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Urgent landlord issues!!

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  • Urgent landlord issues!!

    I moved into a house on 26th November 2012. Before signing the tenancy agreement and handing over my £1100 deposit I asked if the boiler was working, as I knew there had been issues with it, and I also asked what cooker I should get (gas or electric). I was told the boiler was working but the timer on it was broke so it had to be either on or off but it would be fixed ASAP and I was told I could get an electric or gas cooker as there were points for both but if I got gas I would have to pay to have it installed. I was happy with this and paid my deposit and signed the agreement. Upon arriving at the property I saw the front of the boiler was hanging off and not on. I thought this was because there was no had on the meter so I went and topped up with the pre payment card I was given. The meter had a fault on it and would t work. British gas came out and reset the meter ( large debt on there from previous tenant to whom the card belonged which the landlord didn't mention so I presume he was hoping I'd pay it off) the boiler still wouldn't work. An engineer came out on behalf of the landlord and couldn't get the boiler working, by this time it was 1am. The boiler was broke completely. As I have a 5 month old baby and a 9 year old daughter I was forced to use oil filled radiators to keep us warm in one room of the house which subsequently killed the electric which is also pre payment (the type where you insert pound coins and turn the dial to get electric) £20 in 26 hours. I also noticed there was no cooker box for my electric cooker I had purchased after being told I could buy either. After many irate calls to the agent by me I was assured the boiler would be fixed and a cooker box inserted. The agents electrician and gas engineer came to look at boiler and said the fuse board was blown as the landlords engineer had put two live wires in instead of a live and a neutral and that the fan didn't work. The agent and I spoke several times on the phone as they said I could get a boiler for free Audi was in receipt of tax credits but it wouldn't be until the Monday (6 days after) at this point I was in tears I couldn't cook for my kids and they were freezing and we were living in one room of the house because it was all I could afford to keep warm. My guarantor phoned the agent and she finally came down to the property and said the boiler needs a £400 fan but there was no guarantee it would work even with that so they didn't want to fit it. My guarantor insisted that they did as it was worth a try as they had said it was working before we have them alot if money. It did work but I was told that if the boiler was turned off there was a chance it may not come back on which led to me spending a fortune in gas to keep it on all the time for the 5 days til the new boiler was fitted. The new boiler couldn't be fitted until the following Saturday. Nrly 2 weeks after I moved in costing me £50 in gas. The cooker box would be fitted ASAP an electrician would be found to supply a quote. The first electrician tht wa there for the boiler said £250 so they sent another electrician 2.5 weeks after I moved to quote and he said it was a large job that would take at least a day and cost a lot. I heard nothing back from the agent so I rang to see what wa happening and was told the landlord wasnt willing to 'throw away anymore money on the property' and would give me £69 towards a gas cooker (don't know where he shops but even reconditioned ones aren't tht price) and I would have to pay to have it installed. I do t do d this acceptable as I asked before I signed anything which cooker to get and was told by him either gas or electric so why should I pay towards yet another cooker when I e already bought an electric one? I also found out the day after I moved that my electric meter powers the light In the shop next door ( my house is above and behind the shop also owned but rented out by my landlord ) I also found out when my new boiler was fitted I am paying the shops water rates the la slits denies all this when I told him but I had a phone call from the engineer who fitted the water meter to my property who says the landlord knew all along as the engineer had told him that this was the case. The gent and landlord have l own this at the very least since I told them on the 27tj November and have done nothing to rectify it and we r now 3 weeks after I moved in. I have spent £280 in takeaways as I have nowhere to cook food e my kids £65 in pound coins for the electric meter £80 in gas. I have got him a free boiler and feel he has not fulfilled his contractual o locations so why should I fulfil mine. He said I had a garden and a shower in the property in the description he put only e when the shower doesn't work at all and the garden belongs to the shop. I told the agents yesterday I wanted my £1100 back n I was moving out and they have emailed me today saying I can't have my money back and they've tried to rectify things in a reasonable time frame and installed a new boiler so therefore I cannot get out of the agreement. I got them the new boiler for free or they wouldn't have fitted one and is three and a half weeks a reasonable time frame to leave me without the. Poker they said I could use or to leave me paying for the shops electric and water?? I really need some urgent advice on wht I can do and say as I have to pho e the agents back soon and I don't know my legal position. PLEASE HELP!!!!!
    Thank you in anticipation. Of your help.
    Tags: None

  • #2
    Re: Urgent landlord issues!!

    Your council's Environmental Health Department should have a section dealing with private rented property who can advise you. There may also be a housing advice team for private tenants who can help you negotiate.

    Comment


    • #3
      Re: Urgent landlord issues!!

      Thank you!!! I have just phoned them and they said they will be in touch within 5 days. They also said I would have to inform the agent I had called them. U do t suppose you know if I'm legally able to get out of the agreement and get my money back do you? I really don't want to move but the way things are going after three weeks here I want me and my kids out of here! Thank u again!!

      Comment


      • #4
        Re: Urgent landlord issues!!

        You might be able to argue that the lease was induced by misrepresentation, as you could argue the condition of the boiler was of the essence of the contract and there were other misrepresentations eg about the garden; or that the disrepair is so severe that the contract has been breached, however you might need to give them a reasonable chance to put disrepair right first.


        If you're in England or Wales, your deposit should be helped in a deposit protection scheme and these normally have an arbitration scheme for disputes about return of deposit.

        This sounds like it's gone so badly that you'de be best out of there and looking for somewhere better. This may be better adressed via informal neogtiation rather than going through the courts etc, as you haven't been there long. The agents and/or landlord may agree to this rather than have to do expensive repairs, but they are probably trying to keep hold of the deposit and/or to have rent coming in over xmas.

        I don't know whereabout you are but sometimes housing associations eg Peabody Trust let property on the open market as well via council lists, they are normally better about repairs and property condition. Your council should be able to give you advice about finding a better place as well as dealing with this situaiton. They may want to take action against your preesent landlord.

        You can also get advice from:

        - Shelter

        - a Law Centre

        - your councillor

        - your MP

        Comment


        • #5
          Re: Urgent landlord issues!!

          Sorry to hear of your difficulties. Why not take some advice from people like Shelter, Citizens' Advice, or a Law Centre. You could also find a specialist housing solicitor to help you. Legal Aid might be available for this, or if not the solicitor may be able to advise you at a reduced fee. Many offer a free first interview, but make sure you get to see a housing specialist, not a general practitioner.

          Comment


          • #6
            Re: Urgent landlord issues!!

            Hi everyone. Thanks for your replies. Everything so far is sorted apart from the cooker. I asked him before I signed agreement what cooker to et and he said either so I went and spent £100 on an electric cooker. There's no electric point to connect it to. He says he will give me £60 towards a gas cooker but the cheapest reconditioned one I've seen is £129 and its £100 to have it fitted obviously £60 is nowhere near covering that. Because I asked him before I moved and he have me false advice is he required to do anything about this? He says its not his responsibility to provide me with a way to cook which I n ow its not buy because he said I could get an electric cooker when there was no point to connect it to is he obliged to rectify this? I have spent £300 on takeaways for me and my family because of his false advice and now I have to pay for a cooker when I bought one two weeks ago on his saying it was ok to get. Surely there must be something I can do?? I'm in tears as I feel like he's taking advantage of me because I'm a single woman of two kids and have no one to stuck up for me

            Comment


            • #7
              Re: Urgent landlord issues!!

              Facilities for cooking maybe referred to explicitly in your lease.
              Last edited by SpringerSpaniel; 14th December 2012, 07:27:AM.

              Comment


              • #8
                Re: Urgent landlord issues!!

                Have you seen the landlords gas certificate? have you seen the the electerical certificate. It's Illegal to let as property wit h gas withiut the gas cert and you may be able to get out on that basis . You must see the gasmcertificate and they have to be renewed each year . The electricl certs are good for five years .

                Comment


                • #9
                  Re: Urgent landlord issues!!

                  Originally posted by Abi81 View Post
                  Hi everyone. Thanks for your replies. Everything so far is sorted apart from the cooker. I asked him before I signed agreement what cooker to et and he said either so I went and spent £100 on an electric cooker. There's no electric point to connect it to. He says he will give me £60 towards a gas cooker but the cheapest reconditioned one I've seen is £129 and its £100 to have it fitted obviously £60 is nowhere near covering that. Because I asked him before I moved and he have me false advice is he required to do anything about this? He says its not his responsibility to provide me with a way to cook which I n ow its not buy because he said I could get an electric cooker when there was no point to connect it to is he obliged to rectify this? I have spent £300 on takeaways for me and my family because of his false advice and now I have to pay for a cooker when I bought one two weeks ago on his saying it was ok to get. Surely there must be something I can do?? I'm in tears as I feel like he's taking advantage of me because I'm a single woman of two kids and have no one to stuck up for me
                  Hi Abi81,
                  If you have no luck negotiating, you can:-

                  - issue written warnings to landlord, and if no response
                  - buy a cooker, and pay for its fitting, out of rent, and/or
                  - go here and figure out how to make a money claim
                  - include ALL losses he's caused you
                  - that means all the money spent on heating, cooker, takeaways, boiler, shop's bills, whatever you have incurred
                  - the worst a court can do is say no
                  - you can even claim money online here
                  - oh, and by the way, the landlord has vicarious liability for everything the agent does - all of them
                  - so keep good records

                  - keep all receipts, and record everything that happens
                  - don't deal with any of them in any other way than by e-mail, or written letters, if you can
                  - you might want to include costs of moving into his property, if you want to leave
                  - if you decide to sue and stay, and they try to evict you in retaliation,
                  - watch my thread here in which I am fighting retaliatory eviction with human rights and other means
                  - if I find my human rights defences are successful this week, I will be posting them

                  - in my 16 years of being a private tenant I haven't found the advisers THAT much help, to be honest
                  - and it's not because I've had weak cases
                  - but I've ALWAYS had weak advisers, and
                  - I'm including a senior Shelter adviser and senior Shelter solicitor
                  - both told me there was no defence to s21 possession proceedings
                  - I have since submitted a 10-point legal defence and
                  - requested change of agent, new and correct tenancy document, and claims for damages and costs
                  - I'm also including my local law centre in the 'weak advisers' list
                  - they got me to make a 5 hour round trip, only to say they were too busy (same case)
                  - I really would not recommend any of them
                  - although you may get lucky
                  - I would recommend using your own loaf, which you clearly have been doing.

                  Good luck, all the best :lunch: :breakfast: - these are for when your cooker gets fitted!!
                  Last edited by christianpassy; 20th January 2013, 22:42:PM. Reason: additions

                  Comment


                  • #10
                    Re: Urgent landlord issues!!

                    Originally posted by seduraed View Post
                    Have you seen the landlords gas certificate? have you seen the the electerical certificate. It's Illegal to let as property wit h gas withiut the gas cert and you may be able to get out on that basis . You must see the gasmcertificate and they have to be renewed each year . The electricl certs are good for five years .
                    I have been out of the property game for just over 2 years but when last in it...A Gas Safe Registered Plumber must carry out an anual check on any let property.As for electric ,there are no rules as long as its safe when you take the property...but a lot of letting agents were catching on to a possible extra money earner by introducing them as if law like the gas certs, fair enough it should be done once in 10 years if every one wants to be cotton wool safe, and thats the NIC`s way of thinking to...But I know some agents cashing in on dumb landlords and getting it done every year even.And why cant you put a plug on that electric oven? you do not need a special conection, well numerous electric ovens installed in houses i refurbed had mains plugs to power them,put on by an electrician but also so simple as to get 1 metre of cable and 1 plug that any one should be able to do , if you can change a plug them you can wire up an oven...its the same skills.
                    http://www.gassaferegister.co.uk/hel...nspection.aspx Contact these guys ,and especialy if you dont have a cert...If your boiler was not working and a debt on the meter ,then if the certificate was issued when the property was between tenants...How could they carry out the inspection without gas to power the boiler? not possible.What ever you do make sure you have a gas cert, if your property does not then your landlord has broken the law by letting the property,let alone endangering you and your family...I dont know anything about law but surely you would be entitled to every penny you spent?
                    Last edited by IsItRequired; 28th February 2014, 13:38:PM.

                    Comment


                    • #11
                      Re: Urgent landlord issues!!

                      http://www.gassaferegister.co.uk/adv...r_tenants.aspx Sorry ,but this page may help.

                      Comment

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