quit. I believe a s21 may be invalid unless gas checks etc are up to date and it may fit the criteria for a revenge eviction though I am unsure on this (meaning even if a notice is served it is invalid). If you want a fight then complain about the condition of the property to the council. They will quite likely serve a notice to deal with the boiler etc. However before doing anything at all I would contact the LL and check that the agent really is working for him and that he wants you to leave.

          Comment


          • #6
            Hi IslandGirl - yes there is gas (combi boiler which frequently breaks down) and oven. The only checks that have been done are when British Gas attended to fix the boiler (about 3 or 4 or more times a year).

            I will get hold of the Council to check the property).

            The "Agent" keeps phoning my wife & has now started to leave text messages, which is worrying her (and me). What should I do about these messages? How can me or my wife reply to them? I told her to ignore everything. Should I say "I am getting legal advice on the legality of this tenancy and the condition of the property" or not bother saying anything. Obviously I don't want to escalate it so it goes out of control.

            EnglandPI - The first note that was put through the door by the "Agent" said that the landlord wanted to retired & handed control of the property over to him - there was a signature on it (allegedly from the Landlord, but who knows if he signed it!

            Should I continue to NOT pay rent, as in my opinion, I have paid thousands of pounds to get things repaired out of my own pocket when really it is the Landlord's responsibility I think, and after the last boiler failure in November, I'd had enough and thought "see what happens".

            Maybe I could pay a reduced rent for November & pay another reduced amount at the end of December, or not pay anything again?

            Thank you in advance
            Ian

            Comment


            • #7
              Not paying rent will get you evicted under section 8 potentially when 2 months is unpaid. There is however a process for withholding rent which you must follow if you wish to do so. The choice is yours but you must keep arrears under 2 months...A gas certificate is law - a check must be done every year. As I understand it a s21 notice cannot be valid if this has not been done. In your position I think I would be asking the agent for proof he is working on behalf of the LL otherwise you will not deal with him and I would also say that you will not respond to texts or voicemails or calls but are happy to deal with him in writing by email or post. That way if he makes any threats etc you have them as written evidence. As I have advised before, there is a lot of information on a site called Landlordzone (google it). It is for both tenants and LLs. Perhaps have a look / post there too for advice.
              This is the disrepair protocol
              https://england.shelter.org.uk/profe...e_of_disrepair

              Comment


              • #8
                You cannot withhold rent.

                The landlord and tenant act 1985 allows you to pay for repairs in an emergency that are the landlords responsibility if he has failed in his duty of care to you but you cannot withhold rent. You should pay your rent up to date or you can be evicted and sued for the outstanding rent.

                If you have paid for repairs that were the landlords responsibility you should send him the bill and if he refuses to pay you can sue him in the county court but you cannot withhold rent.

                The two are separate issues.

                The landlord is fully entitled to pursue unpaid rent and if that is the reason for the agents contact with you, he is within his rights.
                Last edited by EnglandPi; 19th December 2021, 15:04:PM.

                Comment


                • #9
                  My wife sent me the text message from the "Agent" ... "Please can you please ring me we need some contact you have not paid your rent you have a dog we have sent you a letter to leave kind regards XXXX"

                  The thing is - I paid cash to all of the plumbers who attended & didn't get receipts - can I just pay SOME rent, otherwise I will be thousands out of pocket.

                  What should I say to the "Agent"?

                  Comment


                  • #10
                    As I said previously unless you are served with a section 8 or a section 21 or even both as it is possible to serve both at the same time to cover all the bases. any other notice to quit is invalid and has no legal standing.

                    As for the unpaid rent, you need to bring it up to date.

                    If a section 8 is issued, incorporated into it, is a county court judgement so its important you correct the rent situation as soon as possible.

                    If you have records of the work done this may suffice in proving your case but a court would take the view that you should have kept receipts when you knew or should have known the work was your landlords responsibility.

                    Comment


                    • #11
                      Thank you - okay - so you're saying that if the letter (which I haven't seen) doesn't mention Section 8 or Section 21, then the notice to leave is invalid?

                      I don't think he can do a Section 21 because we have never had any of the following:

                      The property’s Energy Performance Certificate
                      The government’s ‘How to rent’ guide
                      A current gas safety certificate for the property, if gas is installed
                      The ‘How to rent’ guide before they moved in.

                      I will try to pay last months rent, but the Landlord wins, I guess!

                      Is it even worth me bothering to try to get legal advice on whether the Tenancy is legal or not? Like I said initially, the mortgage is apparently under the Landlords sister's name & apparently he had to get permission from the mortgage provider to allow him to rent the property. Is that worth pursuing or a waste of time?

                      Comment


                      • #12
                        May I respectfully suggest you return here when you have sighted the notice to quit and ascertained its validity.

                        Comment


                        • #13
                          Keep rent arrears under 2 months to avoid eviction via section 8. I would not worry about the legality of the tenancy in terms of the mortgage - the tenancy is still a legal AST between you and the LL - as I understand it everything else is his problem. I would contact the agent and ask for all communication to be via email (give them an address) - easier to print and present in court if necessary. i would say that you will not deal with this person until you have written confirmation from the LL that they are acting on his behalf.

                          Comment


                          • #14
                            My wife had a "concern for welfare" call from the police last night because the Agent had phoned 101 due to us not answering the calls/messages!

                            I think we'll have to phone him & tell him the long list of things that are wrong with the property.

                            I can't find anything in writing about any notice/notice period, even though the Agent said that he'd put it through the letterbox.

                            Comment


                            • #15
                              It would appear the agent is using the police to harass you; you need to make one phone call to the agent telling him politely that all communications need to be in writing and he should cease and desist from making phone calls and sending text messages because he is causing alarm and distress.

                              If you have an address you should reinforce this in writing if not, send him a text and keep a copy.

                              Try not to get into a dialogue with him on the phone.
                              Last edited by EnglandPi; 20th December 2021, 10:16:AM.

                              Comment

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