Property not habitable, next steps for tenant?

[legalfun]

On behalf of relatives, UK (I've been liasing for them with the council and agents/landlord).

Long story short, after years of disrepair and getting the council involved, the agents agreed to complete repairs in a 2 week period.

The tenants were supposed to be temporarily re-housed whilst the works go on but the agents picked a disgusting hotel with no cooking/washing facilities. We know the agents are not timely so we declined and so the council decided the tenants were at fault for declining the accommodation and not allowing the works to begin, stating it would only take a short period and compromises needed to be made.

A situation occurred after where the tenants (excluding the main) were to be away for a period of 2 weeks, so we got in touch with the agents and said they can complete the repairs during this 2 week window without needing to arrange temporary accommodation and they agreed.

They started last week with a damp specialists working Monday and Tuesday. On Wednesday they complained about pests (insects) and refused to continue so the agents called in pest control the same day who treated it.

On Thursday the damp specialists arrived and made the same complaint about pests and refused to work. Pest control could only come out on Friday so they did and noted this was not a serious issue and it was normal.

Damp specialists have continued work elsewhere and said they can come back in a month or so, leaving exposed brick walls.

The agents sent contractors to complete other repairs on Monday who only remained for half the day. They did not turn up on Tuesday or Wednesday and the agents and council (environmental health officer) have stopped responding.

The property is now unfit for the tenants to return, including a 3 year old girl. This girl has suffered multiple health conditions as a result of the property (significant mould, no heating in bedroom, faulty boiler, leaking black water from ceiling in bathroom with a huge hole) with multiple health professionals stating the property as the cause.

What are the next steps for the tenants?

Attachments: images show work done in past week, pdfs show the damage (and it's worse but those were taken a while ago)

Thanks in advance

[dslippy]

They get a lawyerr if at all possible. How many are involved?

[islandgirl]

This may be a silly question but why on earth did the tenants remain in this property if it was causing health issues and was in such bad repair? Is it an Assured Tenancy rather than an AST?

[legalfun]

They'd be out in seconds if they could. They're on benefits and haven't found anywhere else to rent.

The council have not assisted properly and the environmental health officer only got involved after I did which was in December.

3 people involved.

Can't afford a lawyer. Tried looking for a no win no fee lawyer but most lawyers prefer social housing tenants or housing association tenants.

They were actually given an eviction notice 3 years ago but it was never enforced and covid came around.

Deposit also illegally withdrawn.

[islandgirl]

Thank you for the reply. Deposit cannot be withdrawn without permission of tenants so no idea how this could happen.
The only way forward really is to push at the council and to get the LL threatened with prosecution if he does not comply.

[legalfun]

Yeah not really sure how the deposit got taken but it definitely did, confirmed with the deposit scheme myself.

I've done that but they really don't seem to care. Contacted MP as well who has actually been somewhat helpful but council is always giving an untruthful version of events and they are allowed 20 days to respond which delays things.

How much would a lawyer cost in this situation?

[islandgirl]

re the deposit - you then have to make a formal complaint to the scheme. That is not allowed. Tenant has to agree. You may get the money refunded if they have made an error. What are you hoping a lawyer would do for you? The problem is that the LL has taken steps and could not have forseen the vermin issue. The best thing would be for environmental health / the council to give the LL a notice to make the property habitable within a certain timeframe.

[legalfun]

An earlier poster said to get a lawyer, I suppose a lawyer can't do anything in the short-term.

That notice is already in place, the issue is the place was vacated for works to be completed and the family will return to the place mid repairs. Looks like the contractors have started works again so hopefully it is in a better state to at least allow the tenants to return.

Regarding the deposit, I found out there was a letter from the tenants authorizing the agents to take the deposit. But... they can't read or write English which is why I'm assisting (I can't speak their language either but my brother can) and they have no idea about their rights or anything.

So although I don't believe they should have been authorized, even if they were I don't think they can take it out mid-tenancy?

[islandgirl]

I think if the tenants agreed then it is lawful for the LL to take the deposit - presumably this was for a reason - unpaid rent for example?

[legalfun]

Just confirmed it was due to rent arrears yes - but I am surprised it can be taken mid-tenancy. So there is now an ongoing tenancy was no deposit protected.

[islandgirl]

Yes - if tenants agreed deposit has not been illegally withdrawn. I would suggest a hop over to Landlordzone (google it) which is a specialist site for LLs and tenants with some very knowledgeable experts. Post the issue and see if they have any suggestions for your friends. Is rent totally up to date now?

[legalfun]

I have an update here.

I confirmed with the tenants and they actually have no idea about this letter. They cannot read or write English so there's no way they wrote this. Additionally the signature does not match that of the lead tenant.

This is clearly fraudulent - what now?

[islandgirl]

which letter? The deposit service it was held with will have written to the tenants to ask if they agreed to the withdrawal of the deposit. I do not know what the form looks like but if it was sent back ticked or signed (is it certain no signature in the household matches) nothing illegal has happened. If they were not sent the form then it may have. You can search online for which service it was held with I believe so do that and ask them how and why it has been withdrawn. If it was fraudulent then lodge a complaint with the service immediately.

[legalfun]

I spoke with the scheme and the deposit was protected under the insured scheme.

I asked on what grounds they released and they said they didn't, the landlord did once the premises was vacated. I asked how they confirmed but they weren't giving me proper answers.

Either way no one confirmed with the tenants it was ok to release it. Furthermore, the letter I'm referring to (see post 8l is supposed to be a letter from the tenants to the agents allowing the agents to take the full deposit against rent arrears. The signature is clearly supposed to be from the lead tenant as it has his name in it but it's not his real signature as confined on two separate documents (one being his passport).

I'm going to try get a lawyer involved as this is all too much. Are recommendations allowed?

[islandgirl]

But they have not vacated? They are moved due to works is that right? The first port of call is the deposit scheme - lodge a formal complaint and explain the fraud.