Please help-advice needed-it's complicated

[stress_head]

Hello all,

 

I hope someone may be able to give me some advice with my problems.It is rather complicated but I will try to be brief as possible.

I have lived in a Privatley rented house for almost 10 years, I have known of my Landlord since we were kids so I moved into the property after signing an Assured Shorthold Tenancy agreement, my Landlord did not want a deposit or bond. He has always been very laid back in all areas. Over the years I have had financial/debt problems and rent arrears, he has never chased me. However, he has also been laid back about maintenance to the property, he has made promises to repair but never does them. I am frightened to keep asking my Landlord to do the work because of arrears so I try to repair them myself and pay for the materials to do this.

There has been one Gas Safety check in nearly 10 years. I have had no heating upstairs for nearly 3 years, the gas fire has stopped working. I have bought electric heaters to keep warm in winter, the bills are collossal so I find myself falling further in arrears every year. I know this is no excuse for having rent arrears and I realise that I am wrong in having them.

1 month ago I received a letter from my Landlord, he wants the arrears (£2500). He wants £1000 a month or he will serve me my notice to quit and wants the arrears as well.

Me and my partner have offered him £865 a month which will leave us on beans on toast for next 8 months. We made him the offer in writing nearly 1 month ago asking for reply in writing but he has not returned correspondance. What can we do to make things better here?

 

hope someone can help

[stress_head]

I forgot to mention that he keeps putting the rent up too.

[Kentish Lass]

I have lived in a Privatley rented house for almost 10 years, I have known of my Landlord since we were kids so I moved into the property after signing an Assured Shorthold Tenancy agreement, my Landlord did not want a deposit or bond. He has always been very laid back in all areas. Over the years I have had financial/debt problems and rent arrears, he has never chased me. However, he has also been laid back about maintenance to the property, he has made promises to repair but never does them. I am frightened to keep asking my Landlord to do the work because of arrears so I try to repair them myself and pay for the materials to do this.

 

I don't suppose you kept any record of what you have spent, receipts etc.?

 

There has been one Gas Safety check in nearly 10 years. I have had no heating upstairs for nearly 3 years

This is extremely serious. The law requires the LL to have a Gas Safety Check carried out every year and the T supplied with a copy of the Certificate.

 

This is a quote from a government information website:

 

"What if I break the regulations?

 

You are putting lives at risk and breaking the law. HSE gives gas safety a high priority and will take the appropriate action to ensure compliance with the regulations; this could result in a substantial fine and/or a custodial sentence. "

 

If anyone died as a result of your LL's non-compliance, he could end up being prosecuted for manslaughter!

 

, the gas fire has stopped working. I have bought electric heaters to keep warm in winter, the bills are collossal so I find myself falling further in arrears every year.

Why have you let this go on for so long? Your LL has a responsibility to maintain any appliances (but does not have to e.g install CH if it was not there to begin with). Below is a quote from the LTA 1985 S.11

 

"11 Repairing obligations in short leases

(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—

(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),

(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and

©to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water."

 

I know this is no excuse for having rent arrears and I realise that I am wrong in having them.

You probably should have attempted to reduce them over the years, but it is always difficult to catch up when you have got into such a situation.

 

1 month ago I received a letter from my Landlord, he wants the arrears (£2500). He wants £1000 a month or he will serve me my notice to quit and wants the arrears as well.

Me and my partner have offered him £865 a month which will leave us on beans on toast for next 8 months. We made him the offer in writing nearly 1 month ago asking for reply in writing but he has not returned correspondance.

 

To be honest, I think you have made a mistake here. You should not have offered to pay an amount which you know you will not be able to manage. And in asking for £1,000 a month, he knows he is asking for sum you cannot possibly manage to pay.

 

I think you are going to have to accept that your LL is no longer "Mr old friend and laid back nice guy". He obviously needs the money - and he is entitled to it.

 

I think you should to prepare yourself for the fact that your LL is probably going to evict you. You have not said that you signed any further AST agreements after the first one, so you will be on a statutory periodic tenancy.

 

Your LL can issue a s.8 notice for possession, grounds 8, 10 and 11. Ground 8 gives mandatory possession and the s.8 notice procedure can also be used by the LL to claim the rent arrears. He could follow the accelerated procedure, but then would not be able to claim the rent arrears in the process. He would have to sue you separately for that.

 

Now - the first thing you must do is write to the LL and list all outstanding repairs and maintenance, particularly things which you have requested to be carried out which have not been done. You are no longer Mr fixit!!

 

Top of the list is the Gas Safety Certificate. Point out that his neglect of this responsibility is a serious offence which could result in a heavy fine or imprisonment.

 

Then list all and any outstanding reps and maintenance needed in the property, particularly the gas fire and any other heating appliances which were provided by the LL and ask when these works will be carried out.

 

Don't panic about the arrears at this stage. However, you should sit down and seriously work out an ACHIEVABLE schedule for repaying them - one you know can stick to. If you end up in court, you will need to provide evidence anyway of why you can or cannot pay a particular sum so this is a good exercise to do.

 

Keep your correspondence short, factual and to the point. Post it from a post office and get a certificate of posting (no emails please...|). Then post the same letter from a different post office the next day. He cannot then say he has not received it - a judge is unlikely to believe that two letters from different post offices have gone astray.

 

Let us know how you get on.

[Kentish Lass]

I forgot to mention that he keeps putting the rent up too.

 

How often????

[stress_head]

Hi,

 

Thank you so much for your advice.

Yes, I agree this has been going on for too long. A list is currently being compiled of work that needs doing. As for receipts I have only kept the most recent ones.

Landlord may well evict us but I wonder whether it is worth staying at the property with the hassle thats involved in getting the work done. It's taken me a long time to realise that he is not such a nice guy!

I'm too soft!