Landlord being a pain!!

[Seventh]

Hi All,

 

I'm looking for a little help and advice. Our landlord seems to be avoiding us. We only have an email address to contact him on as when we took the house it was dealt with through a letting agency. They have since left the picture and we deal directly with him now.

 

When we first moved in, we sent an email to the letting agents telling them things that needed sorting (the garden was a mess, garage and shed full of junk left from previous tenant, rubbish tip at back of shed etc) and they just passed this to him. Now we have been in over a year now and nothing has been sorted. The washing machine provided for us sounds like the ball bearings are going and this has been passed to him also. We have told him that we have a machine we can replace it with but we need someone to do it as it would mean removing units and we don't want to be liable for any damage caused.

 

We have also contacted him about the annual gas safety check. Provided in the house is a gas fire - gas central heating and a gas cook top. When we moved in we weren't given a copy of the last check but we assumed this was because the letting agents forgot to give us it. We have emailed him twice over the past two months asking when this will be done as its a legal requirement but we've heard nothing back.

 

The only time he came out and sorted something was when we got squirrels in the attic, he paid for rentokil to come out and left a sonar alarm up there running off OUR electic bill. Rentokil came out, caught one and then the others ran off because of the alarm.

 

We have since turned this off as we're not paying for it anymore and he hasn't sent anyone out to fix the hole they were getting in.

 

Can we withhold the rent until it's sorted? We pay £725 each month and he's not doing what is needed.

 

Thanks

7th

[phoenix11]

Have you asked the old letting agents for his address/ phone number?

 

I'm not sure, but I don't think it's a good idea to withhold the rent.

[Aviva]

Witholding rent is never advisable and could end up with the landlord taking action against you for rent arrears.

 

One thing you can do is to put in writing what needs to be done with a deadline stating that if the work is not carried out you will get it done yourself and reclaiming the costs of the work from the rent. You would need to get quotes for the work and send copies to the landlord before the work was undertaken. Shelter have some good information on what you would legally need to do.

 

You can also contact the local Council for help either the Environmental Health Department or Housing Advice Team. They should be able to provide advice on the situation and can contact the landlord on your behalf and even take legal action against the landlord.

 

I am sure I have read on the forum that your landlord has to give you their address even if they have a Letting Agency involved.

[Seventh]

I've had a look through the huge contract that we have and have found a PO box address for him. I've also fired off another email stating that if he hasn't been in touch within 5 working days we will seek legal advice.

 

It's the gas check thats the main problem - I have an 8 year child and after already losing 1 child this year, I'm not about to risk losing this one.

 

Do you think if we sent him quotes for this we would then be within our rights to deduct it from the rent?

 

I don't want to lose the roof over our heads but the only time I've ever spoken to him face to face was when we had squirrels in the attic and surprise surprise he was out the same day to do something about it so it didn't damage his property. Feel like telling him they're back just to get him out!!!

[Aviva]

That gas safety check definitely needs to be done. I've never had to go down the route of paying for a repair myself so not really sure of what you need to do. Take a look at the Shelter website or give them a call if you need to do this.

 

If he does not get the check done or does not give you a copy then he is not meeting the Government's health and safety requirements. I have attached a sample letter they suggest sending to landlords who are not complying. If you still have no luck then you can contact your local HSE office and they should be able to intervene on your behalf. www.hse.gov.uk/contact/maps/index.htm It is amazing how many landlords don't do things because they have no idea of what their responsibilities are so this letter may help.

 

If you make a fuss there is always the chance that he may end the tenancy but he needs to go through the appropriate process for your tenancy. Although if he is going to be like that you would be better off somewhere else as you will have a continuing problem with him not wanting to meet his responsibilities. He cannot hound you out of the property or just change the locks, etc.

checkreq.rtf

[Kentish Lass]

I've had a look through the huge contract that we have and have found a PO box address for him. I've also fired off another email stating that if he hasn't been in touch within 5 working days we will seek legal advice.

 

Is the PO box in the UK? It is a legal requirement that you should be provided with an address in UK for the serving of notices (this does not have to be LL's own address, can be LA).

 

It's the gas check thats the main problem - I have an 8 year child and after already losing 1 child this year, I'm not about to risk losing this one.

 

Sorry to hear of your loss. This must all be very difficult for you.

 

This is a VERY serious matter. Email your LL and say that unless he arranges for the gas safety check to be carried out within the next [7] days, you will contact the authorities and he will be liable for a very heavy fine and even imprisonment. The authorities take a very serious view of tenant safety particularly in relation to gas appliances.

 

If he doesn't respond, arrange for this to be done by a qualified gas engineer. (The requirement is no longer CORGI, but membership of the GAS SAFE REGISTER). Deduct the cost from your next rental payment. Email LL and say that as a matter of urgency, you have arranged for this to be done and deducted the cost from your rent

 

I don't want to lose the roof over our heads but the only time I've ever spoken to him face to face was when we had squirrels in the attic and surprise surprise he was out the same day to do something about it so it didn't damage his property. Feel like telling him they're back just to get him out!!!

 

I would suggest you write to him at the PO Box address and re-state all that you have put in your emails.

 

List the outstanding repairs and maintenance required and tell him that since he has ignored repeated requests for these to be dealt with unless the repairs are carried out with the next [14 days] you will obtain 3 quotes for said repairs and choosing the cheapest, have them carried out and deduct the costs from your next rental payment. (You can include the correct fitting of your washing machine in this.)

 

Let us know if he comes out of the woodwork!

 

And to Aviva, It is amazing how many landlords don't do things because they have no idea of what their responsibilities are so this letter may help. If a person lets a property and thus becomes a landlord, they should make sure they know what the law is regarding the process and not just see it as a cash machine.