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:
(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.
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.
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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118 Comments - join the conversation...
Showing 69 - 118 comments (out of 118)
loulou2012-02-03 03:14:01
Jeremy, as a good Landlord, you have nothing to worry about.
Why attack journalists for wanting to highlight a problem that exists?
Unfair treatment is not balanced so how do you report it?
There will be thousands of people around the country who have bad Landlords,this programme will expose those particular individuals and it will not tar all with the same brush.
Remember the "TENANTS FROM HELL" Tv programme?
You will always have tenants to rent your house, nobody will be put off renting your property after watching this programme!
Why attack journalists for wanting to highlight a problem that exists?
Unfair treatment is not balanced so how do you report it?
There will be thousands of people around the country who have bad Landlords,this programme will expose those particular individuals and it will not tar all with the same brush.
Remember the "TENANTS FROM HELL" Tv programme?
You will always have tenants to rent your house, nobody will be put off renting your property after watching this programme!
69
loulou2012-02-03 03:19:17
Unless you are one of the Landlords who end up on this programme...
70
Jeremy2012-02-03 19:52:31
Hello LouLou,
Thanks for replying. Are you working with TwoFour, or someone with an interest? If you are a TwoFour employee then thanks for confirming you're not going to tar all landlords as being bad. That's good of you.
I don't want to give the wrong impression over what I'm annoyed about. I am not annoyed about exposing bad landlords, if fact that's a really good thing. I'm annoyed at the probability that the format will be something like:
- Lots of pictures of some awful conditions;
- A dub-over commentary giving the back story;
- Interview with tenant, so we can see just how much misery the landlord's heaped on them;
- Doorsetp the Landlord, who tries to escape the camera crew shoving a microphone under his nose.
The enduring image is of some dodgy looking bloke scarpering off in a big old jag.
Ask the casual viewer to summarise the half hour programme in one sentance and you'll get "All Landlords are scum".
But if the format was more like:
- Lots of pictures of some awful conditions;
- A dub-over commentary giving the back story;
- Interview with tenant, so we can see just how much misery the landlord's heaped on them;
- The programme's resident good landlord confirms this is atrocious treatment; tells landlords what they should do if they get this problem and tenants what to do to make their landlord act;
- Doorsetp the Landlord, who tries to escape the camera crew shoving a microphone under his nose.
The people who are being effected by similar problems may be empowered to act, which would be a really good thing for them. I think some of the "bad" landlords out there will be just plain ignroant / scared of doing building maintenance: They got into the industry thinking it was all about taking rent and now they need a wake up call.
No, I missed the Tenants From Hell programme. Is any channel repeating it now? Was that TwoFour, to?
I think I've got more chance of flying to the moon than ending up on Landlords From Hell, but I'm not going to use this post to blow my own trumpet as to why.
Thanks for replying. Are you working with TwoFour, or someone with an interest? If you are a TwoFour employee then thanks for confirming you're not going to tar all landlords as being bad. That's good of you.
I don't want to give the wrong impression over what I'm annoyed about. I am not annoyed about exposing bad landlords, if fact that's a really good thing. I'm annoyed at the probability that the format will be something like:
- Lots of pictures of some awful conditions;
- A dub-over commentary giving the back story;
- Interview with tenant, so we can see just how much misery the landlord's heaped on them;
- Doorsetp the Landlord, who tries to escape the camera crew shoving a microphone under his nose.
The enduring image is of some dodgy looking bloke scarpering off in a big old jag.
Ask the casual viewer to summarise the half hour programme in one sentance and you'll get "All Landlords are scum".
But if the format was more like:
- Lots of pictures of some awful conditions;
- A dub-over commentary giving the back story;
- Interview with tenant, so we can see just how much misery the landlord's heaped on them;
- The programme's resident good landlord confirms this is atrocious treatment; tells landlords what they should do if they get this problem and tenants what to do to make their landlord act;
- Doorsetp the Landlord, who tries to escape the camera crew shoving a microphone under his nose.
The people who are being effected by similar problems may be empowered to act, which would be a really good thing for them. I think some of the "bad" landlords out there will be just plain ignroant / scared of doing building maintenance: They got into the industry thinking it was all about taking rent and now they need a wake up call.
No, I missed the Tenants From Hell programme. Is any channel repeating it now? Was that TwoFour, to?
I think I've got more chance of flying to the moon than ending up on Landlords From Hell, but I'm not going to use this post to blow my own trumpet as to why.
71
CrystalTip472012-02-03 22:01:58
I have been in my private rented property for nearly 4 years now. Upon my first rent renewal contract, I asked the lettings agents if the landlord could replace the large window at the front of the house as it was rotting away, and I had a really bad winter that it cost me the earth to warm up the house. The response to this was "oh yes, we will mention it to him" - it is now nearly 3 years on since I asked and I am still waiting! I go in every month with the rent, in the hope they get fed up of me asking, but it hasn't worked. I went to CAB and they told me to get in touch with the council, and that they could do it if they think it needs doing, but to be warned that the landlord could evict me - charming! I have lost the will and desire to do anything to the house now and it's looking pretty shabby and I am spiralling into depression, which is not in my nature. It hurts to keep warm, I am constantly filling hot water bottles to keep me warm. I am also using a gas/electric meter as the 1st winter in the house got me in to debt, so I'm counting the pennies as I try to keep warm. The landlord has been to my property twice to measure the windows and doors but nothing happened. I have just had a security door taken off so they can measure up again, it is now even colder till he comes to measure up. Where do I stand on this?
72
Jeremy2012-02-04 10:20:40
Hello CrystalTip47,
If your supermarket sold you horrible food would you shop somewhere else? If your mobile phone provider messed you about, would you switch to a new supplier?
This is a consumer society: Customers vote with their feet and refuse to use bad suppliers.
A bad landlord won't bother to replace the window. A mediocre landlord will replace the window. A good landlord will have a plan of property maintenance (in this case regular repainting) so the window never gets bad in the first place.
Leave this house and go and find a new one to live in. I'm absolutely astonished that you're now into your third year of letting when you think your landlord is not looking after you. Because moving is a labourous process, can I suggest that at your next visit to your letting agent you take a letter which contains photos highlighting the bad points of the window and says:
- You have had to live with this for three years and will not tolerate it any longer;
- If a new window has not be installed to your full satisfaction by date x then you'll be leaving;
- Remind the landlord that he'll have a void period. And no sensible tenant would move in with the window in this state.
- So the landlord's got a choice of replacing the window now, whilst he's got an income to cover the cost and suffer no void period or replacing it when he has no income and suffering a void period.
Don't be scared about him evicting you. Why are you scared of being evicted from a house which is making cold and poor?
I hope these thoughts help you. Please let us know how you get on.
If your supermarket sold you horrible food would you shop somewhere else? If your mobile phone provider messed you about, would you switch to a new supplier?
This is a consumer society: Customers vote with their feet and refuse to use bad suppliers.
A bad landlord won't bother to replace the window. A mediocre landlord will replace the window. A good landlord will have a plan of property maintenance (in this case regular repainting) so the window never gets bad in the first place.
Leave this house and go and find a new one to live in. I'm absolutely astonished that you're now into your third year of letting when you think your landlord is not looking after you. Because moving is a labourous process, can I suggest that at your next visit to your letting agent you take a letter which contains photos highlighting the bad points of the window and says:
- You have had to live with this for three years and will not tolerate it any longer;
- If a new window has not be installed to your full satisfaction by date x then you'll be leaving;
- Remind the landlord that he'll have a void period. And no sensible tenant would move in with the window in this state.
- So the landlord's got a choice of replacing the window now, whilst he's got an income to cover the cost and suffer no void period or replacing it when he has no income and suffering a void period.
Don't be scared about him evicting you. Why are you scared of being evicted from a house which is making cold and poor?
I hope these thoughts help you. Please let us know how you get on.
73
CrystalTip472012-02-04 10:53:35
Hi Jeremy,
thanks for your prompt reply, the only reason I have stayed in my property for this length of time, is that my son is in secondary school in the area and it took me a while to get him in there, at the same time we had just moved into this house, I didn't think there would be any problems with it. My initial plan was to move on again after my son left school, which will be soon. The point I would like to make is, after I have gone, the landlord will put new windows in for someone else, but not for me who has paid her rent every month, (I wonder sometimes if it's because I'm a single woman with a child and he thinks he can bully me? - the lettings agents is run by women too - just a thought that he might be a bit of a pig?)
I just think it's unfair, that someone else should have the benefit of new windows when I asked nearly 3 years ago. I did write to the landlord directly with photos for him to see (in case the lettings agents weren't passing on the message for some reason or other), I've pretty much been down every avenue with this.
Should I make him still do the windows and still go just to have made him do what he should have done first time I asked or should I leave it? I'm due to be moving around June latest this year.
I want some justice in this, I've paid the landlord my dues and he's done nothing, is it worth bothering? Sorry for waffling on
:-)
Your opinion is greatly appreciated.
thanks for your prompt reply, the only reason I have stayed in my property for this length of time, is that my son is in secondary school in the area and it took me a while to get him in there, at the same time we had just moved into this house, I didn't think there would be any problems with it. My initial plan was to move on again after my son left school, which will be soon. The point I would like to make is, after I have gone, the landlord will put new windows in for someone else, but not for me who has paid her rent every month, (I wonder sometimes if it's because I'm a single woman with a child and he thinks he can bully me? - the lettings agents is run by women too - just a thought that he might be a bit of a pig?)
I just think it's unfair, that someone else should have the benefit of new windows when I asked nearly 3 years ago. I did write to the landlord directly with photos for him to see (in case the lettings agents weren't passing on the message for some reason or other), I've pretty much been down every avenue with this.
Should I make him still do the windows and still go just to have made him do what he should have done first time I asked or should I leave it? I'm due to be moving around June latest this year.
I want some justice in this, I've paid the landlord my dues and he's done nothing, is it worth bothering? Sorry for waffling on
:-)
Your opinion is greatly appreciated.
74
Jeremy2012-02-04 15:32:14
Hello CrystalTip47,
Do you mind if you some advice not with my landlord hat on but more from my phychology background.
I perceive you are getting into a victim mentailty on this issue. You are wondering if he's actively bullying you. Not just being a rubbish person who's ignoring you. You're seething it will be YOUR money paying for the window. Rather than the money the landlord happens to have in his pocket when the windows are paid for. Who knows where that money has come from: You, other tenants, maybe he's a part time landlord with a full time job and the money has come form that.
And a lot of this is backward looking. Because you've had three years of being looked after shoddily you think you've created an entitlement to be looked after well now: "I want some justice in this".
People with victim mentality are at risk of having some problems in life:
- Live in the past;
- Recover badly / long time from set backs;
- Can continue petty greivences / feuds with people
I'm not suggesting this is what you're like, it's risks you face in life which will prevent you enjoying things as much as possible.
My suggestion would be to accept that your rubbish windows over the past three years is as a result of two things:
1 - Your landlord has not done them;
2 - You have not had the right negotiation skills to persuade him to replace.
So it's both your faults. Do you want to develop those skills? You might say: No. Right then, this landlord is not for me. I am going to leave him. He is going to lose a brilliant tenant. His next tenant is going to be pants, they'll be late with the rent and trash the place before disappearing. I'm going to use this expereince to ask the right up-front questions and do the right negotiations to find a good landlord next time.
What's been good about this house. My son got a good education from a school he could never have attended if we'd had to buy instead of rent. So in the long term, my son wil have a more ewarding career and better freinds because I stuck with some cold and high gas bills. I have endured things to provide for my offspring. I am a brilliant parent.
So to more practical matters: If you're leaving in June and you've got no traction on this issue in the past three years, only you can decide how much more effort you want to put into it. But please base that decision on how much the new windows would mean to you in the future rather than how much you deserve tham because what has happened in the past.
Do you mind if you some advice not with my landlord hat on but more from my phychology background.
I perceive you are getting into a victim mentailty on this issue. You are wondering if he's actively bullying you. Not just being a rubbish person who's ignoring you. You're seething it will be YOUR money paying for the window. Rather than the money the landlord happens to have in his pocket when the windows are paid for. Who knows where that money has come from: You, other tenants, maybe he's a part time landlord with a full time job and the money has come form that.
And a lot of this is backward looking. Because you've had three years of being looked after shoddily you think you've created an entitlement to be looked after well now: "I want some justice in this".
People with victim mentality are at risk of having some problems in life:
- Live in the past;
- Recover badly / long time from set backs;
- Can continue petty greivences / feuds with people
I'm not suggesting this is what you're like, it's risks you face in life which will prevent you enjoying things as much as possible.
My suggestion would be to accept that your rubbish windows over the past three years is as a result of two things:
1 - Your landlord has not done them;
2 - You have not had the right negotiation skills to persuade him to replace.
So it's both your faults. Do you want to develop those skills? You might say: No. Right then, this landlord is not for me. I am going to leave him. He is going to lose a brilliant tenant. His next tenant is going to be pants, they'll be late with the rent and trash the place before disappearing. I'm going to use this expereince to ask the right up-front questions and do the right negotiations to find a good landlord next time.
What's been good about this house. My son got a good education from a school he could never have attended if we'd had to buy instead of rent. So in the long term, my son wil have a more ewarding career and better freinds because I stuck with some cold and high gas bills. I have endured things to provide for my offspring. I am a brilliant parent.
So to more practical matters: If you're leaving in June and you've got no traction on this issue in the past three years, only you can decide how much more effort you want to put into it. But please base that decision on how much the new windows would mean to you in the future rather than how much you deserve tham because what has happened in the past.
75
CrystalTip472012-02-04 16:30:22
Hi again Jeremy,
thanks again for your reply, I understand where you are coming from and didn't realise I was coming across like that. I'm not a victim by nature, and I hate bullies, I guess I was just feeling hard done by for doing the right thing.
You are right, I should leave it all behind when I go and start afresh with new opportunities. I am looking forward to the new move and it won't be long now.
Many thanks for your opinion, greatly appreciated it, kind of helped me set my mind for the future. :-)
thanks again for your reply, I understand where you are coming from and didn't realise I was coming across like that. I'm not a victim by nature, and I hate bullies, I guess I was just feeling hard done by for doing the right thing.
You are right, I should leave it all behind when I go and start afresh with new opportunities. I am looking forward to the new move and it won't be long now.
Many thanks for your opinion, greatly appreciated it, kind of helped me set my mind for the future. :-)
76
Jeremy2012-02-04 17:04:34
Hello CrystalTip47,
Pleasure. I hope this helps you in the long run. You're right you've been hard done by. I hate bad landlords. Gives all the hard working ones a bad reputation!
Jeremy
Pleasure. I hope this helps you in the long run. You're right you've been hard done by. I hate bad landlords. Gives all the hard working ones a bad reputation!
Jeremy
77
sharon lee2012-02-17 03:10:29
my brother and his wife have been kicked out of there job/home as they were manegers of a pub now the boss is saying they cant have there stuff back have they got leagl rights to there belongings and he cant keep it can he
78
Jeremy2012-02-17 19:40:37
Hello Sharon,
I'm a little bit reticent to affer you advice with 100% certainty because your family would have had a commercial tenancy (where terms can be less regulated than consumer tenancies which renters of houses enjoy) and / or they could have a seperate service contract to run the pub.
But I'm 99% sure this is illegal. If it were to stand the slightest hope of being legal it would have to be specifically stated in teh contract that the landlord was able to retain chattels as liquidated damages upon debts owed under the contract. If that clause is not in the contract then it's absolutely not legal. And probably not, even if it is.
I'd have a quick chat with a solicitor, seeing how your query is so specific. The landlord could be playing a dangerous game. Courts are willing to award exemplary damages against people who do this kind of thing.
I'm a little bit reticent to affer you advice with 100% certainty because your family would have had a commercial tenancy (where terms can be less regulated than consumer tenancies which renters of houses enjoy) and / or they could have a seperate service contract to run the pub.
But I'm 99% sure this is illegal. If it were to stand the slightest hope of being legal it would have to be specifically stated in teh contract that the landlord was able to retain chattels as liquidated damages upon debts owed under the contract. If that clause is not in the contract then it's absolutely not legal. And probably not, even if it is.
I'd have a quick chat with a solicitor, seeing how your query is so specific. The landlord could be playing a dangerous game. Courts are willing to award exemplary damages against people who do this kind of thing.
79
Steve2012-03-02 19:41:39
Message: Hi, when we started our rent of the our address we were not provided with a Landlords Gas Saftey Certificate, approx 7 weeks into our rent we were produced with a Installation Gas Certificate for the new boiler, that was fitted a year previous. When we were produced with this Installation Certificate, it was 2 days short of a year old. We then had the appropriate certificate by law carried out, which is a Landlords Gas Saftey Certificate. Which I complained to the estate agents about as even then the gas cooker that was already installed and ready for use when we moved in, did not have and saftey check carried out on it, later I found this appliance unsafe and had to purchase a electric cooker on a Sunday as the supply hose was leaking and the cooker gas jets damaged. I have written several times to the agents who protect the landlord and themselves, and state that the property was covered by a saftey certificate, I know this is illegal, as I work for a major house developer. We have a boiler installed new, and receive a gas
installation saftey cert, and before tennants move in we need by law a landlords gas saftey cert, or we are breaking the law. I spoke to gas safe and they agree. I have asked my agents for £450 back for the cooker and work carried out and because my contract states that if any period the house is classified as a risk, the landlord is to return our rent for that period. So I asked for my rent to be returned, as my self and family were at risk of un tested gas appliances by law. Technically as the gas cooker was never tested and had a split hose connection to it, the house has been a factor of risk of harm since I moved in. Please help, we are getting bullied because we know our rights, and they refuse to follow the law.
installation saftey cert, and before tennants move in we need by law a landlords gas saftey cert, or we are breaking the law. I spoke to gas safe and they agree. I have asked my agents for £450 back for the cooker and work carried out and because my contract states that if any period the house is classified as a risk, the landlord is to return our rent for that period. So I asked for my rent to be returned, as my self and family were at risk of un tested gas appliances by law. Technically as the gas cooker was never tested and had a split hose connection to it, the house has been a factor of risk of harm since I moved in. Please help, we are getting bullied because we know our rights, and they refuse to follow the law.
80
Jeremy2012-03-03 10:08:43
Hello Steve,
On the assumption you have enough evidence to stop this being a "I said - he said" type situation then:
- Write to the agent saying they now have a final opportunity to remedy before you take matters further. Give them a reasonable time to reply;
- Find out if this agent in in the scope of The Property Ombudsman service. If yes do (1), (2) and (3) - assuming each stage des not resolve things for you. If not, you'll need to got straight to (3)
(1) Write to the agent's complaints dept asking them to internally mediate with the lettings branch you're dealing with
(2) Write to The Property Ombudsman service setting out what's wrong
(3) Start the Small Claims process of the High Court.
Hope this helps. Please let us know how you get on.
On the assumption you have enough evidence to stop this being a "I said - he said" type situation then:
- Write to the agent saying they now have a final opportunity to remedy before you take matters further. Give them a reasonable time to reply;
- Find out if this agent in in the scope of The Property Ombudsman service. If yes do (1), (2) and (3) - assuming each stage des not resolve things for you. If not, you'll need to got straight to (3)
(1) Write to the agent's complaints dept asking them to internally mediate with the lettings branch you're dealing with
(2) Write to The Property Ombudsman service setting out what's wrong
(3) Start the Small Claims process of the High Court.
Hope this helps. Please let us know how you get on.
81
Steve2012-03-05 09:08:30
Yes that is very helpful, I have all documents and pictures and I live in that property now, so more can be taken. The letting agent is independent, but I will right now and give 28 days notice, also the council are doing an inspection to our claims too. It goes further than the gas as they have left other things very dangerously unsafe, and I reported them in writing and once again nothing back.
I shall now sue them, I must say that this particular estate agent along with the landlord let's all others down.
Steve.
I shall now sue them, I must say that this particular estate agent along with the landlord let's all others down.
Steve.
82
?????2012-03-21 22:16:30
since moving into my property 5 months ago i have told my landlord of repairs that need doing to which i am always told will be repaired in the next few days and never are,
i have three young children and another on the way and my doors and windows are leaking causing mould everywhere. the landlord has now told me that this is happening because the windows are fucked but legally they are only allowd to change two a year so i have to live with it. evrywhere i look there is mould including the floors from damp. more alarmingly there is asbestos in the garden which the landlord has meant to have been getting rid of for four months now. one of the window handles has rotted away and the response i received was i will get round to it but im doing fuck all in this weather! we agreed to do some repairs ourselves in return for a reduction in rent but each month we get told it'll get sorted next month.....obviously this never happens.
up until now i thought landlord was just forgetful but now im starting to think otherwise. id there anything i can do? are these genuine excuses or am i paying top money for nothing?
i have three young children and another on the way and my doors and windows are leaking causing mould everywhere. the landlord has now told me that this is happening because the windows are fucked but legally they are only allowd to change two a year so i have to live with it. evrywhere i look there is mould including the floors from damp. more alarmingly there is asbestos in the garden which the landlord has meant to have been getting rid of for four months now. one of the window handles has rotted away and the response i received was i will get round to it but im doing fuck all in this weather! we agreed to do some repairs ourselves in return for a reduction in rent but each month we get told it'll get sorted next month.....obviously this never happens.
up until now i thought landlord was just forgetful but now im starting to think otherwise. id there anything i can do? are these genuine excuses or am i paying top money for nothing?
83
Jeremy2012-03-29 20:48:19
Hello ?????
Legal maximum of two windows replaced per year. I never thought I'd live to hear that one used seriously. I'm really sorry to say this but I think your landlord is playing you for a fool.
If things are as bad as you say then you want to be taking him to court (after giving him several written warnings). The blog by landlord: http://www.propertyinvestmentproject.co.uk/blog/landlords-responsibility-to-repair-and-maintain/
Should help you some more.
Legal maximum of two windows replaced per year. I never thought I'd live to hear that one used seriously. I'm really sorry to say this but I think your landlord is playing you for a fool.
If things are as bad as you say then you want to be taking him to court (after giving him several written warnings). The blog by landlord: http://www.propertyinvestmentproject.co.uk/blog/landlords-responsibility-to-repair-and-maintain/
Should help you some more.
84
bernard strange2012-03-29 22:59:00
hi name is bernie & for the last 8,years or just over the tenant above me keeps haveing ago at he keeps saying he & his mates are going to give me a good kicking & beating, he use,s & sells drugs,
i,ve called the police on him god knows how many time,s but they do not do anything about him ,
like on the 21/03/12 he came down to my door & had a go at me we a knife i called the police but gess what they did not arrest him ,
this man that live,s in the flat above keeps banging & tapping playing very loud music & if i say something or report to my housing & call the police
he has a go at me saying i have no right ,
just like lastnite i went to the loo then flushed it he started banging that/ he knows i,am very ill & i think he,s playing on that ,as for why the police did not arrest him on the 21/03/12 they said they could but they would not because he lives in the same block as me/ i need help & fast as i,am thinking of getting a tent & putting it by the M6 as i can take anymore from him if anyone can help me let me know please.
i,ve called the police on him god knows how many time,s but they do not do anything about him ,
like on the 21/03/12 he came down to my door & had a go at me we a knife i called the police but gess what they did not arrest him ,
this man that live,s in the flat above keeps banging & tapping playing very loud music & if i say something or report to my housing & call the police
he has a go at me saying i have no right ,
just like lastnite i went to the loo then flushed it he started banging that/ he knows i,am very ill & i think he,s playing on that ,as for why the police did not arrest him on the 21/03/12 they said they could but they would not because he lives in the same block as me/ i need help & fast as i,am thinking of getting a tent & putting it by the M6 as i can take anymore from him if anyone can help me let me know please.
85
Jeremy2012-03-30 21:43:29
Hello bernard strange,
Move out. If no one else is helping you then move out. Live in what you describe as a hell hole or move out. It's not about blame, it's about your quality of life. If I'd had to live with this for eight years then I'd be seriously ill, too. If you continue to live there then I think you actually enjoy being a victim.
Move out. If no one else is helping you then move out. Live in what you describe as a hell hole or move out. It's not about blame, it's about your quality of life. If I'd had to live with this for eight years then I'd be seriously ill, too. If you continue to live there then I think you actually enjoy being a victim.
86
Vinita Sweatfield2012-04-04 19:49:29
Throughout this grand design of things you'll receive an A with regard to effort and hard work. Exactly where you actually confused me personally ended up being on all the details. As as the maxim goes, the devil is in the details... And it couldn't be more accurate here. Having said that, let me reveal to you exactly what did give good results. Your writing is really convincing and that is probably the reason why I am making the effort in order to opine. I do not make it a regular habit of doing that. 2nd, despite the fact that I can easily notice the jumps in logic you come up with, I am not necessarily convinced of exactly how you seem to unite your details which in turn produce the actual final result. For right now I will, no doubt subscribe to your issue however hope in the future you connect the dots better.
87
Zoe2012-04-13 17:37:33
Hi there, I am seeking advice on the following situation, any help would be appreciated.
I am a university student living with a fellow student in a two bedroom flat within a complex of 8. We have an assured shorthold tenancy with a student letting agency who work on behalf of the owner of the property. The rent stands at £5567.98 over 48 weeks and is paid in three installments, August, January and April.
The problem is this: from 1st August - 1st February (5 months/26 weeks) we had no access to central heating or hot water
due to problems with the boiler. We informed the letting agency of this, who responded by sending round an 'engineer' - often up to 10 days later - who would simply reset the boiler and leave. Obviously this did not help and we would once again be left with no heating/hot water for another week. This continued until February 1st when an engineer came and installed a new boiler.
The letting agency provided us with one electric heater for a short period of time and suggested we use the kettle to boil water and fill up the bath. This resulted in a bill of almost £200 for 4 months.
The effects of the living conditions were detrimental to our health both mentally (being a sufferer of Depression and Anxiety) and physically, and we feel largely discriminated against due to the fact that we are students.
In January, the letting agency provided us with a reduction of £250 on our rent, with no mention of it being compensatory.
We contacted the owner of the property requesting a formal meeting to discuss matters on 1st February, and received a reply 12th April basically stating that they feel that the £250 is fair recompense, and declining to meet in person due to health issues.
We feel that this is a serious matter and that we should be compensated significantly, and that the landlord is not taking us seriously.
I was just wondering whether we have a legally valid case should we opt to sue the landlord, and if so on what grounds.
Regards
Zoe
I am a university student living with a fellow student in a two bedroom flat within a complex of 8. We have an assured shorthold tenancy with a student letting agency who work on behalf of the owner of the property. The rent stands at £5567.98 over 48 weeks and is paid in three installments, August, January and April.
The problem is this: from 1st August - 1st February (5 months/26 weeks) we had no access to central heating or hot water
due to problems with the boiler. We informed the letting agency of this, who responded by sending round an 'engineer' - often up to 10 days later - who would simply reset the boiler and leave. Obviously this did not help and we would once again be left with no heating/hot water for another week. This continued until February 1st when an engineer came and installed a new boiler.
The letting agency provided us with one electric heater for a short period of time and suggested we use the kettle to boil water and fill up the bath. This resulted in a bill of almost £200 for 4 months.
The effects of the living conditions were detrimental to our health both mentally (being a sufferer of Depression and Anxiety) and physically, and we feel largely discriminated against due to the fact that we are students.
In January, the letting agency provided us with a reduction of £250 on our rent, with no mention of it being compensatory.
We contacted the owner of the property requesting a formal meeting to discuss matters on 1st February, and received a reply 12th April basically stating that they feel that the £250 is fair recompense, and declining to meet in person due to health issues.
We feel that this is a serious matter and that we should be compensated significantly, and that the landlord is not taking us seriously.
I was just wondering whether we have a legally valid case should we opt to sue the landlord, and if so on what grounds.
Regards
Zoe
88
Cardifflandlord2012-04-14 06:46:58
Zoe,
Whilst I am sorry for the predicament you have been in I can't help feeling you are just trying to take the piss a little bit here and are just out to stiff the landlord.
Yes - you were left in an unsatisfactory position without hot water and CH but you did accept a heater and the agency are offering you more than you paid in utilities. "Compensated significantly" is an unreasonable term and although you say you suffer from depression etc then this is difficult to put a value on. You would also have to prove discrimination as a student - good luck with that.
If you want to sue the landlord then go and see your student housing officer (which you should have done in the first place for them to act on your behalf)and get their advice first before setting off on a misguided course of action. You had 7 months in which to insist that this matter be sorted (or your parents or whom ever is paying your lodgings - massive assumption here so apologies if inaccurate)so don't try to use time as an excuse to get some revenge. If you decide to go to sue then you have to be seen to be fair too and £250.00 compensation is reasonable.
Whilst I am sorry for the predicament you have been in I can't help feeling you are just trying to take the piss a little bit here and are just out to stiff the landlord.
Yes - you were left in an unsatisfactory position without hot water and CH but you did accept a heater and the agency are offering you more than you paid in utilities. "Compensated significantly" is an unreasonable term and although you say you suffer from depression etc then this is difficult to put a value on. You would also have to prove discrimination as a student - good luck with that.
If you want to sue the landlord then go and see your student housing officer (which you should have done in the first place for them to act on your behalf)and get their advice first before setting off on a misguided course of action. You had 7 months in which to insist that this matter be sorted (or your parents or whom ever is paying your lodgings - massive assumption here so apologies if inaccurate)so don't try to use time as an excuse to get some revenge. If you decide to go to sue then you have to be seen to be fair too and £250.00 compensation is reasonable.
89
Jeremy2012-04-17 00:40:27
Hello Zoe,
I'm going to give you a response a little bit more positive than Cardiff:
- Having to wait up to two weeks for a heating negineer call out is outrageous. You should expect that on the next day or even tehsame day if you're lucky;
- Taking five months to diagnose the boiler required replacement makes me think the landlord was desperately trying to get an old heap fixed, far beyond it's useful life.
The impact on you of no running hot water and no winter heating would be sifnificant, beyond a £250 compensation and one portable heater.
However, can I suggest that if you're considering suing then you are living in the past. You should have been nipping this problem in the bud by threatening to withhold rent in September. Maybe instead of suing you should learn from this experience and apply it to situations in the future. You could put a lot of your life and money into building a court case: What will you really win from it?
I'm going to give you a response a little bit more positive than Cardiff:
- Having to wait up to two weeks for a heating negineer call out is outrageous. You should expect that on the next day or even tehsame day if you're lucky;
- Taking five months to diagnose the boiler required replacement makes me think the landlord was desperately trying to get an old heap fixed, far beyond it's useful life.
The impact on you of no running hot water and no winter heating would be sifnificant, beyond a £250 compensation and one portable heater.
However, can I suggest that if you're considering suing then you are living in the past. You should have been nipping this problem in the bud by threatening to withhold rent in September. Maybe instead of suing you should learn from this experience and apply it to situations in the future. You could put a lot of your life and money into building a court case: What will you really win from it?
90
Sarah2012-04-27 17:12:19
I successfully sued my landlord. He instructed a plumber to come and do some work to the toilet who damaged £200 worth Of my possessions, agents refused to give me the plumbers details so CAB advised us the only thing to do was small claims court against the landlord. I won and got a s21 eviction notice in with the cheque!
91
Jeremy2012-04-27 21:44:12
Hello Sarah,
Well that's your gain (you lose a rubbish landlord) and his loss.
Just for interest's sake: You did not need the contact details of the plumber. All you needed to do was serve notice on the landlord or his lettings agent. The plumber was acting as the agent of the landlord who provided a "service" under the terms of a letting agreement. The landlord, in turn, could take up any rights of subrogation with the plumber he chose.
Well that's your gain (you lose a rubbish landlord) and his loss.
Just for interest's sake: You did not need the contact details of the plumber. All you needed to do was serve notice on the landlord or his lettings agent. The plumber was acting as the agent of the landlord who provided a "service" under the terms of a letting agreement. The landlord, in turn, could take up any rights of subrogation with the plumber he chose.
92
Sarah2012-04-27 22:36:47
Hi jeremy.
My insurance company was going to claim against the plumbers public liability insurance but without his details they couldn't, had the agent given them to me i wouldnt have had to make a claim via the small claims court. My letting agent didn't believe I would make a claim right up until it was served and even then wrote to me saying my possessions weren't worth anything, this made me determined to see it through. I don't regret doing it for a moment, I've been a tennancy in this flat for 8 years always paid rent on time so it's his loss.
My insurance company was going to claim against the plumbers public liability insurance but without his details they couldn't, had the agent given them to me i wouldnt have had to make a claim via the small claims court. My letting agent didn't believe I would make a claim right up until it was served and even then wrote to me saying my possessions weren't worth anything, this made me determined to see it through. I don't regret doing it for a moment, I've been a tennancy in this flat for 8 years always paid rent on time so it's his loss.
93
jeremy2012-06-02 22:04:28
My wife and I recently were asked to move out due to a closing date they had on the house. We moved without having to be evicted and everything was fine. After a few weeks we were informed by a third party stating the landlords were going to keep our last months rent for damages. This is after giving us a good reference and also passing all of our monthly inspections as"great tennents. When we confronted them of their comment they said that a repair i had made on a broken garage panel was not to their standards. When i fixed it originally they said it was fine. They also said that there were stains on the carpet( have witnesses swatting they wer previously there). I offered to fix everything to their standard but would only do it if we came to an agreement in writing.I am contesting that we never put a security deposit down and we are owed the last month's rent we paid at the beginning of the lease since we were asked to leaver prematurely. They are claiming that they can keep it for the damages and because we broke the lease. They did not start to complain until after the appraisal came back 45,000 dollars lower than waht they expected and now the buyers are not willing to pay the asking price. Am i entilted to the l;ast months rent or can they change their story and say we owe for damages. Also, we were never given an official date of a final walk through, but they showed the house for selling two weeks before we moved out with no complaints and that was two months after i repaired the garage door. Now they are saying they were satisfied with the repair as long as they were selling the house, but if the buyers dont close then they want a brand new one. We didn't get the approval in writiing because they seemed to be very happy with it at the time.
94
E.T.2012-06-03 14:17:33
Always the way isn't it? They seem perfectly reasonable then once your back's turned they screw you. Not much help, I realise!
95
BL&LH2012-06-21 18:05:09
Hi, I’ve been googling for hours trying to find an answer to my problem so I though this post may help. 5 weeks ago myself and my housemate found a house we wanted to rent, and as we have two pets we were asked to pay two months deposit (normal deposit is 1-1.5 months) upfront to secure the property and were given a moving date by the estate agents of 2 weeks time. The house was going through a sale (by the same estate agents) and we were assured it would complete by the moving date given to us. The estate agent was aware my tenancy on my current property expired 5 weeks from the date we handed the deposit over, but he did not make us aware this would be an issue as we would be in the new property long before then. The moving date came and went, with the house still not completed. Over the next two weeks we continuously rang the estate agent for updates of the sale, to which we were given no help, just saying it was out of his hands. We are now at the point that the sale has still not completed and on Monday (today being Thursday) we are homeless if the house does not complete tomorrow (Friday). We have lost money already as we booked a removals van which we had to cancel, losing our deposit, and we have both had to book Monday off work (unpaid) in the event that we can use Monday to hold out to see if the house sells. If it does not we will have to put our belonging into storage and find a hotel to stay in until the house completes, as at 12midnight my tenancy agreement on my current property expires. So to clarify, the estate agent has had £1510 of our money for 5 weeks, with no offer of a refund until the sale goes through or receipt to say the money is in the DPS, therefore earning interest on our money (and we have lost it). We were given no forewarning that there was a chance the sale would not complete in time, as if we knew this prior to two days before we are homeless, we would have looked else where, as we needed assurance we would have a new home once the old tenancy agreement expired. Sorry for the essay and I hope I have explained it in a sensical way... We would be much appreciative of any advice or help on this matter, as in do we have a case to try and claim back expenditures? Are there any legal restrictions for an estate agent to advertise a property for rent before it has completed in the sale? Is the estate agent legally authorised to take the deposit from us before the sale has completed or should it have just been referencing fees and a holding fee? If yes is there a case to claim for misrepresentation? Thank you for any advice you can give.
96
Jeremy2012-06-24 22:42:57
Hello BL and BH
Please see my reply to you on: http://www.propertyinvestmentproject.co.uk/blog/why-do-letting-agents-charge-tenants-an-admin-fee/
Please see my reply to you on: http://www.propertyinvestmentproject.co.uk/blog/why-do-letting-agents-charge-tenants-an-admin-fee/
97
Kayliegh2012-07-16 13:37:46
Hi I need help
I was renting a table to do nails from a landlord of the Buisness one day with no warning they fleed and I now have loss of income no where to work from ect is there anything I can sue for ?
I was renting a table to do nails from a landlord of the Buisness one day with no warning they fleed and I now have loss of income no where to work from ect is there anything I can sue for ?
98
Omrie2012-07-18 17:24:12
Hi
(Joint Tenancy)
My property was flooded twice due to negligence on behalf of the landlord, i live on the second floor and the leaking was due to ill guttering & maintenance, the second time around my girlfriend had to vacate the premises as her heath became an issue 'Astmatic' due to the severe damp stress, damaged items and dangerous Electrics etc, the property has a history of leaking from our neighbors, which is water also coming from electric sockets light bulbs and fire alarms 'Video Footage' my question is our joint tenancy doesn't run out for another 3 months, can she sever her side only and i continue on my own? or is she tied in for the next few months regardless of the messed up situation and her health, im happy to continue on my own as the sole tenant. BTW i didnt not move as i slipped in the property 'Floods' and severely injured my knee and need surjury. thanks, would love some advice as were kinda stuck.
(Joint Tenancy)
My property was flooded twice due to negligence on behalf of the landlord, i live on the second floor and the leaking was due to ill guttering & maintenance, the second time around my girlfriend had to vacate the premises as her heath became an issue 'Astmatic' due to the severe damp stress, damaged items and dangerous Electrics etc, the property has a history of leaking from our neighbors, which is water also coming from electric sockets light bulbs and fire alarms 'Video Footage' my question is our joint tenancy doesn't run out for another 3 months, can she sever her side only and i continue on my own? or is she tied in for the next few months regardless of the messed up situation and her health, im happy to continue on my own as the sole tenant. BTW i didnt not move as i slipped in the property 'Floods' and severely injured my knee and need surjury. thanks, would love some advice as were kinda stuck.
99
Jeremy2012-07-31 23:16:25
Hello Kayliegh
I suggest you sue your school for leaving you only semi literate
I suggest you sue your school for leaving you only semi literate
100
Liam2012-09-02 22:36:19
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
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
101
Tee2012-09-03 09:46:06
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.
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.
102
Jeremy2012-09-04 00:04:25
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.
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.
103
Armin2012-09-04 00:42:35
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.
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.
104
Jeremy2012-09-06 22:11:21
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.
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.
105
SusanT2012-10-15 16:15:26
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.
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.
106
UnHappy Tenant2013-02-05 11:25:14
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?
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 up2013-02-11 12:14:47
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 Williams2013-03-05 07:03:14
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?
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 Landlord2013-03-05 10:58:02
@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.
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.
110
Kinga2013-03-05 22:41:21
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!
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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Jeremy2013-03-10 16:25:39
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.
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.
112
Jeremy2013-03-10 16:51:19
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.
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.
113
Kinga2013-03-10 17:10:27
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.
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.
114
wendy Uher2013-03-21 06:30:12
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 Uher2013-03-21 06:42:16
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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graham2013-05-03 18:42:04
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
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
117
graham2013-05-03 18:42:59
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
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
118
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