Landlord who does not repair property...help

[Neil Tenant]

I have researched this and am aware of section 11.

The story

Moved into a property 7 months ago.
Property was advertised as being one adress when it was another.
Property was dirty and in poor decorative order
Estate agen told landlord to clean the property, he got a firm in the day beofre we were moving at the cost of 240 pounds they could only clean the basics really, carpets and wall dirty and marked.
There were also faults which I took pictures of

A total of 13 faults the most important ones were;

gas cooker with only one hob out of 4 working
Light switch hanging off the wall with wires exposed
Garge door broken so unable to secure possessions
Bedroom door missing so unable to use one of the bedrooms
No functional TV antenna


There were other minor faults.

The landlord carried ut no inventory or check and in fact did not hand the property over.

Wrote to the landlord and estate agent 14 days after taking over /reminding them of the faults. Informed them about the misrepresentation, asked for the faults to be repaired within 10 days or I would consider moving. I also indicated that I might use the rent to effect repairs...but on checking section 11 decided not to. this letter was acknowledged after 8 moths by the way never at the time, every month when the rent was due the landlord would phone and I would ask him to fix things and nothing would happen.

After 4 months we had the TV ariel fixed- we decided to move at this point and started looking for our own house.

After 5 months he again phoned just as the rent was due and this time sent a handy man around to get a quote.

After 6 months he sent another handy man around for a quote

after 7 months he told us that he was sending a handyman around for a quote and I took a days leave to wait...he never showed.

As you would think I had had enough.

We decided where to move and called him to give him one months notice we he verbally accepted, I also wrote to him but have recieved no acknowledgement again. We also took advice and decided to withhold the last monhts rent as we believe that his not solvent having found out by accident that his mortgage company is not aware that we are tenants and have been writing to us to help trace him, any letters sent to him are returned to the mortgage company( a sub prime one)

We have also discovered that a third party is registered as living at our adress according to HMRC and we have had debt collectors looking for him

One week before we were due to leave he phoned and having argued the toss with me told me that he wanted to visit the property. Ok

The following day He walked into the estate agents office and said that I was racist to him over the phone, in front of all the staff and customers,

He has also fired a barrage of solicitros letters to me which look like he's written them at home by the way as the company is a family law firm! refuting my notice and trying to get three moths rent ans to keep my deposit on top of that, this is non negotiable apparently leaving me with no alternative to sue him ideally for breach of contract....anyone got any advice.

Remember that I have given him 8 months to fix these problems. effectively warned him in good time

Is 8 months reasonable time?

I would like to go for

Misrepresetation

Breach of contract. Sec 11

Defamation

[MrShed]

Leave, withhold rent, let him chase you for it...

[Neil Tenant]

Already doing that, he is threatening to sue me for breach of contract if I leave! and is not accepting my notice!

I want to sue him before he sues me as he will then back of or I want the shirt off his back

[MrShed]

He has no option but to accept your notice. I would call his bluff - doubt he would sue. You have some fairly strong arguments, but nothing set in stone, and I wouldnt want to risk them in court unless you had to. If he does sue you can always countersue.

[Ed999]

As to damage, read this thread: http://www.consumeractiongroup.co.uk...eductions.html

It explains what the legal position is regarding damage to the property, and what the landlord must prove before he can hold the tenant liable for the cost of repairing damage.


The tenancy continues during the fixed term. The tenant cannot end it early during the fixed term, unless the agreement expressly allows early termination by the tenant, or the landlord agrees to its early termination. It continues automatically when the fixed term is up: it becomes a periodic tenancy.

Any tenant can give notice to terminate the tenancy once the fixed term has ended, but not before. One clear calendar month's notice to terminate must be given if you are paying rent monthly, or the landlord must agree to the termination of the tenancy (you need written evidence of his agreement). You remain liable for the rent until you have validly terminated the tenancy.

For further details, read this thread: http://www.consumeractiongroup.co.uk...d-tenancy.html

[MrShed]

How long a fixed term did you sign up for OP? And can you clarify what you mean by "Section 11" ?

[Neil Tenant]

12 months

regardless of the length ofn tenancy the issue surely is breach of contract making the contract itself nul and void much in the same way that he could evict me if I was not keeping to the contract

[MrShed]

Not entirely true I'm afraid - it has to be a sufficient breach to warrant breaking the contract. I'm not sure if any of these items do, as you could have withheld the rent to pay for the damages(right of offset).

[MrShed]

Also interested in this section 11 thing still....and curious as to the "defamation" claim?

[Neil Tenant]

Sec 11 of the housing and tenants act wrt disrepair

The defamation is due to me being a public figure in a small way and being called racist when I not in front of prominent members of the local business community is not good.

[Ed999]

Originally Posted by Neil Tenant

12 months

regardless of the length ofn tenancy the issue surely is breach of contract making the contract itself nul and void much in the same way that he could evict me if I was not keeping to the contract

If there is a breach of contract, something which you will have to prove in court, its effect will NOT be to invalidate the letting contract.

A letting contract cannot be invalidated by mere disrepair. The consequence of disrepair is financial compensation ("compo"): so you might sue for damages (money), or make a deduction from the rent.


Mr Shed, I think the o/p is hoping to rely on section 11 of the Landlord and Tenant Act 1985 (remedies for disrepair under a residential tenancy).

Under section 11 of the Landlord and Tenant Act 1985, which applies to Assured Shorthold Tenancies and Assured Tenancies, the following repairs are the landlord’s responsibility :

• To keep in repair the structure and exterior of the dwelling, including drains, gutters and external pipes;

• To keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and sanitation (including basins, sinks, baths, and sanitary conveniences); and

• To keep in repair and proper working order the installations in the dwelling for space heating and heating water.

Whether or not the tenancy agreement addresses those matters, section 11 of the Landlord and Tenant Act 1985 imposes those obligations on the landlord. If the tenancy agreement requires the tenant to undertake any of those obligations, that provision of the agreement is void.

Tenancy agreements usually state that the tenant should maintain the property in "a tenant-like manner", which means only that the tenant should not cause damage to the property.

If the tenancy agreement does not restrict the tenant's right to carry out internal improvements, the tenant can redecorate without the landlord's permission.

[Neil Tenant]

surely under English contract law a contract can be set aside if there is a prolonged and serious loss of confidence in one of the parties. I would argue that a lack of response for 8 months would be a clear breach of the housing and tenancy act sec 11 and for compo I will have me deposit plus 2 months rent..........
I would also further argue that all his messing around has had the effect of ruining my enjoyment of the lease as enshrined by law.

The argument of setting aside against rent is fine in cloud cuckoo land but against a landlord who does not appear to be very solvent , in fact he has admitted to me that he does not have my deposit to repay me.

Strangly he is asking for the keys to the property after saying that if I give them to him I am in breach of contract.

What should I do?

I am minded to give him possession after acknowledgement of the fact of his possession in writing, as this should weaken his argument considerably shoukld it come to litigation, I am seeing my lawyer tommorow and will let you know what she thinks.................