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Disrepair, fraud, health and safety?

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  • Disrepair, fraud, health and safety?

    Good evening,

    This is my first time posting so please be gentle.

    I have an issue in which I really do not know what direction to go in.

    Here is a description of my wife & I predicament:

    We are tenants in what we thought was a 4 bedroom house. The advertisement on multiple platforms clearly stated 4 bedrooms, and the description also stated you could fit a double bed in bedroom 4. We have been here 10 months, and without detailing the bitter cold we endured in here over winter, we have only discovered this problem in the last 6 weeks.
    My wife, my daughter and myself have all slipped down the staircase leading to bedroom 4 in the loft. We weren't injured, only bruised pride. However, we had friends round one evening and one of the guests is a chartered surveyor. He took a look at the stairs and said we had better contact the local council. The following week I did. I was surprised to discover that there had never been any applications made in the last 30 years. Building control sent a report to the landlord, and also clarified the room is not fit for advertised purpose (district surveyor: "its just a storage space"). It has failed to conform to building regulations part b - fire safety.
    I am absolutely furious about this. My daughter sleeps in that room, but not anymore.
    To do research after speaking to neighbours, I contacted the former tenant and was told "he explicitly told us not to use it as a bedroom after we moved in" .
    The landlord also advertises this dwelling as part of his "property investment portfolio", again, not fca or fscs registered, and is stated on a publicly viewable site, as 4 bedroom.
    The council are now involved and will pursue their own line of enquiry and suitable punishment, but where do i stand.
    Despite being an E rated home, i have conducted an elmhurst review, and it does not look like what we were given. First of all the area is incorrect. I am an engineer and know how to dimension. I also have uvalues for all building elements as available through work. I have also discovered the EPC tester is already on his payroll as a plumber and is seen on the landlords social media really enjoying social events together. Intriguing to me.
    We suffered for 3 months in the most bitterly cold house and now discover this.
    I feel this is more than just tenant landlord dispute when there has been clear evidence of misrepresentation of material facts and health and safety negligence.

    Please help me choose a correct path to follow as we would never have moved in here if we knew all this would've happened. My daughters safety has been compromised having to stay in there, and I would never had endangered her in that way.

    Many thanks for reading.
    Tags: None

  • #2
    Horrible for you I am sorry you have had this problem
    Some questions please
    Are you in the fixed term of the tenancy or has it gone periodic? If fixed how long left?
    You say the council are involved which is good
    What do you want to happen next?

    Comment


    • #3
      Well, here is additional information, during the negotiations stage, we agreed fixed rent price for 3 years as that is how long we expected to stay. However, looking back on the transcripts, there was a lot, of what could be deemed, coercion.
      We signed an NRLA based assured tenancy agreement, which the landlord has said would roll over periodically every 6 months.
      I would like the council to come down hard on him. He is very dislikeable and has questioned my professional integrity with other issues in this house. Building control have already placed a notice on the house at land registry so he cannot defraud people with his lies.
      Personally, I would like to recover the rent we have paid (over 25k) as he has compromised our safety and misled us.
      I would also like to see him punished for his negligence and clear flouting of h&s obligations. This is what I am most angry about.

      Comment


      • #4
        Thank you. The council may prosecute but that will be their decision. Periodic tenancies roll over month to month so presumably you signed for 6 months so are now outside of the fixed term and can give a months notice. I don't really understand how building control have put a charge on the house perhaps others do? I very much doubt you will get back the rent paid - others may have a more optimistic view. Did the LL put your deposit in a scheme? If not you may be able to claim 3 x the value. I would certainly be looking for somewhere else to live away from this person.

        Comment


        • #5
          It's a 6 month roller. We are in month 10 currently.
          Building control expect retro planning submissions and execution of works which will require building reg approval. If he sells, he cannot advertise as 4 bed as it isnt officially a 4 bed. Anyone buying will see this, well surveyors and conveyancing will.
          I would also be inclined to say that the landlord has a mortgage for this place as 3 bed, otherwise that is mortgage fraud.
          the deposit is in a government scheme. So it is protected.....albeit I know this person will deduct anything possible.
          We have found somewhere to move to and we are desperate to get out now.

          Comment


          • #6
            But the question is, if I were to pursue legal routes, what type of solicitor do I look for? There are health and safety violations, aswell as misleading (fraud) ?

            Comment


            • #7
              Forget the fraud. The deposit should be easy - LL has to prove everything. Do you have a full inventory from move in? If not he will find it extremely difficult to claim anything from you and you should get the full deposit back if you return the house in the same condition. Go and see a solicitor for a free interview and ask them if you have a chance of compensation (I am sorry I doubt it). Perhaps personal injury no win no free in your local town may be able to give you some ideas?

              Comment


              • #8
                What about the health and safety obligations which he failed to meet?

                Comment


                • #9
                  https://www.gov.uk/government/public...-rented-sector

                  He may well be prosecuted but that is up to the council

                  Comment


                  • #10
                    islandgirl the council aren't the ones being subjected to the hazards. My family is. Whilst I intend to support the council with anything they require and I hope they annihilate the b*stard, where is my opportunity to punish him for what he has subjected us to?
                    It's incredibly frustrating that tenants are supported to a certain point, but then, when it comes to issues like this, we seem to have no individual representation to take things further.
                    As an example, if I were on one of my construction sites and there was an injury related to poor health & safety conditions, a company can be taken to court by HSE and an individual. It seems that as soon you mention Tenant to a solicitor, they say "dispute" "County court" and completely dismiss things like H&S and misrepresentation

                    Comment

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