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Help needed with rotten landlord.

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  • Help needed with rotten landlord.

    Hello all,

    If my landlord has not complied with the requirements of the Deposit protection scheme, can he evict us on grounds of section 8, 10 or 11. I know he can't use section 21.

    I know he has not protected my deposit, I also know that if I try to get a court order he will get a slapped wrist and told to protect it but will not be asked to pay the three times the amount of deposit as stated in the Housing Act 2004.

    The Landlord has been a complete nightmare. It took him three months to prepare the house following a burst water pipe. However, when I paid him the deposit he told me that one bedroom was not finished and he would have his decorators in within two weeks. It has now been four months and the problem is not just decoration. He is well aware that there is a serious damp problem coming in from where the chimney breast meets the roof. There is masses of mould on the remaining wallpaper, the window would not open as a key had been jammed and then snapped off in the lock. In a very poor DIY attempt a building a wardrobe, there is exposed mains wires, and the rear of light and plug sockets. We have also had no gas safety record.

    Anyway, I felt that the only way to get his attention would be to withold rent. I was right, but I think it's got the wrong sort of attention and he is now threatening to have us evicted due to breaking the terms of the agreement.
    Part of me is thinking perhaps we should move if this is how he is going to be, but part of me is thinking that we chose the house due to it's location which for our circumstances could not be better.

    The neighbours have also had problems with our landlord when they have asked him to do something about the drains backing up and flooding their gardens (this was before we moved in).

    Any help would be very much appreciated.
    Tags: None

  • #2
    Re: Help needed with rotten landlord.

    I'd look for a new house !

    Comment


    • #3
      Re: Help needed with rotten landlord.

      i hope you have paid yhe rent into a holding account and have sent the landlord aletter by recorded delivery stating that you are witholding the rent because oftheproblems outlined. You then need to state that once the work is satisfactorily completed you will happily paytheoutstanding rent . This will amke it much more difficult for the lndlord toget aneviction notice as it shows a legitimate grievence not just a non payment of rent .

      Comment


      • #4
        Re: Help needed with rotten landlord.
        1. Pay the rent arrears
        2. Tell the council housing wallahs about the unsafe nature of the property
        3. Also tell the council that Mr Rachman has not protected your deposit

        Comment


        • #5
          Re: Help needed with rotten landlord.

          good advice clever clogs, but do all those in writing and keep copies.

          Comment


          • #6
            Re: Help needed with rotten landlord.

            It is actually Environmental Health ratehr than the Housing Deparrtment who may assist re disrepair.

            However, as a private tenant, involving them often leads to being given notice. Sheleter's website has helpful information.

            Comment


            • #7
              Re: Help needed with rotten landlord.

              Thanks Guys,

              I think Springer Spaniel hit the nail on the head "Get a new house". Even if the landlord sorted this all out, it's still going to leave a bitter taste in my mouth.
              I contacted Environmental Health. They're gonna send someone round to do a full hazard check which I can use in a counter claim, and then when he has been granted posession, I'll hit him with non protection of deposit. At this stage the court can't just order him to protect it.
              I wouldn't normally act like this but he makes me sick when he is asking full market value for a house which is very much below standards and the only time I get his attention is when it affects his pocket.
              Landlords have the facility to be very picky about their tennant with referencing, credit checks etc, I think tennants should also have the facility to do checks on a prospective landlord.

              Comment


              • #8
                Re: Help needed with rotten landlord.

                Originally posted by nesfulo View Post
                I think tennants should also have the facility to do checks on a prospective landlord.
                Well, yes.
                At the very least, they should certainly be told how many previous tenants have been eaten.

                Comment


                • #9
                  Re: Help needed with rotten landlord.

                  " when he has been granted posession, I'll hit him with non protection of deposit. At this stage the court can't just order him to protect it."

                  He will need to apply for a court order to get possession, it is not granted automatically. You can raise the non-protection of deposit in a counter claim, as well as disrepair, it will go to his credibility as a witness which influence the court in making a decision as to whether to grant thee possession order.

                  You should raise all matters to do with the house and the conduct of the tenancy in your defence and counterclaim.

                  If you receive court proceedings, you can post the claim and your proposed deence and counterclaim here on the site and members will help you with your case.

                  Comment


                  • #10
                    Re: Help needed with rotten landlord.

                    ps - it is an offense under Regulation 36 of the Gas Safety (Installation & Use) Regs 1998 for a landlord not to have the appropriate annual safety check done, & to not supply you with a copy.

                    & if he hasn't done this for you, how about other tenants?

                    http://www.hse.gov.uk/gas/
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      Re: Help needed with rotten landlord.

                      Originally posted by SpringerSpaniel View Post
                      He will need to apply for a court order to get possession, it is not granted automatically. You can raise the non-protection of deposit in a counter claim, as well as disrepair, it will go to his credibility as a witness which influence the court in making a decision as to whether to grant thee possession order.

                      You should raise all matters to do with the house and the conduct of the tenancy in your defence and counterclaim.

                      If you receive court proceedings, you can post the claim and your proposed deence and counterclaim here on the site and members will help you with your case.
                      Does anyone seriously believe that this slum landlord will bother with such niceties as going to court to seek a possession order?

                      Isn't he more likely to use a couple of delta-minus heavies to enforce his own form of eviction?

                      Comment


                      • #12
                        Re: Help needed with rotten landlord.

                        He really must think I'm stupid.

                        Our rent period is from the 1st of each month. He hand delivered a section 21 notice at 7:55am on the 2nd of August and dated it the 1st with a covering letter saying that if we are not out by 30th September then he will start court proceedings. He then sent me a text message saying that he has hand delivered it.
                        I'm looking forward the the court summons.

                        Comment


                        • #13
                          Re: Help needed with rotten landlord.

                          Meanwhile, you can keep the oaf amused by reporting him as suggested by charitynjw in post 10.

                          Comment

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