Uninhabitable flat!

[darmah900]

Hello All,

I'm posting this on behalf of a friend of mine (actually more like a stepson really!), whom I'll refer to as "J". He has just signed up for a tenancy on a top-floor flat (on 4th April) which we have just discovered has a loft full of pigeons and their associated mess. Having looked myself, this is of long standing and is also the cause of the smell & stains on the sagging ceilings. In my opinion this is a health hazard and due to the state of the roof it will be a huge job to rectify properly. I've looked at the contract he has signed and it doesn't look right to me. The landlord has become "unavailable", after saying he would "sort it out" this coming Tuesday. Any thoughts on how we should proceed? "J" has paid £320 rent & £300 deposit (in cash), plus a £50 "solicitor's fee" (although I can't see anywhere a solicitor has been involved in the contract!). A redacted scan of the contract is attached.
Frankly, he just wants to get out of this mess (and I agree!).

Many thanks in advance!

[MIKE770]

Re: Uninhabitable flat!

[MENTION=61310]diana[/MENTION]M is best on this one?

[Kati]

Re: Uninhabitable flat!

@Diana M [MENTION=15129]Crazy council[/MENTION] xx

[warwick65]

Re: Uninhabitable flat!

I believe that if the landlord has become 'unavailable' you could contact your local council environmental health department who could intervene and if it was a health hazard might do something about it. It may also help get J onto a housing list, If you need more advice, other than Diana you could try Shelters advice line

[Crazy council]

Re: Uninhabitable flat!

I am not sure how condition 6 sits within the law.

I didnt think ( but not sure ), you could put conditions like that in. Call in envormental health, if they respoond like they know him/have had prior dealings, make a claim against himto recover your monies,

Heres a warning for any tenant. See conditions like that in a tenancy ( item 6 ), especialy page one, not stuck under extra conditions. RUN AWAY. It looks like the LL has done a cut and paste of a more fuller contract, and just stuck in condition 6.

[darmah900]

Re: Uninhabitable flat!

Many thanks for the input thus far.
I just wish I'd had the chance to look at the property (and contract!) before he signed up!
I have a feeling that the landlord will indeed have crossed paths with Environmental Health in the past......

Anyway, J has got through to LL & is meeting at the property after work. Currently going to approach it as "two reasonable people" (i.e: LL agrees to call it quits & refund money. If not , then J is going to suggest he will call EH & see how LL reacts!)

I think the "amicable" approach to start with...

I'll keep you all posted.

Thanks again.