Landlord Obligations / Regulations – The Law
19 Feb 2007
As a landlord there are a number of legal obligations you MUST (and should) abide by. These are all necessary obligations; failing to comply with these could result in prosecution.
Gas safety appliances
The Gas Safety Regulations 1998 place a statutory duty on all landlords of residential property to ensure that all gas appliances, pipe work and flues are maintained in a safe condition.
A inspection of all gas appliances that is provided with in the property by the landlord must be inspected annually by a Council for Registered Gas Installers (CORGI). After inspection a warranted certificate will be issued for proof of inspection; both tenant and landlord should keep a copy.
The Furniture and Furnishings Regulation 1993
All furniture a landlord provides must be fire resistant. Furniture must meet the fire resistance requirements in the Furniture and Furnishings (Fire) (Safety) Regulations 1988.
These regulations require that the following furniture supplied by the landlord in let properties meet fire safety standards:
- beds, headboards of beds, mattresses
- sofas, sofa-beds, futons and other convertibles
- nursery furniture
- garden furniture which is suitable for use in a dwelling
- scatter cushions, bean bags, window seats and seat pads; pillows
- padded stools and padded chests
- put-u-up beds and garden loungers/seats
- loose and stretch covers for furniture
Furniture manufactured since March 1989 will comply with these regulations and most will be marked with a label showing compliance.
The regulations do not apply to:
- sleeping bags
- bed-clothes, duvets and pillowcases
- loose covers for mattresses
- curtains and carpets
- furniture and furnishings manufactured before 1 January 1950 as the inflammable materials were not in use prior to 1950
- properties let continuously to the same tenant since prior to December 1996 until there is change of tenancy
Non-compliance with the above regulations is a criminal offence and carries penalties of a £5,000 fine, 6 month’s imprisonment, or both. In the event of a death, charges could extend to manslaughter.
Repairs & Maintenance- Section 11, Landlord and Tenant Act 1985
The landlord is responsible for the structure and exterior of the property; baths, sinks and other sanitary items; heating and hot water installations. However, this only applies if the tenant has a fixed tenancy contract for under 7 years, else these issues become the tenants responsibility. The landlord is not responsible for damages caused by the tenants.
This legislation requires landlords to:
- keep the structure and exterior of the property in good repair, including drains, gutters and external pipes
- keep installations for the supply of water, gas, electricity and sanitation in good repair and proper working order
- keep installations for space heating and water heating in good repair and proper working order
The Electrical Equipment (Safety) Regulations 1994
Every electrical appliance supplied by the landlord must be safe to use; the electrical installation in the house must be completely safe.
Unlike the Gas Safety Regulations, there is no mandatory requirement for the equipment to undergo any safety testing, but that should be an incentive to be careless.
Although there is no requirement for equipment to be checked, it’s recommended for every landlord to check all electrical appliances and electrics before the start of a tenancy and regularly thereafter.
The following guidelines apply to all electrical appliances supplied for the tenancy:
- live parts should not be accessible
- leads should not be worn or frayed and be complete with no joins
- trailing leads and the use of multiple plug adaptors should be avoided
- correct plugs (marked ‘B SECTION 136’) should be fitted and correctly fused
- plug sockets should be firmly fastened to the wall or skirting
- any moving parts should be guarded
- electric blankets should be serviced according to the manufacturer’s instructions
- microwave doors should be clean, free from corrosion and effective
- washing machines, cookers, etc, should be serviced and in good working order
- electrical heaters and central heating appliances should be serviced annually
- fireguards should meet BS3248
- any fire extinguishers should be marked ‘BS6575 1985’.
Plugs and Sockets (Safety) Regulations 1994
This regulation requires that any plug, socket or adapter supplied for intended domestic use complies with the appropriate current standard, and specifically that:
- the live and neutral pins on plugs are part insulated so as to prevent shocks when removing plugs from sockets and all plugs are pre-wired.
Obtaining consent to let a property
Before letting a property, landlords must obtain permission and/or inform the following:
- mortgage lender
- In respect of leasehold properties, the head landlord
- Any housing association or other body which has regulations applying to the property, e.g shared ownership
- Any adult who has been living in the property with the landlord as husband, wife or partner who may have occupancy rights.
- The landlord’s insurance company who must confirm that cover will be maintained if the property is let.
Tenancy Deposit Protection
The landlord must sign up to a Tenancy Deposit Protection (TDP) scheme in order to provide their tenant with protection. Over the years a lot of tenants have complained that they have unfairly lost their initial deposit; consequently the government introduced this legislation to help apply some moderation to the disputes. For more in-depth details about this ‘landlord obligation’, please go to my Tenancy Deposit Protection Easy Guide article.
Taxation of Income from Land (Non-Residents) Regulations 1995
Any landlord who is considered non-resident for taxation purposes is liable to pay tax on their rental income from letting property.
The details can be complicated depending on your circumstances, so it’s best to check with the Inland Revenue how much tax you’re liable to pay, or if you’re permitted to be exempted from tax.
Energy Performance Certificate (EPC)
Landlords must provide an Energy Performance Certificate to all new and prospective tenants.
The certificate will give each building a SAP (Standard Assessment Procedure – out of 100 possible) rating, and this will equate to an energy rating from A to G, similar to those seen on white goods. For those who don’t speak geek, in English it means, it will show the energy efficiency levels of a property.
More information on Energy Performance Certificate
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Talk / 112 Comments left so far
We would like to know where we stand leagally about witholding rent, as we have been without heating or hot water since 27th of november, and the letting agency keep coming up with excuses (a different one each time for the same problem :S) as to why it has not been seen to.
The gas company came out last wednesday, but were unable to fix the boiler as a new one is needed, but the lanlord does not want a new boiler but wants the pipes flushing...
it is getting beyond a joke now, and weould appriciate any advice!!
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@Ann-MArie: ordinarrily you are not allowed to retain rent. HOWEVER - due to the very bad weather conditions at the moment there are possibly things you can do.
There are laws relating to the minimum a landlord must supply and hot water is one of them. Speak to your councils housing office tomorrow. Personally i would withold the rent and then when the landlord threatens to evict you for non payment of rent send a letter to the court stating why. Again given the current weather conditions the judge is likely to throw the book at the landlord.
Call the letting agent and state that unless they get authorisation from the landlord for a new boiler immediately you will organise one yourself and them sue them for failing to do their job and the landlord for the cost of installation and the boiler + any expenses. If you get really cold you could say that you are moving into a hotel till something is done and that you will be sending the bill to them and will sue them if necessary for the cost. Do not take no for an answer. Better still - go down there and speak to them in person and do not leave until you get a result. Speak also to your local citizens advise office.
Hope this helps
Jools
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One more thing, as far as courts mentioned - you need evidence you did communicate your problems to agents and landlords. Write to them and send letters registered to have their signatures they received your letters. In the letters give them deadline to respond, say 5 working days, after which you do whatever you decided to do.
To Darren, read post #38
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Just have spoken to health and safety officer from our council - he said it's illegal to rent out dwellings without any heating, it is in minimal requirements. Landlord has provide you with some sort of heating.
Contact your council for an assessment.
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Could you please tell me where I stand on Inspections. I have lived in my privately rented house for about nine years. I have just had to complete a third Inventory inspection with the Landlord (he types it up new every time, several pages long). I completed one on entry as is usual, but every so often he requests we go through it all again. This has in the past taken 5-6 hours to complete as he goes through every knife and fork. I have no objections to a walk round inspection but this seems too much. The inspection I did the other day took three hours and he still has to come back to do the upstairs as I didnt have time to finish (is this considered a resonable inspection time?). There are crockery items he has asked I replace NOW and a few other things. I was under the impression that as long as they were repaired or replaced when I left the property, I had fulfilled my part. Am I obligated to repair and hand back items now? I gave him some kitchen bits back to take away. Also (I apologise if I ramble on) when he turned up the other day, after being here about ten mins, he told me he was expecting a friend to turn up to have a look round to see what needed doing. At the time I found this very uncomfortable, and after speaking to someone later that day I was told he had no right to do that with out my previous consent? Is this correct?
Apologies for going on and on, but this has really been getting me down (with many other related problems).
Your assistance in this matter would be gratefuly appreciated.
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Mwalk round inspections possibly ok every 6 months but only with you say so. If you say no he can't come in.
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Thanks again and Happy New Year to you.
Scruffygirl.
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The whole point of the inventory to to make sure all the stuff there at the start is there at the finish. If you break anything then it has to be replaced. You say you have lived there for nine years? How often is he actually doing the inspections? Is it three yearly (nine years divided by three?).
re-reading your question - if it is every three years i dont think that is too bad given that he needs to make sure that all is well. i think that asking you to replace the crockery now is a bit of a cheek - i would be inclined to replace the broken pieces and then give it to him back - let him store it. They are not too expensive to buy from tesco etc now anyway!
He should really have informed you that the 'friend' was coming around previously but as he gave you the notice that he required entry it would be difficult to contest. Have a chat with him and mention how you feel - it is your house after all till your agreement runs out!
let us know how you get on!
Jools
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Can anyone tell me if it is the responsibility of the landlord to service the boiler (oil) every year?
I believe this is the case, but it states in the contract that I am responsible for this. I queried this at the time of signing the contract and said I was not happy as I thought that by law he was responsible. He said to cross it out on the contract and that he would take responsiblity. I did not want to push the issue at the time because we were desperate to rent the house as I was due to give birth within days and several people had shown interest in renting the house.
Louise
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it is 17-18 Celsius for bedroom and 20-22 living room.
Bare in mind that you may antagonise your landlady if you bring some sort of authority in.
You can call your council, Health and Safety, if it is very cold.
How do you pay pay for your electric? If it is included in your rent, get a small portable heater and use when in and hide when out.
Sometimes people that let rooms in their flats register them as separate dwellings, make sure if you have any TV capable equipment to pay your own license.
Best.
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I rent a room in a flatshare with the landlady, the flat is located on the top floor. My room is opposite to her's with a landing in the middle.
I have two problems which I would greatly appriciate some advice on! I signed a short term tenancy agreement with her back in September for the duration of 2 months, I reminded her that it needed to be renewed which she failed to do and has never come back to me with a new one - where do I stand in regards to giving her notice and getting my deposit back?
The second problem is the flat below us. Recently the girl down stairs has opted to change her wake-up method in the morning's, before she had an alarm which I would sometimes occasionally hear, but now she has opted to having the radio wake her up at 5am which the continuance of "snoozes" in between. I dont really know the girl downstairs, but the landlady does. I asked her to have a word with her in relation to the noise as it keeps disturbing me and waking me up at 5am!!!
To my shock and amazement the landlady said I should speak to her myself, as she does not know how to address the matter (my landlady definately has a mouth on her!) to which I replied I did not feel I should have to as she is friends with the girl downstairs and could just ask her to turn down the radio as she is the owner of the property not me. My landlady then became quite aggressive and we nearly had an arguement to which I walked away.
Can you advise me if it is the landlord/lady's responsibilty or mine to address the neighbour? Is there any written legislation that landlords/lady's have to follow in relation to there responsibilites?
Sorry to have gone on, but as you can appriciate I have been up since 5am!
Angela
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Myself,my husband and our 4 children live in a privately rented 4bed flat and we have been here 2 & half years.
Last thursday jan 14th our boiler just packed up,its very old and was just a matter of time really. We rang the guy that would usually deal with it (ill call him P)but as he was on holiday our landlord quickly arranged another guy to come and look at it (J) which was great. Now for the problems....
To cut it a lil shorter...i was very shaken up when J informed us that the boiler had been leaking carbon monoxide for god knows how long and that the draughty windows had probably been our saviour.His exact words were 'youre lucky you aren't all dead' he was actually quite angry that P hadnt spotted it at the last so called service early last year. J rang our landlord and explained that the roughly 25year old boiler would have to be condemned and that he would be happy to fit a new 1. (it was that bad he even sent photos to him via mobile phone)Landlord agreed...but then yesterday
he told us that he has applied for a 'scrappage' grant and that we have to wait what he says is days...is that right? is it legal for us to have no heating at all? (my youngest son is registered disabled) i dont believe that it will only be a matter of days.We are using the immersion heater for hot water which is costing us a small fortune...so the heating is the issue as its so very cold.
Id just like to know where i stand as my hubby keeps telling me i cant kick up a fuss.
Thank you in advance.
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After a visit to my attic yesterday, I noticed some rather unplesant droppings. Could someone possibly tell me who is responsible for pest control payments? Is it up to me or my landlord to pay for any required treatments.
Thank you
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I have yet another query to run past you.
When I took on my property (private rent) the Landlord required a Guarantor, which very kindly my dad agreed to.
Unfortunatly at the end of last year I unexpectedly lost my dad due to a very brief illness.
My mother (trying to make sure everthing was together and sorted) enquired where she stood on this and was told that she could be held responcible for anything as excecutor of his estate.
I read somewhere that that meant responcible only for any outstanding/unpaid rent. Is this correct or could she be asked to pay for any damages/replacements or repairs?
She asked to be released from this and also offered to double the original deposit but he refused.
Could someone tell me where we stand on this?
Thank you once again.
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I currently have 2 tenants on an AST, which expires 28th Feb (the end of the 6 month period). In 2 weeks I am moving over to the USA and I am handing management of the property over to a letting agent as I won't be here to deal with any issues etc.
When this happens, the agent will put in place a new agreement with new terms, but I am not asking the tenants to move out (ie not a posession order). How do I do this? A Notice Requiring Posession seems too much because I'm not asking for the property back, but I want to make sure the new agreement can be put into place when I leave and the old agreement is ended properly
Appreciate any help
Thanks
Clare
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I just have a small question...
I live in a rented Housing Association flat.
Have lived here for about 7 years.
I have one double plug socket in each of the two bedrooms, and the living room.
Although this was bearable 7 years ago, in this day and age a double socket per room is just not enough!!
My boyfriend started plugging extension leads into extension leads - agggh!!! I stopped that... I do NOT want to start a fire thankyou very much!!
Anyway, I was just wondering, am I able to ask the HA to fit more sockets, or is this completely down to me? With it being to do with the wiring..
I understand if it is my responsibility, I just don't want to go ahead with it and then find out I could have asked them!!
Plus, I'm asking here first as I don't want to look daft on the phone to them..!!
Many thanks
Gemma
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We live in a private rental property and had a rat infestation which was reported to the local council and poison laid down. I, the tennant, am self-employed and when the landlord made it clear that he wouldnt wait around for the council pest control visit I took the day off work to deal with it (at financial cost). Then proceeded a period of 6 weeks of STENCH because of dead rat somewhere in the walls of the kitchen. Now that the smell is gone we have an infestation of flies (more than 100 day). I have written to the landlord to tell him and he says that you cant do anything and use some fly spray. We did so but my husband is asthmatic and that triggered off an attack.....we normally use all non-toxic cleaning products etc so not really the ideal solution. However, its becoming a nightmare so, asthma or not we were keen to try to get rid of the bugs.
I have read previous posts about disrepair and it being anything that effects the tenants enjoyment of the property...and this comes under it but my question is that are we entitled to any compensation or should we ask for a reduction in rent for this sort of thing? It really is disgusting especially being in the kitchen!
Thanks
Jo
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We have rented a small cottage for the last 37 years which is partly bordered by a thorn hedge adjacent to the public highway - which we ourselves pay to have cut twice a year ! I`m not absolutely sure whether this is our responsibility or not ? Better late than never.
The remainder of the property is fenced - but again we paid for and erected the boarded fence ourselves (at no cost to the Landlord) - We even re-lt the parden gateway ourselves !
I am wondering if we have been too naive about these issues ?
Max
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I have informed my landlord several times about this and hes sent out a ( very creepy) guy which is obviously his mate who wont tell me if hes a plumber or a handy man or anything. Anyways he says he cant find anything wrong with it.... takes it apart puts it together again turns in on and off etc and says it works. We recently had a gas saftey check which picked up that the cooker was unsafe ( could fall on one of my Very young children and the gas pipe at the back was unsafe) and that he picked this up on the same check last year and should of been sorted! again creepy guy came over, screwed it into the work surface "so it wouldn't fall out". Gas safety man came and showed that he had just pushed it back against the already unsafe gas pipe! Still not fixed, Just bodged back up again.
Then the switch for my washing machine blew and nearly caught fire as IT DID NOT HAVE A TRIP we have lived here for over a year with absolutely NO protection against power surges, overload etc etc! So i called my own electrician (after calling the landlord who said he would send creepy man again) who said in 35 years he had never seen such appalling electrics the plugs were crossed wired with boiler / fire alarms all on the same as upstairs if he could of condemned it he would of. - my house is 5 years old!
Anyway i don't really understand much about my rights etc and the landlord says i should pay for the electrician that i got even tho the creepy guy said it was all safe when it wasn't! I've said hes not getting any rent until he get this whole house electrics gas etc sorted out and safe as i have two very young children. Who has the rights?
Thanks all x
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We have informed our letting agent who said the landlord had a duty to inform them of any previous disturbances at the house and he didnt, however he admitted to us a month ago this is why him and his family moved out of the house and the ploice have all the disturbances on record.
So was it a legal obligation for him to disclose the information or just something he was supposed to do out of honesty?? We want to get out of our contract early and not loose our deposit but its looking ever likely that wont happen.
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Commenting on another matter - My last tenant for two years was DSS, and was exceptionally clean, tidy and always paid the rent, so not all on HB are the same.
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I've been living at the property with my young child since December 2008. I had a tenancy agreement for a 6 month period which ended June of 2009. I contacted my landlord to request another one and he said it wasn't needed. I am worried as i have a lot of problems in the house and if i report him he could force me to move which i can't afford as this came carpeted with kitchen appliances. I have contacted my landlord via phone and email. Recently i contacted him last Wednesday about the toilet and the leaks. He said he will give 'his guy' my details and arrange for him to come out and fix it as he himself was off on holiday (lucky for some ay) Needless to say his guy didn't contact me, He himself was unreachable for a whole week.
I have had endless troubles in this property.
Here is a list of the problems i have with my property:
Cooker has a lid that doesn't work keeps falling down and cutting gas off.
Boiler pressure dodgy boiler leaks if turned off.
No hot water (only lukewarm) upstairs for the last 18 months.
Toilet leaking bathroom carpet is soaking wet and mouldy as is carpet in kitchen where it has leaked through the celing tiles which are polystyrene!!! (spelling?)
Kitchen extention bottom half brick top half plastic panelling (outside) with 1 sheet of glass in the middle and a corkboard that is my kitchen wall!! fell through in the bad weather leaving me with a 6ft hole. I managed to patch up with wood and nails but it's very drafty.
Sink not fitted properly has holes where it should connect to the wall.
Pond in garden with no safety feature tho i have drained this myself.
All windows drafty some with mould. Wooden window sills have cracks in. (I am over £1000 in debt with my gas as i have to have the heating on almost 24/7 to keep it warm for my child as it is that cold and recently the heating had to be switched off due to a gas leak one week without heat and it was snowing outside i finally had to call someone myself to sort it. Four gas leaks and it's the original pipe work which is at least 70 years old)
Cupboard doors top and bottom fall off regulary.
Serving hatch heavy wooden door fell off (and hit my child may i add leaving her face with a small scar under her eye) Curtain rails, blinds, shelves have fallen.
Built in wardobe doors fall off and wall at back is mouldy.
Wallpaper peeling
front door has no glass panel in as the kicthen wall falling though caused it to slam and shatter.
Stairs have no rail as the wall inside has crumbled and the rail won't stay up. Also have no banisters just a drop.
I've been ever so patient about this but i'm at the end of my tether.
Plus the kitchen carpet has iron burns and holes covered with rugs plus the mould from stagnent water. The living room carpet is cream and uncleanable i've used a vax, power foam, scrubbing brush the marks don't go and as you know young children and cream carpets a bad mix.
Have i got any legal rights to all these problems or will i have to sort it myself. I can't afford new carpets or blinds etc i'm on benefits (health reasons which were affected by me on my hands and knees with a scrubbing brush trying to clean these blasted carpets) Plus the shelving that fell down broke my tv. Can i claim?
Thank you
Leanne B
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Illegal is probably the wrong word. The house would not pass a periodic inspection as prescribed by the NICEEC (one of the bodies that oversees electrical installations). The boiler will not receive a safety certificate until the cross bonding of the earth is completed.
However if there are any plastic fitting connecting the central heating system the earth will not be complete. You really do need to ask the Landlord to upgrade the earth without delay as it is a safety issue. Many old properties do not meet the earthing requirements for today. The gas board may be being over cautious and whilst not an immediate issue to your child it should be completed asap. As I have stated it will have to be completed for the Gas Safe certificate.
Hope this helps.
Jools
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just a thought, report your partner for fraud to police. If she took ££ from you for rent, that is. Do not get bullied by tax return, that means she lied and signed it.
Good luck.
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Having been homeless for a few months, I have finally managed to sort out a place to live.
The problem is, the house I have found to rent is in need of a hell of a lot of work to make it livable. Whoever the previous tenants were, they left the house in a disgusting state and not once had it been cleaned. There is vomit in the sink, excrement on the walls and dog poo trodden into what is left of the ripped and filthy carpets and that is just the beginning! The other thing about this property, is the walls in every room are covered in damp patches. The landlord is trying to say that these patches have been caused by condensation by having the windows shut, which is a complete load of bulls**t, as I am more than aware of what damp is in a house! On top of the cleaning and decorating, the house is full of trash, which will require a skip to dispose of everything, which he seemed very uninterested in when I mentioned it.
On discussion about the property and its current condition with the landlord, it turns out that he is wanting me to clean and decorate the house, but is unwilling to give me anything in return for doing it.
I know he is taking full advantage of my situation and he knows he has the upper hand on me, as I desperately need a place to live. He said he obviously couldn't pay me to do the cleaning and decorating work, as because I am unemployed it would affect my entitlement to benefits, which I have only just recently started to claim.
As this house is my only real option for getting off the street, I am going to have to take it, as I am in no position just yet to get any better.
I know that I am a DSS tenant and I am going to be claiming housing benefit, but the fact is, this man is going to be getting a £400 bond and £400 a month in rent for what can only be classed as a slum residence.
If I was any other tenant, then surely he would not be acting this way with me and he would clean and decorate the house in order to rent it out. I am really not sure who I could complain to about this situation, as I feel that because I was homeless, this man is taking full advantage of me, but I also don't want to complain and find myself back out on the street.
Has anyone got any advice they could give me?
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1. Call health and safety officers at your local council - if it is as bad as you say, they will deal with your landlord
2. If your landlord pays you for repairs and you work less than 16 hours it will not jeopardise you benefits, you will need to declare how much you get every week and the amount will be deducted from your JSA, that's all.
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Me and two friends have just moved in to a flat through a letting agency. We've just discovered that one of the mattresses has a blood stain on it in an obvious place and full of holes. Do we have a right to have it changed?
Thanks for any help.
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Go back and give them a bollocking!
Jools
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First off, it took a month to get the washer I was promised upon move in and after a lot of effort, finally gave in. It's been delivered and works.
What I was hoping to get feedback on was a slightly embarrassing situation. About a month ago, I came home at about 1130 at night to find my shower completely on, full blast despite both of the nobs being turned off.
Not being familiar with the stop cocks, etc. I phoned and emailed all the contact information my landlord gave me. I remembered them saying their emergency number was on the office voicemail but when I called, it was not on the recording. I tried again for another hour (it was getting to about 1am now) in vain to try to get hold of someone or to have them call me back. No dice.
Not knowing how to turn off the main water or having luck w/ the landlord, I called Thames Water and they tried to help me find the emergency shut off w/o luck.
I know what you're thinking. I should have known where it is. But I just moved to this country, was new to the flat and just didn't know where to look.
I finally submitted and called an emergency plumber who came out and shut off the hot water but didn't fix the problem. What's more, he scammed me for a lot of money.
In the end, I'd asked my landlord to reimburse me and they refuse. They said they'd reimburse part of the money. Ok. What's more, it's going on a month and they still haven't fixed my shower.
Do i have any rights? Are they in breech? My landloard isn't nice to begin with so this entire thing has been emotionally draining. That and for the amount of money I pay in rent, I'd think I'd deserve a little more civilized attention.
Thoughts?
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Just looking for a bit of advice really.
We moved in to our house at the end of April & the house does not have central heating but does have a gas stove in the living room & a gas heater at the bottom of the stairs.
Both kick out some heat as we found for the first couple of weeks whilst it was still cold however after the first time the gas stove was used I ended up with a horrible headache - this continued for the next 3-4 times we used it so we stopped using & notified the agents that we are renting through.
They informed the landlord who sent a CORGI registered engineer to test the appliance who ended up switching off the gas supply to the stove & said it was unsafe to use. He recommended that the flue liner be replaced together with the seal inside the stove & also the door.
The flue liner was replaced 2 weeks ago & the gas engineer came back today to finish the job off. However after doing a full days work he has now condemned the fire & said its still unsafe to use.
As this is 50% of the house heating we are now going to struggle & I wanted to know where we stood.
The landlord is going to be informed today/tomorrow via the agents & we are awaiting an outcome but this was one of the first things to go wrong with the house since we started renting only 2 and a half months ago.
I have checked a few websites for rules/regulations on gas safety & appliances etc & our landlord is up on the safety side but not the actual provision of heating or so I think. Is the gas stove considered a form of fully controllable central heating??? I wouldn't have said so as it only heats one room not the whole house.
The gas engineer informed me today that our landlord was a bit reluctant to do the flue lining & only gave the go ahead to do it when the gas engineer said it was the best way forward & basically pushed them to do it.
Basically I just wanted some opinions on this situation & some other view points before I speak to the agents.
Many thanks
Sarah
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I moved in to my current flat just over three months ago, paying a hefty 6 week deposit and months rent in advance, the property was unfurnished apart from white goods, when I rented the 2 bed property I was told by the agency that I would have sole use of the garden despite the presence of a staircase leading to the upstairs flat (an emergency fire exit), the landlady refused to repaint the flat or change the carpet which is old and somewhat stained with burn marks. I was so keen to move into the property after separating from my daughter's father that I didn't insist and instead painted the flat myself.
The agency said they would not be managing the property and I was given the landlords mobile number, in case I needed to contact her for anything.
In the first month of tenancy I did not hear from her at all, at that point I had not even met her, I tried to contact her to let her know I was having some trouble with my boiler but her phone was always either switched off or ringing as if she were abroad.
The day before my rent was due she called me, she was quite rude and implied that I was avoiding her which I wasn't. I informed her that I was still waiting to hear from the council about my housing benefit; luckily it turned out that they had already deposited the money in to my account, so I emailed her to let her know and to request her bank details. When she later called me she couldn't make her mind up how she would rather me pay her (in cash or into her account) she gave me her details but asked me not to deposit the money as she would call me back that evening to tell me if she would be coming to the flat to collect the rent in person. When almost a week later (Friday), I still hadn't heard from her, I simply transferred the money into her account. Around 8:30pm on the following Monday there was an aggressive consistent knocking on my inner door, it was so loud it woke my daughter!
When I opened the door I realised it was my landlady she wanted me to pay her, I told her I had already paid and that the money was due to be clearing into her account that very day.
She then started complaining about the front garden and the entry way saying it was very untidy, I told her the agent had told me the front garden was the responsibility of the upstairs flat and that it would require me purchasing machinery (which I simply can't afford) for me to maintain, if she wanted me to do the work she should provide me with this at the very least.
Soon after moving into the flat I started to experience strong headaches almost daily and nausea. I discovered an intense smell of gas in a cupboard under the stairs, directly opposite my daughters bedroom. I emailed her and once again told her about my boiler troubles (I had to have the heating on full blast to maintain my hot water in the middle of summer, not very pleasant) I also let her know about the smell of gas. When I didn't hear from her by late that afternoon I decided to call national grid, who came to my home and confirmed a gas leak, they cut off my gas and my neighbours too, their pipework also runs through my property so both pipes were leaking. As I still hadn't been given a Gas safety cert I asked my my neighbour if he had one, he said he had been living at the flat for nearly a year and had never been given anything.
National grid left my flat after midnight.
The next morning she called me very irate and demanding to know what right I had to contact anyone without her 'authority' I was astonished by her attitude. I was without gas for a few days, when they fixed the problem they had to replace all the pipework and they told me that the pipework that was there was no longer legal which leads me to believe that she couldn't possibly have a gas safety cert, even though when I asked her for it she assured me she had one but I am yet to be shown it.
The day before they fixed the pipe work, she called me, she started by telling me the plumber would be round the following morning and then said she had a confession to make, she said she had not secured my deposit and as it was now over two months since I had given it to her she had missed the 14 day deadline, she mentioned that the contract I had been given was full of mistakes and that she wanted me to sign a new amended contract with a much more recent date so she could secure my deposit of just over £1,500, I told her she'd called at a bad time and could we discuss it later, she said she was simply letting me know and that there was nothing to discuss.
The large garden that is part of my flat was almost wild with over growth when I moved in, so I trimmed the grass and the bushes to allow my 16 month old daughter to have full use of it, it's not perfect but a big improvement and I use it regularly.
She has told me it's not neat enough and keeps demanding I do more work on it, I'm happy with the state of the garden and although it would benefit from a little more work, don't feel it has hindered my enjoyment in any way. So to say that I found her demand strange would be an understatement.
In the last week my neighbours upstairs have been moving out and today I had a call from the agent, she said the landlady wanted to cordon off some of my garden in case of an emergency my new neighbours will have access to the front of the property, as there is no access from my garden to the front of the property I felt this was more of an underhanded attempt by her at splitting the fairly large garden in to 2 small gardens to help her rent the flat above mine.
Needless to say I questioned this plan and said quite simply that unless she could show me some kind of reasonable plan of how she intended to do this I refused.
To which the agent then asked me if I have anyone else living with me in my flat ie: a boyfriend. She is referring to my daughters father who has been staying on and off in my flat since my headaches began, helping me look after my daughter and has even had to take time of work to be here. The laughable thing is that they've heard from my neighbour that he is here and now assume they have something over me, which of course they don't because he doesn't live with me and has his own flat. The agent (if you can call her that) had the courage to turn around to me and say that for the sake of peace I should agree to her dividing the garden and that she would 'turn a blind eye' to my ex being around.
I told her that it's obvious that she is trying to blackmail me and as I have nothing to hide she is more than welcome to go down that road with me.
I think I've been very patient with this woman until now, even though she has basically made my life here impossible, but I've had enough! She's cheap and intrusive and has no concern for me or my daughters safety, not to mention she is obviously willing to brake the law to get an extra penny. I have contacted a solicitor and have an appointment for Tuesday. I am almost completely certain that what she is doing is illegal but just wanted to get a second opinion, to make sure I'm not wasting my time! Can anyone help????
Oh and I forgot to mention that the "agents" are a man and woman who opened an agency and run it from their living room advertising their properties on gumtree. They were deceptive from the onset with me and have not included any of the things they promised me into my tenancy agreement. starting with the fact that they had told me I would have a 12 month ASH with a six month break clause but have not included any such clause in to the contract.
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I replied saying that I cannot tomorrow and I do not want her entering my property when I am not around (unless it is an emergency ie; flood or fire and she has been unable to contact me) fortunately I have changed the locks on the front door but I am unsure if she has the key to my back door, should I catch her inside my property what should I do, can I call the police if she refuses to leave?
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I initially started this website because I wanted to document my every step from property idiot to property landlord,
in hope that people would find my site and help me along the way. I literally didn't have a clue about being a landlord
when I started this website.