NTQ - Landlord cutting corners

[timcoombs]

I moved into a flat on 2 March 2007, the flat was offered by a letting agent. I did not have any tgood references but had savings so i paid 6 months up front and one months deposit to the agent and obtained a receipt. This opened the door to a tenancy without references. The landlord dismissed the agent after the agreement was signed to avoid commission on rent up front. After 6 months the landlord was besidehimself trying to get me to sign another 6 months agreement which then became a rolling agreement. I need to give one moths notice and he needs to give two months.
Rent was paid at a maximus 3 days early or two days late untill March when financial difficulties ensued. I have since applied for benefits. There are 6 flats on 3 floors and i am on the first floor so at the middle level, at the turn of the year we had leaks and advised that repairs would be done soon. I pay above the odds because it is a seafront location with full estuary views. In March scaffolding was erected totally blocking the view, the scaffolding compnay is run by the owner of one of the flats and the scaffolder did the repair work in his spare time. The scaffolding was removed after 50 days. I complained to my landlord when he returned from his 6 week break to his holiday home on the continent and he derided my complaint, he then advised me that he would not accept benefit claimants. Rent die on 2 May was not paid and he asked me at the end of May to leave at the end of the week and he would set the deposit against the rent, i contacted the council who said his letter was not a NTQ, They contacted him and he then issued another one which was also deemed not to be a valid NTQ. The first asked me to leave on 2 July, the second on 2 August and then he employed a company called Landlord Action who will apply on 10 July for a repossession order yet have asked me to leave on 2 Sep. The council visited my flat and found some problems. There should be three doors between the hall/lounge, hall/kitchen & kitchen/lounge, one is missing the other two have full length panes of glass considered to be unsafe, the electic wiring is old and there is no cross bonding in the kitchen and bathroom, there is no eveidence of earthing and the fuses are not clearly labelled, i dont know what all this means other than the council have stated they will not allow the landlord to relet until they are satisfied the work has been completed to there satisfaction, no one has been to do a gas or electric annual check so theremay not be certificates if required.
I have made a claim in writing for compensation for the scaffolding blocking my view and advised the landlord of the councils inspection.
Where do I stand, was the property let lawfully and is the landlord in breach of the tenancy agreement in respect of safety issues, is the agent in any way liable, who holds my deposit and can i claim compensation. In respect of the rent it has not been paid on 2 may, 2 june & 2 july and benefit claim will be finalised shortly.

[MrShed]

Not sure if others will agree, but I cannot make head nor tail of what you have posted.

Can you repost more concisely, and perhaps in bullets?

[timcoombs]

The council state that glass panels in the internal doors are unsafe and wiring is old in the meter and fuse box area and to the kitchen and bathroom and not up to standard and that until work is done they will not allow the landlord to relet, the landlord is going to be ordered to make good these issues while I am still in occupation.

Was or is the letting agent or the landlord culpable at the point of letting and was or am I in any danger if the property is not up to the standard required on health and safety grounds.

The property was rented with a panoramic sea view the width of the living room and this is reflected in the rent, can I be compensated if the view is totally blocked by scaffolding for 50 days because repairs to the roof are undertaken by a scaffolder who has a financial interest in one of the properties in the block and he does the repair in his spare time to save on costs when his only real qualification is as a scaffolder and not a roofer.

Rent is only in arrears while a benefit claim is processed and once benefit is recieved rent arrears would be cleared and future rent covered.

Can the landlord apply for a court order when he knows that by any hearing date rent arrears will have been cleared.

Should an electrical certificate be in place and if there is one how often should it be renewed.

The property clearly should not have been let under health and safety rules and the council are taking that up, I have an issue with the rent reflecting a view I lost for a period of time and I have been honest with the landlord about financial difficulties and the benefit application.

Has the landlord breached the tenancy agreement at the outset on health and safety issues. If so what remedial action can be taken. I intend to stay if possible.

Sorry if this was or is unclear, hopefully this is more understandable.

[Esio Trot]

Originally Posted by timcoombs

I intend to stay if possible.

I think you are on a loser here - sounds like the landlord intends your stay to be as short as possible.

Having said this, from what you have written, it does not appear that you have received either a s21 or s8 notice that is valid. Until you have received either of these, possession proceedings cannot be started.

Having an electrical installation checked and obtaining a certificate is good practice, but the absence of one is not unlawful.

If you have more than two months rent unpaid then you have no defence to a s8 notice: a possession order will be granted whenever there is a court hearing, if on this date there are still 2 months rent unpaid.

[MrShed]

Originally Posted by timcoombs

The council state that glass panels in the internal doors are unsafe and wiring is old in the meter and fuse box area and to the kitchen and bathroom and not up to standard and that until work is done they will not allow the landlord to relet, the landlord is going to be ordered to make good these issues while I am still in occupation.

Was or is the letting agent or the landlord culpable at the point of letting and was or am I in any danger if the property is not up to the standard required on health and safety grounds.

Not really, or not to any point worth attempting to enforce anyway. You have had no financial loss (or otherwise) due to H+S breaches, so you are due no damages of any kind - and this is the only way the landlord can be found culpable.

The property was rented with a panoramic sea view the width of the living room and this is reflected in the rent, can I be compensated if the view is totally blocked by scaffolding for 50 days because repairs to the roof are undertaken by a scaffolder who has a financial interest in one of the properties in the block and he does the repair in his spare time to save on costs when his only real qualification is as a scaffolder and not a roofer.

No

Rent is only in arrears while a benefit claim is processed and once benefit is recieved rent arrears would be cleared and future rent covered.

Irrelevant as far as the law goes I'm afraid.

Can the landlord apply for a court order when he knows that by any hearing date rent arrears will have been cleared.

Yes

Should an electrical certificate be in place and if there is one how often should it be renewed.

Not required

The property clearly should not have been let under health and safety rules and the council are taking that up, I have an issue with the rent reflecting a view I lost for a period of time and I have been honest with the landlord about financial difficulties and the benefit application.



Has the landlord breached the tenancy agreement at the outset on health and safety issues. If so what remedial action can be taken. I intend to stay if possible.

None in effect. As Esio says, you are going to struggle to stay ultimately.

Sorry if this was or is unclear, hopefully this is more understandable.

Answers above in red. Other than what I have added, 100% agree with Esio above.

[timcoombs]

Thanks for the feedback, I just think that the landlord could have accepted that rent would be paid by benefit and there would be a delay in getting backdated payments while the benefit claim was processed.
The other issues of safety he should have known about and will have to redress the situation before he relets.

[MrShed]

IF he is reasonable, he should. However, he has no legal obligation to do so.

The safety issues shouldnt have occurred, but this still doesnt mean you are entitled to any recompense.