How To Sue Your Landlord

It occurred to me that I haven’t really given much support to tenants, but I’ve written a lot of articles for landlords. I guess that’s because I’m a landlord and have never experienced life as a tenant. However, I’m about to broaden my horizons. Here’s how to sue your mean little landlord…

Most ‘tenant Vs landlord’ issues are resolved through small claims courts. Claimants (tenants) can use the procedure to recover unpaid bills, rents or refunds of rental deposits for property for a sum under £5000.

What the court expects

The court expects the parties to have explored all other avenues of settlement.

You must try and settle a claim before taking court action and only use the court if you cannot get the problem solved by negotiation. The court will expect you to make your claim in writing, giving the other person a reasonable time to reply- a month is ample. You should also warn them that you will take court action if they fail to reply within the given time.

As a claimant, you must be able to prove that court action was taken as a last resort and that you’ve given the defendant every opportunity to resolve the dispute. Make sure you document all your contact with the Landlord.

Having failed the rational route, as so:

Debt Collector
(for those that aren’t “street” or “with it”, that translate into, “hey babydoll, it’s in your best interest for my boss not to have any problems with you. So please, handover the money you owe him or….I will kill you”)

You do the following…

Locate your nearest small claims court

Locate your nearest small claims court and get a claims form. You can download it from the HM Courts website or for your super convenience, make a claim online.

HM Courts Service

Fees

Fees are reasonable, but vary depending on the amount you are claiming. Costs usually vary between £30-£120. You can claim the fees back from the defendant if you win your case. However, if you lose, you may have additional expenses to pay to the defendant, to cover his or her costs.

Compact Law

Preparing the Case

It is important to prepare the case carefully- you need to convince the court you are in the right- the best way to do that is by making your case as strong as possible. Ensure you research how to prepare for it and all documents, evidence and witnesses required are available. Ensure that the defendant has been sent copies of all the evidence, which you want to use in your claim. If you fail to do so, you may be stopped from using this evidence in the hearing.

  • notes about the case should be set out in date order. It is very useful to note down what your case is, for example, the points to make, the documents which are relevant, and what they prove. A list of all documents, and other evidence is useful to make sure nothing is forgotten
  • evidence of expenses should be prepared and any receipts you may need to support your case
  • all letters (and any other relevant documents including photographs) about the case should be ready for the hearing
  • in most cases the claimant and the defendant may be the only witnesses. If the court has agreed that other witnesses can attend, they must attend. If a witness has difficulty getting time off work, it may be helpful to serve a witness summons. The court can explain how to do this.
What happens if they lose but still won’t pay?

As the claimant, if you win the case and the defendant doesn’t pay, you will have to go back to the same court to apply for an order to get the money. This is called enforcing the judgment.

However, before enforcing a judgement you should request that the property is sold or goods seized from the Landlord’s home or business to pay you the money you are owed or instruct their employer to pay you from their salary.
If you need a judgement to be enforced you should consult an experienced adviser for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email.

Key Points
  • You do not need a solicitor as it is set up on a simple basis for claimants to represent themselves.
  • Judges are very patient, knowing that the parties are nervous and new to the process. A friend (lay person) can help you.
  • If you feel the case is complicated, you should speak to your local Citizens advice bureau for advice
  • The judge makes an immediate decision and the parties can get a full and final result on the day of the hearing if it is not settled prior to court.
  • If you win your case, the Judge will order the defendant to pay either immediately, by instalments or in full by a certain date
  • If you lose your case, the defendant may be able to claim limited expenses from you

Have you had experience with taking a tenant or landlord to a small claims court? I’d love to hear your story. Thankfully I haven’t had to go down that route, but it could be only a matter of time…

It would be kind of ironic if one of my tenant’s came onto my site, took my advice and tried to sue me :)

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149 Comments- join the conversation...

Showing 99 - 149 comments (out of 149)
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Jeremy 31st July, 2012 @ 23:16

Hello Kayliegh

I suggest you sue your school for leaving you only semi literate

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Liam 2nd September, 2012 @ 22:36

Hi,

In November 2011 I reported to my landlord at the time that the boiler wasn't working properly and wasn't supplying hot water almost every time I turned the tap on. It took 6 weeks for her to send a plumber out who came 3 times and was meant to come back a final time to fix a broken part. The landlord never paid the plumber so he wouldn't come back and I found that out months later.

She would ignore my emails and fob me off saying she would get it fixed then not hear nothing from her. She then said in March she would come over to the UK in May as she lives in Australia but wanted us to move out for two weeks with no offer of alternative accommodation. I felt this was unworkable and told her it was unnecessary for her to come over to fix it she just needed to get a plumber out.

She still didn't and told me not to pay for the repairs myself and take it from the rent as it might mean I forfeit my deposit.

In May she then gave us notice of eviction as she obviously was not going to pay for the repairs and I had another email from the estate agents at the time telling me she had agreed to pay the plumber and it would get fixed for the final two months of my contract but it still was not fixed.

At the end after 7 months of trying to get it done and failing for fear of losing my deposit I left with the boiler still not supplying hot water almost all the time.

When I threatened to go to the local council housing department it was around that time she served notice of eviction.

I have all the emails as evidence from her and the estate agents for the info above.

I was paying for a fully furnished flat and as I didn't have use to all facilities I want compensation for that. I believe she broke the Landlord and Tenant Act.

Do you think I have a case?? I was thinking of trying to negotiate first a percentage of the monthly rent for each month the boiler was not working.

Thanks

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Tee 3rd September, 2012 @ 09:46

Hello,
i am just about to move into a new place, my apartment is on the 4th floor and the lift is out of order. According to the old tenants the lift has been out of order for a long time. i do have leg pains now, and will find it extremely uncomfortable to be climbing the stairs. i called the landlord and they said the lift will be repaired in months. what can i do to hasten their decision.

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Jeremy 4th September, 2012 @ 00:04

Hello Tee,

Nothing. Don't move in. Go and live somehwere else. As the landlord has been willing to inconcenience all the other tenants for months on end with no lift, then you moving in won't make any difference.

Don't be a mug. Vote with your feet.

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Armin 4th September, 2012 @ 00:42

I second what Jeremy said. Don't move in if you require an elevator.

However, if you're able-bodied, the leg pains in your legs is muscle soreness which will go away with climbing stairs over time and you becoming fitter.

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Jeremy 6th September, 2012 @ 22:11

Hello Liam,

I'm sorry to read your story, you've been treated terribly. I've never had a boiler problem that's required more than two visits, usually a few days apart (to allow parts to be sourced) at the longest. Anything longer than a few days is down to the landlord.

Read this blog: http://www.propertyinvestmentproject.co.uk/blog/landlords-responsibility-to-repair-and-maintain/

Assuming you've got good enough evidence, you have a case under Section 10 of Landlord and Tenant Act 1985. Should you persue the matter you can be due damages that will be calculated as a return of some / all rent and an additional amount to compensate you for your inconvenience.

Please let us know what you decide and how it goes.

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SusanT 15th October, 2012 @ 16:15

Hi
I am having a nightmare in a house I rented just over a year ago. A month after I moved in I realised the house had major damp problems as my clothes and shoes developed horrendous green mould and the walls were often glistening with wet. Some rooms have black fungus growing. The electrics have been cutting our on and off constantly and the shower worked intermittently. The toilet blocked continuously and finally would'nt work at all. The dishwasher developed a fault and then cooker element went after the electrics tripped for the umpteenth time. There's so much more but I won't bore you with the details! The thing is I have had a constant stream of friends of the landlord, people picked up on the internet etc in to try and solve some of the problems, most have laughed at the extent of such botched jobs. The problems still persist, ie shower supposedly fixed, went again on 2nd use because of faulty electrics. Landlord bought fans etc from ebay - current people come to do repairs and laugh at the cheapness and ineffectiveness of them and say they can't be fitted as no use. I have bought hygrometers to monitor humidity and it is up at over 80% most of the time but never below 74%. I had the third company in today to check the damp and give their views - hired by the landlord but only for an opinion as they didnt believe the first two companies. The have their heads buried in the sand about this but haven't said they won't fix thigns, just don't seem to get around to making a decision. They have no landlord certificate due to major electrical faults that haven't been fixed yet although they are getting someone out to do so shortly.
Latest reply today from 3rd opinion company is that the place needs major damp work. We also just discovered between us outside more faecal back up as drains have blocked again. Thins is I have had enough. I am looking for a new place and although can't afford to move will. Question is do you think I have a case to sue for all the hardship throughout this whole year and for moving costs? I paid over £1000 to move here and they knew all the problems were here as there is much evidence of botched jobs having been covered up, badly plastered over etc. I have taken lots of photos and have all my clothes pics that were destroyed with mould. I am at my wits end, live out of suitcases as I have removed all my belongings from cupboards etc as the mould seems to touch everything and grows. I am also sleeping on the settee as the bedroom is so bad and I am now on inhaler as my breathing is affected. I would appreciate your advice. Thank you.

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UnHappy Tenant 5th February, 2013 @ 11:25

Hi,
Me and my partner moved into our first home in June 2011. We've had damp since the cold weather started in 2011 and we've also had no kind of heating since June 2012, due to the gas fires being condemned. Of course, I have made numerous complaints about this and nothing has been done and we're still paying the full amount of rent.

Luckily, we have found somewhere new and are just waiting for our months notice period to be over! We now want to take legal action against the landlord, possibly claim the last 9 payments of rent back! However, I have only ever made phone calls to complain about the issue and have never put it in writing, will this be a problem?

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fed up 11th February, 2013 @ 12:14

hi i am trying to fight my landlord for ilegal eviction and he is refuseing to reply to my solicitors and i have been informed they are about to close my case coz he will not reply to there letters the problem i have is he still has my personal property in the house and is renting it out as furnished wot r my rights to sueing him

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Alison Williams 5th March, 2013 @ 07:03

Jeremy,

You may think you're a good landlord but that's also what my landlord thinks about himself and he is far from it. How do you know that your tenants don't secretly think the same about you? Just making an observation!

There has been no end of things that have gone wrong with the house I am living in and now he is evicting me in retaliation for complaining about repairs that he won't carry out or has delayed doing in the past.

Landlords may think they are doing a good job but many tenants are too scared to say anything by all accounts for fear of ending up in the same position as me. There seems to be an unspoken 'pay up, put up and shut up' attitude about them. And because tenants don't say anything, landlords probably assume that the house is fine and the tenants are happy there. Either that or they simply don't care whether the tenants like it there or not as long as the bank balance increases.

Shelter say that many homes are sub-standard and I also read that landlords are abusing the Section 21 notice by throwing tenants out if they complain about repairs, rather than using it to eject real problem tenants.

Your comment about victim mentality beggared belief - it came across as a form of brainwashing or bullying, potentially making people believe that they have issues and because of this, their complaint is not justified somehow. (I don't know how else to put that.) It comes across as a tactic to further preventing them from speaking up. They have every right to complain about the window. Wouldn't you want to if you were in that position?

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The Landlord Avatar
The Landlord 5th March, 2013 @ 10:58

@Alison,

Is your landlord actually "evicting" you or just seeking possession of his property? There's a massive difference. A landlord cannot legally "evict" you for complaining about repairs.

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Kinga 5th March, 2013 @ 22:41

Hi there

Boiler in the flat I am renting broke and stopped heating water. We have reported the problem straight away, but it took three weeks for the engineer to come and try to fix it. Turned out that boilers was very old and part that broke too rusty to replace so they had to install new boiler. They chose combination boiler. I had it for 2 months now and my gas & electricity bill double over this period. I have not used any more gas or electricity than I did over last 1,5 year. Do I have a right to claim that from my landlord. Please advise. Thank you!

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Jeremy 10th March, 2013 @ 16:25

Hello Kinga,

I'm sorry to say this, but I don't beleive you. Well I do beleive your utility bils have increased. I don't beleive it's the fault of the boiler.

Modern Combination boilers run far, far more efficiently than old models, so the amont of gas used should go down.

Also, they draw a miniscule amount of electricity, so thre's no way that could double.

Have you checked the number of units of gas you've used. My utility bills have increased enormously due to the price rises put through by British Gas.

That is something you can't sue your landlord for.

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Jeremy 10th March, 2013 @ 16:51

Hello Alison Williams,

A very existential question. The answer is that I can't KNOW something I can't observe. I have no idea what is said about me when I'm out of ear-shot.

All I can rely upon are the same skills everyone relies upon in dealing with other people: Observing body language, voice tone and how written communication reads. I think adjectives my tenants would use include: Fair; prompt; quality; friendly.

Yes, some landlords use section 21 notices to move out an "akward" tenant who expects things to be in good order. I've never issued a Section 21. They are fools to themselves. They replace a good tenant with a tenant who's willing to live in somewhre which is sub-standard. What chance of someone who's willing to put up with that will take good care of where they live?

I can't find the comment you've just read about victim mentality. But I'll make a general observation: I've tried to help people in many threads who present a sorry tale of being looked after poorly, with broken promises and things never happening. Then they say something like "I've just signed up for another year, what can I do". Those kind of people have a victim mentality.

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Kinga 10th March, 2013 @ 17:10

Hi Jeremy

It's really sad that you don't believe me. I don't see the point of me imagining it and wasting my time to come and post it here. My bills have doubles whether you believe it or not. And I did not ask whether I can sue him or not but whether I can claim it from him. I have checked my units used and they raised. Gas prices may go up but never that much. What's more last winter (2011/2012) I had two radiators on 24/7 and now I only have them on for 5 hours at night. And my bills are that much higher. I used to pay £45-55 and now they are £113, £110.
You don't have to bother answering since as you said yiu don't believe me.

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wendy Uher 21st March, 2013 @ 06:30

landlord recently remodeled my rental house while I was away he removed most of my stuff put it in storage he brought back a lot of my stuff but yet he has quite a large amount of my personal belongings when I ask for it back he fives me the run around example being we need to wait until my wife is out of town(she isn't keen on how friendly her husband tends to be towards me) and I dont have access to it ever no keys or anything.

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wendy Uher 21st March, 2013 @ 06:42

another question I agreed with my landlord to maintain grass n shoveling in winter. well in front of my house is row of large bushes he says every year hed trim them well its been years and the bushes are now overgrown, blocks part of entryway to house its an eye sore. I also have 2 huge pine trees in back yard that need trimmingI am unable to mow close to trees due to fact branches are so longer and reach to ground. New instaaled ceiling fans(3) total when they are on they vibrate and shake. I don't even know where my furnance is nor when last time filter was changed. What do I do? Is he responsible for payment if I hire someone to do the work he hasn't/wont/has neglected?

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graham 3rd May, 2013 @ 18:42

Hi
My landlord wanted more rent for the property and he wanted to evict me but he could not becouse he did not proted my deposit after i found place i moved out from his house i have pay his rent on time i m trying to sue him now for not protect my deposit any help how to fill the form and how to aply for the court

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graham 3rd May, 2013 @ 18:42

Hi
My landlord wanted more rent for the property and he wanted to evict me but he could not becouse he did not proted my deposit after i found place i moved out from his house i have pay his rent on time i m trying to sue him now for not protect my deposit any help how to fill the form and how to aply for the court
many thanks

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Stephen 19th July, 2013 @ 13:44

Hi
Strange one this ,My son and his fiance have moved out of a rented property after 15 months ,they have had the normal problems ongoing but seemingly with the landlord sorted a few probklems out ,main one was 8 months in with damp appearing on the walls the landlord was informed ,my son was told that the landlord had been advised that the house needed the central heating on all the time to avoid this happening ,this was not agreeable to my son as he could not afford this ,however he did try to leave it on as much as he could afford ,he has now moved out and the landlord is wanting the damp problems sorting out ,there was also a non working fridge in the house when he moved in ,my son was advised to get rid of this ,however as it was heavy and not his responsibility he put it down in the cellar ,the landlord is now making a claim on wanting my son to replace the fridge
The landlord was given a bond at the start ,however the last months rent was not collected ,(the landlord was cash only )and so now the landlord has listed these problems and is also asking for the last months rent,the way i see it is that he has made the mistake of returning the bond due to not asking for last months rent
Thing is I agree that the bond should have been held back and any issues taken out of that ,
What would you say ,I am aware that you do not know the full case but on the whole it appears the landlord is wanting issues paid for by my son that really were out of his control

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becky 12th September, 2013 @ 17:59

Hello I'm Becky and im not sure if im right in assuming most of you guys are landlords so I'm sure someone has a answer to my situation as ive been scrolling the net for hours trying to find an decent option to my situation. Ok ill get on with it. I'm renting a room through a private lettings agency and over the period of 4 months damp has done over a £1000s worth of damage to my belongings. After months of emails and taking time off work which is a pain as i run a kitchen, they finally sent a cowboy electrician to a fit a dehumidifier as the room condensates even though im not there half the time. The dehumidifier stopped working after 2 days and im still paying regardless of the fact I have hardly no clothes or shoes and have had to buy a cheap mattress to replace the £300 one that was brought as a gift. I've emailed pictures contacted the local mp for help and advice and i am hearing nothing back from either. The lettings agency said they will pass the information on. This was 3 months ago when i started complaining. Im on ground floor and the area i live in is crime riddled as there are probation hostels for not just petty criminals also pedophiles and rapists, being a 5"0 white female leaving my window open when i sleep is a huge concern. I have had to take out loans to buy new things like chef whites and shoes which do not come cheap and i begrudge paying any rent when they haven't repaired any structural damage, the money they owe me and the fact i had to clear the ant festation that occurred over the summer due to the other residents not being English and knowing how to recycle and put there there rubbish in the black bins provided. Can i stop and explain all this in court before my tenancy runs out. I can't really afford to pay whilst rreplacing things that were mouldy from the damp riddled room. Please help!

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aramis 22nd October, 2013 @ 22:41

Hello I have been having an ongoing problem with my landlord I have had mice since I moved in I have been living there for 3 years and in my second year I called the building inspection and had them fined for the mice and other issues and just 2 months ago I spoke to landlord about the issues and nothing was done and now my landlord had sued me for rent I paid in Sept. When I told a law student my issues he told me to ask for a continuance and the next court date we will file for an answer but 2 days before the court date the landlord droped the case. So now I can't present my case. I was told to go to housing condition court or small claims court I was wondering what legal action should I take or can I take both. I am seeking back rent and I am currently withholding my rent this month is that a smart decision??? And what should I be asking for in compensation for living with mice poop all over my kitchen for the 3 years and also I do have pictures

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Muse2k8 8th November, 2013 @ 23:09

Hi,

We had someone come visit from our landlords lender. Although we refused to answer any questions (he didn't ask to come in though to be fair) it transpires the landlord hasn't been paying the mortgage and the property is due to be ceased.

We contacted our letting agency who have been trying to contact the landlord but with no luck.

We are happy to pay the agents their share of the rent (they have done no wrong) however very reluctant to pay the full amount knowing the landlord is just pocketing our money! If we were to pay only the agency fee and withhold the rest of the rent in a separate account until a resolution was reached is this allowed? If we were evicted we would struggle with a deposit on such short notice and the withheld rent would meet this. The agency have verbally confirmed we would receive our full deposit of £1200 back too, however this was only verbally.

We would also want to take the landlord to court for what is effectively breach of contract, theft and fraud to recover payments made in good faith and expenses of moving.

But... We don't want to damage ourselves and our standing by doing something unlawful.

Would we be within our rights to do this? Any advice?

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Sarah 5th December, 2013 @ 23:48

Hi, landlady sold property whilst we were there, though luckily we had found somewhere and given our one months notice. No inventory was done for the property and landlady is trying to take our deposit for work that is not down to us... The garden things are down to her to be moved, she owns them, quoted Tidy garden £155)... Garage door fixed (£245) though I accept this and have had a quote for £120. Keys were left with the agent that sold the property as she wouldn't meet us though is saying she spent £55 on new locks cause didn't get all sets of keys. The list is endless and I am miffed as to why she is lying and being un reasonable!? Where do we stand as I can see this going further, th previous tenants she had taken to court but lost!

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Sarah 5th December, 2013 @ 23:50

Deposit is with the dps, thank goodness!

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jolie 8th January, 2014 @ 02:10

HI,

I have recently moved into a property, I have been renting it for three months not and it has been flooded by the upstairs neighbours. The water was leaking for three days! the whole property is ruined. It has been leaking through the Main fuse box, lights, electric sockets, all trough the ceiling and all the carpets are wet and everything has been ruined. It happened in new years eve! I was forced to leave the property switch he fuse box n vacate the property and moved to a hotel as it is so dangerous. the ceiling cracked through. I emailed my agency over 10 emails and they did no respond I even called in and the lady was just so calm and told me she will call me back and never did! I am so stressed out the agency is not helping me and asked me to live in the streets until they fix the apartment which will take over 4weeks! I have paid them 6 months upfront with a 850 deposit! I really do not know where else to go as I am bk in the property and it is very dangerous to live in! please advice me I am so desperate for help. I had to pay 700! from my own pocket to the hotel stay n new years eve! I am an orphan and I have no where to go and the agency refuses to give me the landlord details or help me in anyway!

Please help me I am living in the dark no electric no heating no hot water and waters all over the carpets and the smell is just unbearable. I ran out of money and nowhere to go

PLEASE HELP ME!!!

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jolie 8th January, 2014 @ 02:11

HI,

I have recently moved into a property, I have been renting it for three months not and it has been flooded by the upstairs neighbours. The water was leaking for three days! the whole property is ruined. It has been leaking through the Main fuse box, lights, electric sockets, all trough the ceiling and all the carpets are wet and everything has been ruined. It happened in new years eve! I was forced to leave the property switch he fuse box n vacate the property and moved to a hotel as it is so dangerous. the ceiling cracked through. I emailed my agency over 10 emails and they did no respond I even called in and the lady was just so calm and told me she will call me back and never did! I am so stressed out the agency is not helping me and asked me to live in the streets until they fix the apartment which will take over 4weeks! I have paid them 6 months upfront with a 850 deposit! I really do not know where else to go as I am bk in the property and it is very dangerous to live in! please advice me I am so desperate for help. I had to pay 700! from my own pocket to the hotel stay n new years eve! I am an orphan and I have no where to go and the agency refuses to give me the landlord details or help me on anyway!

Please help me I am living in the dark no electric no heating no hot water and water all over the carpets and the smell is just unbearable. I ran out of money and nowhere to go

PLEASE HELP ME!!!

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jolie 8th January, 2014 @ 02:12

HI,

I have recently moved into a property, I have been renting it for three months not and it has been flooded by the upstairs neighbours. The water was leaking for three days! the whole property is ruined. It has been leaking through the Main fuse box, lights, electric sockets, all trough the ceiling and all the carpets are wet and everything has been ruined. It happened in new years eve! I was forced to leave the property switch he fuse box n vacate the property and moved to a hotel as it is so dangerous. the ceiling cracked through. I emailed my agency over 10 emails and they did no respond I even called in and the lady was just so calm and told me she will call me back and never did! I am so stressed out the agency is not helping me and asked me to live in the streets until they fix the apartment which will take over 4weeks! I have paid them 6 months upfront with a 850 deposit! I really do not know where else to go as I am bk in the property and it is very dangerous to live in! please advice me I am so desperate for help. I had to pay 700! from my own pocket to the hotel stay n new years eve! I am an orphan and I have no where to go and the agency refuses to give me the landlord details or help me on anyway!

Please help me I am living in the dark no electric no heating no hot water and waters all over the carpets and the smell is just unbearable. I ran out of money and nowhere to go

PLEASE HELP ME!!!

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jolie 8th January, 2014 @ 02:13

HI,

I have recently moved into a property, I have been renting it for three months not and it has been flooded by the upstairs neighbours. The water was leaking for three days! the whole property is ruined. It has been leaking through the Main fuse box, lights, electric sockets, all trough the ceiling and all the carpets are wet and everything has been ruined. It happened in new years eve! I was forced to leave the property switch the fuse box and vacate the property and moved to a hotel as it is so dangerous. the ceiling cracked through. I emailed my agency over 10 emails and they did no respond I even called in and the lady was just so calm and told me she will call me back and never did! I am so stressed out the agency is not helping me and asked me to live on the streets until they fix the apartment which will take over 4 weeks! I have paid them 6 months upfront with a 850 deposit! I really do not know where else to go as I am bk in the property and it is very dangerous to live in! please advice me I am so desperate for help. I had to pay 700! from my own pocket to the hotel stay n new years eve! I am an orphan and I have no where to go and the agency refuses to give me the landlord details or help me on anyway!

ALL SHE KEEPS SAYING ITS YOUR FAULT YOU HAVE NO INSURANCE! I ONLY LIVED THERE FOR THREE MONTHS AND WAS STILL SETTLING IN AND IT WAS NOT MY FAULT! I just do not understand why is the agency treating me that way!

Please help me I am living in the dark no electric no heating no hot water and the carpets are all wet and the smell is just unbearable. I ran out of money and nowhere to go

PLEASE HELP ME!!!

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lisa 14th January, 2014 @ 16:23

Hi,

I've read a lot of the reviews on here and find some of them helpful. Im trying to summarise my situation. The points here are;
* we rent a property and the gas safety certificate expired 7 months ago. Our boiler has now been condemned leaving us with no heating or hot water. We believe the first certificate 18 months ago was obtained fraudulently as the flue in the loft has never been bolted down or secured. Plus the flue in the top is wonky.
* our cooker broke on 27th dec. We were without a cooker for 13 days. Our cooker has no safety certificate.
* we have been told the house is now on the market and we have to move all because I told him I was seeking legal advice. My daughter has just come out of hospital following a major operation for kidney failure to a house that's dangerous and cold.
* lots of other issues including live wires falling out the loft and the electric trips out when I use the cooker with another appliance in the kitchen.

I don't qualify for legal aid as I choose to work but I can't afford a solicitor at 175 an hour plus vat.
Absolutely distraught at this time. To move its going to cost me nearly 3000.00 for a new rental property. Can any one help us please I don't know What else to do.

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ANDY 6th February, 2014 @ 00:56

Hi, my problem is similar to these but my argument is this, Upon starting our tenancy there were 3 major issues with the property in which i and my partner were told would be sorted by the end of the month, a fuse box from 1979 with no circuit breakers just the old brown bricks with 2 pins, a garden full of rubbish and lots of damp that had started to work its way in on the backroom walls, my partner was hospitalize with meningitis 2 months ago and although it cannot be linked to 1 given thing, they did say exposure to mold could be a cause of it, also my work messed my wages up on 3 different occasions, my rent was late only by 4 days and my letting company were fully aware of the situation however 1 day after the due date, 4 men turned up on my door step calming i have to pay the rent or some damage will be done, i immediately called the police and they fled, after speaking with the letting company i found out that this was the landlord and his 3 sons, this happened twice and on the third time we had moved into alternative accommodation as he threaten my 2 year old son, all rent was paid, however i with held the last rent as on the 3rd visit he said and i have video footage due to the 2 previous visits, the video clearly shows him "saying get out i dont care about the rent just get out", 2 days later we left and lived in a bed and breakfast for nearly a month until we found another house to rent. The landlord claimed all of our £900 deposit for damages to the house, when there was none, all claims were false, he has now today, come to my new house and threatened my family again as he wants the full months rent even tho prior he bullied us to leave by his means 3 sons and him being intimidating and violent, we as a good will gesture paid half a months rent for when we occupied the house. I immediately rang the police however he fled the scene before they turned up 3 hours later and it was a 999 call !!!, i contacted the previous letting company and asked why they gave my details out, they calm he has every right to know my forwarding address and they are fully aware of why we left and the previous 2 occasions of being intimidated, can i sue him ? and the letting co for data protection ?

any help would be good?

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Momik 3rd March, 2014 @ 00:48

Hi. I am an international student. Last year i was in the foundation course which is for nine months and my visa was valid for 1 year. I rented a room in a shared house and signed a contract for 6 months. After six months i moved in to a new room on verbal agreement with the tenant already living there. The tenant had a 2 bed flat and he was paying for the whole flat by himself which he got through a letting agency. I stayed there for 3 months and went back to my country as i had to apply for a new visa (it took six months. I came back on january 2014). Since i was to return to continue my studies, i left most of my belongings in that flat.
2-3 months after i had left, i received an angry email from the flat's owner. She said that the place was a mess and that she was going to sue me for the damages. I told her that i left the house in perfect condition (which i did. I own properties and have to deal with irresponsible tenants) and that I'm not responsible for other people's mess. All my dues were paid aswell though there was no official agreement signed. I was a paying guest. The owner has kept all my stuff and refuses to return it, saying that she has thrown it away.
Is there anyway i can get my stuff back? And was it illegal to stay at a house without any official agreement? If its not then what should i do?

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Gillian Day 18th March, 2014 @ 20:55

Jolie, what your agent and landlord are doing is totally illegal as it is an extreme form of harassment which is a criminal offence.
On the civil side, they are in breach of contract on many counts. Also if you have an "assured short-hold tenancy agreement" then they are obliged to re-house you whilst repairs are carried out. If they have Landlords insurance which is common sense all these costs should be covered.

You must complain to your local council and they can be compelled to take the correct actions or face fines.
Water coming through the electrics is a fire hazard and for the agent to ignore this amounts to criminal negligence for which they can be sent to prison.

Please, please, please, visit your local council without further delay and ask their advice.

There are solicitors and there is the CAB. usually none of these people are actually on your side and are thoroughly useless.

You though can get help to take legal action yourself and this seems to be what you must do. I don't know at what stage you can involve the police but it seems necessary.

Please let me know how you get on.

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Gruff 24th March, 2014 @ 09:12

Hi,

I've been 6 months in a place where I have a 12 month contract. When I was shown around the house by the agency I was told that a number of things would be fixed (broken windows, leaking conservatory).

6 months in and none of the repairs have been made. They keep sending out a couple of maintenance guys who just look around the place, 'tinker' with things and then disappear without *actually* fixing anything.

In the First 6 months I have also had the pleasure of: A flooded carpet (still have no carpet in living room after over 1 month), a leaking boiler, fridge freezer was not working from day 1, damp/mould in rooms (no ventilation blocks), fuel company would not deliver because of health & safety breach on the fuel tank and a bunch of other fun stuff which has ensured I have not been able to relax or enjoy the property for a single minute.

Simple question - do I have any grounds whatsoever to try and get out of this contract early and go with another agency/landlord, or do I just have to sit this one out? I have asked agency for a reduction on the rent until the issues are resolved and they have stated that the landlord 'does not wish to do this'.

Thanks for any advice!

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Elanor 28th March, 2014 @ 17:12

Hi...Need some advice.

We have tenants in a property for 3yrs and 5mths, we have found out that during out tenancy there was no completion certificate on the house. The landlord only received the certificate this February after lots of visits and interim building works to which we were never party to other than having to stay in for access.

Also during our tenancy we never had a gas safety inspection done other than last month.

Do we have a chance of claiming anything from them due to both these issues being illegal.

Many thanks

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claire 7th April, 2014 @ 19:17

after renting of current landlord for 11 years he as decided to go with an agent and wanted a rent increase of £150 per month the agent as been today as informed us the bedroom ceiling is a health safety issues polystyrene ceiling tiles the bathroom is very dated and best of all the cooker hood is missing the carbon filter we assumed the pipe worked went through the chimney landlord now wants us to stay and current rent as long as we waver repairs we have said no can I sue him for putting us in danger

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georgina 18th April, 2014 @ 16:36

I am a tennant.
I have a grade 2 listed building and was told i cant get a satellite as my tv arial doesnt work and housing association said its fine. My living room is newly built so surely i can have a satellite put up.
We havent had our flat fixed within 2 years as they say ths structure is fine but its not as the building has moved and can see more cracks which is bad. Can i sue my landlords for the danger they have put me and my partner. We both have special needs.

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Matt 29th April, 2014 @ 11:07

Hi,
I've just moved out of a property that i rented with my partner, our landlord had always been relatively nice to us, with sorting anything pretty quickly. He's just rang my missus saying that he's going to be suing us for breech of tenancy as we had a dog. He and the agent where very much aware of this as we had let them know and only looked at properties that allowed pets. He even in the 2 years we rented when he came round to collect post etc seen the dog and commented. We also made it clear on the check in that we had one, to which his response was that it was fine as he has dogs. He's stating that we will have to pay for new carpets etc, even though we the carpets where far from new when we moved in.
No check in inventory was done so we (and neither does he) have any way to prove condition before, he saying he has photos and an inventory but we have never seen nore signed a copy.
Another problem we had was that we rented the property as it had a garage, which is stated on the contract under parking arrangements part, but we never where allowed access as he had it full to the brim with his stuff, promising constantly that he'd empty it soon.
What can we do about the dog/carpet problem and if necessary if he wants to persue the suing route can we put a counter claim for the lack of garage use even though it clearly states it on the contract.
Cheers

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Stu 5th May, 2014 @ 14:29

My live in Landlord made us agree to a 6 month contract on the 10 January, which would of suited us perfectly.

It came to the 10 April and he text me saying he wanted to cancel the contract early even though the rent has been paid on time all the time, at which time he gave me one months notice.

His reason for cancelling the contract is because he wants to decorate his flat to either sell or rent the whole flat out before he goes to Australia in October, yet he has already had people coming in and decorating the living room/kitchen and main entry.

I tried to ask him for an extension to the eviction for a couple weeks but he is standing firm. Is he breaking the law here, do I have a case to take legal action against him?

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kelly 25th May, 2014 @ 11:53

I don't no where to start.... Basically the housing are using me as a dogs body to get this crime family out.... They have place me and my baby in a tremendous amount of danger.... I'm being attacked with machetes, big iron bars, men tryin to kick my door down in the dead of the night, threats to kill, they hurl disgusting abuse at my baby telling her mummy is going to be raped of big black niggers (hate that word) then finished off with a bullet I'm my head and she will be made to watch.... When she was 15 month old she came in with heroine which she had found in my garden.... There's violence outside 50 men at a time fighting with knifes bats bricks guns whilst my baby is trying to play in the garden.... I keep reporting this to the police and housing to no avail.... This has been goin on for two yrs now and this is a weekly thing.... The police taking their door off every other day... Their just a disgusting drug dealing  family that never seem to get done for what they are doing and my housing think it is acceptable and it isn't as it has affected my health in a bad way and my babies and it is still going on.... I have lost over 5 stone in weight I can't eat sleep or go about my life.... I am depressed to the point where my life isnt worth living anymore even tho i have a beautiful child that needs me - My windows got bricked the other day I have panic alarms.... I'm living in hell.... Its alot worse thsn what is wrote here.... Everyone that has lived in my address have had to leave.... I have done everything i possibly can.... So I'm just wondering if I could potentially sue peak valley housing association....

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Benji 26th May, 2014 @ 12:18

@Kelly,

Are you aware of this?

http://www.pvha.co.uk/finding-a-home/swap-your-home/

As a tenant of Peak Valley Housing Association, you may have to opportunity to swap your home. This means you ‘assign’ your interest in a tenancy to another person. The tenancy agreement does not change.

As a tenant of Peak Valley, you may exchange with:

Other Peak Valley Association Tenants
Tenants of Local Authorities
Tenants of other Registered Social Landlords
Tenants of Charitable Housing Trusts
Please note:

You can only apply for a swap after you have been a tenant with us for at least 12 months.

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kelly 27th May, 2014 @ 10:31

I'm leaving my property to get a new one... I do not wish to.swap with anyone as no one should be housed in my property till this crime family are evicted.... I was asking if I could sue my housing for negligence .... As i have spent 16 thousand on my home new bathroom etc....

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mark moore 9th June, 2014 @ 14:03

Not sure if anyone can help but need advise on what to do about my ex landlord/friend..

7years ago i moved into a property that was already own by the landlord, she offered me a room to rent at an agreed price each month, this was a good working relationship but changed into a very close friendship, i became apart of the family and enjoyed the times i had there..

In march last year i was made homeless without warning and had all my money taken of me, now this happened due to me being in a debt and behind on my rent by 200, now has a friend this was never an issue before, but when i returned from work i was locked out and asked to leave, then told i could not get my stuff untill i had paid what i owed, i paid £856 to reclaim my items and that left me with £82 to start my life again.

Now ive been advised that i may have some case against her due to the amount of money that i paid into the house over the years, there was periods she did not work and there for fell upon me to pay more each month to keep the house going, now i did this because i cared for the person, and would of thought she would do the same in return, threw this process i got myself into debt trying to do the right thing,i was promised countless times that i would inherit some money from a sale from the house, and many other items there was no contract made but verbally they was and witnesses present to back me up, £83,000 is alot of money that over all i paid into, granted i paid for the room each month but the extras i gave, i have never had back, people keep saying "equitable interest" to me, not sure i have grounds to sue, but i feel that this woman shouldnt get awa with what she did...any ideas?

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Mark Green 23rd June, 2014 @ 14:34

I had no shower that worked, only one window that opened, heating on without my control in the mornings and evening, even in summmer, so I got cooked. Said I could have a kitchenette, then wouldn't let me. Non-stop problems with mould and insects in the property. Had clothes, suits, books etc...ruined by shower flooding. Landlord blamed everything on me being fat, made no effort to help me, or resolve isssues. Now finally it's over, I'm leaving, but I will be seeking legal retribution for the extra rent I was paying for what was not provided and the emotional turmoil I suffered. (they refused to renew my tenency when they realised I wouldn't wuss out). Downside of leaving, I'll be homeless next week as earning double what your rent is, ain't enough to rent a small studio property according the agents and new laws. So I'm feeling very bitter and let down right now.

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Monica 24th July, 2014 @ 21:31

Last year in August my family and I was wrongfully evicted. We had been renting our property for 4 years. These people were like family to us. I always made payments to the "wife", well in May of last year she started asking for cash because my ex gave her a bad check. I had no problem with that because I had paid in cash before or made checks out to cash. Never a problem. I received and eviction notice Mid July. I called her and she said not to worry about it that it was filed in era. In August I paid 975 as usual. Met with her on a Saturday, that following thursday I was being thrown out of my house. Her "husband" arrived with the city Marshalls. come to find out they seperated earlier that year. He told the marshalls she was not his wife, and I had not been paying her. This whole time I thought it was a mistake. He called her, and she said I had not paid since May. I only have three cashed checks from her, and the only evidence I have are text messages between she and I, my bank statements of cash withdrawls that coincide with the days of the text messages. And VM with her asking about rent.

Do I have a case

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Kanen 5th August, 2014 @ 23:46

The townhouse I was renting starting leaking water through the ceiling, we called the landlord he did nothing but say it leaked before but never diclosed the info to us. It finally made a 2 foot hole in our closet. 6 months of heat and moisture. Landlord finally fixed it after we had ended the lease contract. The mold report he gave us had mold found in closet roof. Landlord covered it up never had proper mold specialist come in. What can I do cause now he's trying to get money from a bounced check he finally went through his mail 2 months after the lease ended. What can I do if I can't pay it? Can he sue me if I have nothing in my name?

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gemma 8th August, 2014 @ 01:55

Hi can someone help please I have been without water for 5 days now, in the house is myself, partner and 2 children aged 5 and 4 I rang the letting agency up on monday morning and told them I have no water running through my house they told me to ring Severn Trent water which I did. The engineering man came out asap checked the stopcock near the property and the one on the street he said everything is fine and to contact the letting agency, which I did. They said that they will get in touch with my landlord and he will ring me, I waited for a phone call of him but didn't get one so Tuesday morning I rang the letting agency again and they said that they can't get in touch with the landlord and someone from there end will come and have a look a few hours later the handy man came and checked the main water tap in the house and said everything is fine andto ring severn Trent agaon , so I did they came out again and checked but said everything is fine on there side and to ring the letting agency again because its the landlords problem, so I rang the letting agency again and fobbed me off saying ring Severn Trent again which I told them they have been out twice and there is no problem there end. The letting agent then said well I have been trying to ring the landlord but no one is answering I ill ring the plumber to come out and check which I waited in all day and no one came. So now wednesday has come I ring the letting agency again and they didn't seem bothered by this time I was really annoyed because no one was sorting the problem out and like I said I have small children who couldn't do simple things like brush there teeth, have a wash etc also my house now is smelling like a sewer because I couldn't flush the chain.. I asked the letting agent for my landlords number but they wouldn't give it me so I said what is your next proucedure as I am living in a health hazard. They said they will try and ring the landlord again and ring me back so I waited again a few hours and they didn't call so I rang them back and asked them what is happening because we have had no water for 3 days. They said they can't do anything about it so I said I'm taking this further has it is against the law to have no water for 24 hours with children which again they just fobbed me off. So today I have rang housing standards up which they said they will sort out, after 15 mins my landlord rang me and said they didn't no anything about the situation till today and the letting agency didn't ring him.. Hopefully this mess will be sorted now as my landlord knows about this but I want to know of I can sue the letting agency for not informing the landlord about the situation and fobbing me off and keep asking me to ring Severn Trent water plus having no water now for 6 days? Thank you gemma

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Dee 22nd September, 2014 @ 22:36

Hi I need urgent help got a 2 bed property on 13 September through an agent. As I have just moved to UK from another part of Europe, I asked for furnished property. I viewed the property whilst the previous tenant was still there and signed a 2 year contract, paid for rent and deposit all totalling near £5,000. After the tenant moved out I realised a couple of things were wrong. There was not furniture in the property, the house suffers from mould and damp and infested with roaches and ants.The roof of the property is also leaking. currently my kids and I are sleeping on the floor. I have begged the agent to move me to another property but they day I'm stuck here cos I've signed the contract. All measures to get the landlord's brother ( as he's the one the agent are dealing with I was told the landlord is not in the country) to fix this mess is proving abortive and it's been weeks now and nothin being done. A painter was sent to paintroduce a couple of places that's all. I am at my watts end my children are crying due to the state of the property and my son threw up a couple of nights ago. I have bought and used insecticide but that a no TV working. The roof is leaking and the toilet waste passage is held with planks.

I managed to get the number of the previous tenant from a neighbour and when I spoke to her she said the issues I mentioned have been repairs the landlord promised make a long time ago but nothing haa been done.

please what steps do I need to take to make the agent either move me to another property of return my money as I was told they have not paid the landlord and neither have they put the money in the deposit scheme due to the issues I raised. I asked for a copy of the inventory and after a long time they finally gave me a copy which states the property is not in a habitable condition. Also the agent told me that they were only asked to look for a tenant for the property and are not managing the place but will try and help me resolve this issue.

Please I need your help.

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Vlady 5th October, 2014 @ 12:20

Hello,
I am a foreign student. I have hound a room in shared house trough internet. I have discussed with the landlady which room I want and when I am arriving, she said that the tenancy agreement is 10 month but I never comment this part - I did not agreed with. When I arrived the chosen room was for painting because there was damp and mold on the walls. The landlady asked me to stay in another room until mine is ready. It was late in the evening I have not other choice and stayed. She put me in first floor room next to the front door. The front door was not be able to be locked. When the chosen room was ready I asked her to move into it. She came gave me the key from the new painted room, asked me for the rent, I paid her for 4 weeks and she took me the key from the room that I was occupying and my belongings were still into that room. The landlady knew that the front door is not able to be locked and still took me the key of the room that I had stuff in it. When I start moving my stuff from the first floor room to the pained one, someone stole my wallets with GBP 650. It was for not more that 5 mins that I left them in this room and I have been in the house. I called the police and they made a report. I asked her for any compensation because she expose me in this situation as result that she took me the key. She said that she is not my mother.
I do not have a signed contract with her only verbal agreements. I looked to move out and when I found a new place I informed her that I want to move out with 2 weeks notice. Now she is refusing to pay my deposit back because when I moved into the house I have agreed to live there for 10 months term and now I am breaking this agreement and she wants to keep the Deposit. I never agreed verbal or written that I will stay 10 month. As my opinion she was the first one who break the contract with not providing me the room that we have agreed and the day that we agreed. After the condition of the house are sub-standard. Even of the painting there is still damp on the wall in my room. There is no light into the hallway.
Kindly advice me how I can take my deposit back. Can I sue her for breach of contract at first place and as a result of that I have been robbed and for negligence as well because it is her responsibility the front door to be able to be locked?

Please I need your advice and help.

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Andre carter 19th October, 2014 @ 02:04

I have asked landlord apiling to fix stuff. my house has become unlivable it has been declared by code inforcement Georgia lights the mayor city hall. my son was in the hospital for four days and was in icu for two and a half days due to the fact that my landlord has our pipes running down a bank beside the hoise. we have no septic tank. now we have to move, because the house is not hatiable. what suggestion do you have to recover the money that I have spent on the home and also money for us having to move because the land Lord has failed to maintain his rental properties.

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