Question
Rent, Landlords and debts?
Im 19 and living at home with my mum, she's on incapacity benefit as she has emphysema and cannot work due to its affects. We have not paid rent for 2months as we were assured that we would have another property by the end of May 09. That properties current tenants are refusing to leave and have been served with notice to evict, that should see them gone by the end of July 09. My mum isn't so bright and before I had a chance to say anything she spent the rent money on food, and bills. We live on a very tight income and I cant afford to pay the backdated rent. The landlord has been stopping by every few days and threatens to let himself in. I have a nervous condition called Anthropophobia and im petrified. I've had a deep fear of men most of my life but this guy is terrifying me. We have broken the contract as we have 2 dogs and 3cats.. all of which were inherited from people who could not care for them properly. we spent months trying to re-home them but no-one stepped up. And placing them in the blue cross costs more spare cash then we can afford. The landlord has breached the contract by not repairing certain aspects of the building over time. (we have been here for 5years and 1month). the following repairs have yet to be made. Stone cladding falling off the front of the house deemed dangerous needs removing. Damp and mould, caused carpets and wallpaper to rot had to be removed, landlord wont replace. Lead piping coming from the bathroom needs replacing. doors dont close properly windows are not in regulation with fire safety. No smoke detectors (we have since installed both smoke and carbon monoxide detectors). Failure to have gas appliances checked yearly. Unsafe electrical outlets with wires exposed in dining room broken glass on front door from a child's football. Ceiling in 2nd bedroom has begun to fall down from damp and rot. sewage smell coming from kitchen sink (has been like that since we moved in). boiler broke and we went 6months without hot water until the landlord sorted the problem. Im hoping that he keeps away from the property until we move because my mum is frail and I don't know how much more stress she can take. When he invites himself over he bangs on the door and yells. threatening to let himself in. Can anyone advise what his steps are, and what he is legally allowed to do and not allowed to do? we only need to be here for another month. Please answer reasonably, and im sorry for the long post, im really worrying about this. He agreed to remove the cladding on the exterior of the house 6months after we moved in but never showed up. 6months later he moved our rent from £440 to £500 (leaving us with no spare income to do any repairs). All damage to the house is from leaks in the roof and in the bathroom. the windows dont comply with fire safety as they do not open out wide enough to provide means of a fire escape as they are required to. The electrical outlet in the dining room was hidden well when my mother viewed the house and was never mentioned to her prior to signing despite her asking. We have no way to pay the rent and the landlord is not a pleasant or reasonable man. Even if my step-father and my fiance chipped in with what we have in the bank we cannot even afford one months rent. Im really struggling on what to do. (just remembered to add that the landlord moved house and didnt forward his address so we had no means of contacting him until the rent wasnt paid for 1month). Im just reeling off things from a list of problems that a friend of the family found (hes a registered building surveyor).
5 months ago - 5 answers
Best Answer
Chosen by Asker
A landlord has to give you "Peaceful and Quiet Occupancy". If he comes into the property without your authority (no matter what the circumstance), then call the police. He is breaking the law. This is covered in the Landlord and Tenant Act 1977. The repairs you have mentioned are covered under the Housing Act 1985. Any Evictions or further action is covered under the Housing Act 1988 as amended by the Housing Act 1996. He has to obtain a court order before any eviction procedure can be set against you, and this has to be enforced by the court - not him. It sounds like you have a couple of issues here - so if you want further advise, email me on john@grantresidential.co.uk
Source(s)
I am a residential lettings specialist and ARLA member
by Johnny G
5 months ago
Asker's Rating: 
Other Answers
How does he get away with it...ffs i mentioned this years ago!
by Yes No- 5 months ago
Are you not entitled to housing benefit I would find out fast If i was. Also go to your local citizens advice bureau for advice. Goodluck
by annie5- 5 months ago
do you have some sort of Housing Authority in the UK ?? this would be your place for proper answers, because both the landlord and you folks are in breach of the lease. look on the web and hopefully find them
by Spikey- 5 months ago
You are clearly in the UK, judging by words used, and benefits mentioned. This is really simple. Forget about minor "breaches" like having a pet, or the repairs. Concentrate on the rent. You owe what you owe. Rent arrears is the one major breach of tenancy which can result in instant termination. The landlord, even a social landlord, council, or housing association, has no duty to house you. As for repairs, the landlord is bound to comply with some of the things you mention, but not all of them. He is bound to keep the structure of the building in good repair. He is not responsible, however, for any damages caused by a tenant or their guests. He only has to repair any cladding which he supplied, or which was on the house when you took the tenancy. He is only obliged to maintain heating systems he supplied. But he is not required to supply any heating system at all if none already existed. He is not obliged to supply smoke alarms if there are none, and not obliged to maintain any which he did not supply. Internal doors not closing may or may not be his responsibility. The question is how they ended up in that condition. He must keep electrical outlets, terminals and appliances he supplied in good order. The gas appliances must be checked annually. The glass damaged by a football is not his responsibility, but down to the tenant, or the person who did the damage. He may not come in uninvited, and may not threaten his tenant. I am not sure how windows can not meet regulations. All he has to supply is a functioning window. It does not have to be uPVC or double glazed. It can be a single pane, wooden frame etc. I would simply walk away from this tenancy ASAP, the landlord sounds like a nightmare, but not quite all the things on this list are down to him. There is a rent officer available to assess private rents in the UK. Find them at the town hall. There is also a rent tribunal. Your property will be independently viewed and an assessment of a fair rent made, and instructions for repairs given to the landlord. The problem is there are too many landlords. They thought they could get a mortgage and get rich quick. They forgot to factor in long spells with no tenant, but the mortgage still needs paying, insurance, repairs etc. He just wants to take your money and go on holiday when the fancy takes him, rather than face his responsibilities. EDIT windows are not necessarily required to be a viable means of escape. Lots of windows only open a small amount along the top, not enough of an aperture to climb through. Perfectly legal. A dwelling is not required to have more than one point of ingress and egress - what about a flat on the 24th floor? And he is only required to supply smoke alarms if the property is divided into separate dwellings, with an area of the property being common to 2 or more dwellings (eg a house split in to 2 flats, with a shared hallway.)
by Old Cynic- 5 months ago