HOUSING Disrepair Claim. (Landlord and Tenant Act exclusions)

[BYSTANDER IN PERSON]

SLUMDOG LANDLORD: COUNTY COURT CLAIM.

I recently submitted a claim against our landlord for damages and compensation. We Lost the case.

Background info: The rented property we occupied was condemned by the local authority as unfit for human habitation, the Officers listed 12 pages of faults viz: Leaking Roof, bedroom ceiling collapsed, rainwater entry, window frames rotten and allowing water entry, mould, damp, heating problems, interior doors and garage doors won't close, one garage window missing. All later confirmed by an independent survey by a Chartered Surveyor. Both he and the Council officers agreed this was due to long-term zero maintenance and a complete failure to maintain and repair. Its hard to believe but only one of these faults was allowed by the Court to be heard, this was the roof leak, a structural problem. The other faults including the windows, doors, wall damp and ceiling mould etc, including no heating (C.H. boiler failure) were disallowed (not heard) because under the Landlord & Tenants Act Sec 11, all these housing problems are EXCLUDED?

Does anyone know what Act of Parliament Applies in this situation - meaning which Act cover these rented property faults and under which Act we should have claimed damages for? The breach of verbal contract to maintainn and replace landlords fitting was involved. We are appealing.

[Amethyst]

Re: HOUSING Disrepair Claim. (Landlord and Tenant Act exclusions)

For Ref: https://www.legislation.gov.uk/ukpga/1985/70/section/11

Was the landlord given notice and the opportunity to put things right?

How long have you rented the property?

What was your claim based on? and what was the actual final judgment ?

[MENTION=87380]Diana M[/MENTION];

[Kati]

Re: HOUSING Disrepair Claim. (Landlord and Tenant Act exclusions)

tagging [MENTION=15129]Crazy council[/MENTION] too xx

[Crazy council]

Re: HOUSING Disrepair Claim. (Landlord and Tenant Act exclusions)

Hi

How long ago did you first move in. Need the court claim details and result, somethikng odd ish.

Housing acts 88 and 96 plus updates ( i think ), cover a lot of the tenancy condition/regs. Generaly, a landlord has to maintain the proiperty in same or similar condition to the day you acsepted the tenancy. A Landlord also has other duties, like mainting security for the property ( doorsand windows ), ensuring services,

But, that dosent meen that a LL has to do repairs fast, and there can be many resonable reasons a LL is unable to do them. Initialy, you have to inform the LL, usualy give them 8 weeks ( ity take time to boook in plubers/builders/sparkys )

After that, the proper route would be withhold rent enough to do the repairs, and do them anbd bill the LL. ( I WOULD NEVER RECOMEND THIS ). If the property is unfit for habbitation, then you could claim it was only worth the perpercornm rent.

Its complex arguments though, with all the responcability on the TT, not the LL

[BYSTANDER IN PERSON]

Re: HOUSING Disrepair Claim. (Landlord and Tenant Act exclusions)

For Ref: https://www.legislation.gov.uk/ukpga/1985/70/section/11

Was the landlord given notice and the opportunity to put things right?How long have you rented the property?

What was your claim based on? and what was the actual final judgment ?

@Diana M;

The landlord lived next door, this landlord totally ignored any notices given, we only told him verbally what was wanted to do never in writing, all repairs requests he would claim he would attend to but we knew it was a worthless promise. We were there 18 years with no rent arrears, not one missed rent payment. He said we were the best tenants he had ever had, but he gave his son a large sum of money almost a £1-million pound and also the house we were renting, the son and the sons wife within one month wanted us out, overnight we become the worst tenants they ever had accodrding to the Court papers. As for the roof repairs - the landlord sent us a letter saying the roof was to be repaired by contractors using scaffolding. But he
had his roof repaired by these men but quibbled over paying their bill in full- so they rightly refused to work on our roof for him. We thought this letter was sufficient proof the roof had long-standing problems, but the Court took no notice of it, (the Judge was speed-reading the documents and we think had failed to spot this all important letter) the Judge said we had not given the landlord proof of notice, the other problems and claims including damage to health were ignored, Sec 11 of the Landlords and Tenants Act is an escape bill for these people. We argued in Court that in 18 years he had spent £200 on this property, to our surpise the landlord sent to the Court just two bills one for Gutter cleaning £50, and one for "To mending roof and gutters £150," we knew of no roof tiling work performed, we were evicted, after we left he had the gutters done, the roof retiled, and 101 other jobs including new c.h bolier, new fencing and new doors and furniture and fittings attended to, but the Judge was not interested in what he had done after we left. Sec 11 is for structural problems only, and we were in a way ambushed by the Law. Whether it will aid us or not, lets say the Landlord was not English, and is from a family of Slumdog Landlords, the Courts do not recognise this as a fact, and they walk into Court prepared to lie, cheat and deny, and no one challeges them. The Judge never said "Lets get this right, in 18 years you only spent 25 pence per week on this proeprty?"