landlady not complaining about non payment of rent, etc

[rennai]

Hi guys,

 

Please I need advice re flat 'am renting presently. Ever since I wrote detail letter complaining of state/condition of the flat (not being fit for purpose and uninhabitable) and landlady nonchalant and or indifferent attitude towards repairs, replacement of damages appliances; the landlady has just kept away from the flat, and she is not complaining when I stopped paying rent or if I pay late. Cooker, heaters, etc are broken, I complained but no response yet?

 

This is very strange, please has anyone been in the same situation? I couldn't believe this. Meanwhile, I have bought heaters, electric cooker, etc with my money.

 

Please any thought or advice??

[Ed999]

My comments only apply if the premises are entirely within England and Wales, and you were granted a shorthold tenancy (under which you - and your spouse/partner/children, if any - have exclusive use of a seperate dwelling, which is not shared with another tenant nor with the landlord), and you were over 18 years of age when the tenancy was granted, and the rent is less than £2,083 per month.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

Bear in mind that if you are a shorthold tenant, with a periodic tenancy, you can be evicted from the premises by simply being given 2 months notice, in writing, taking effect after the initial six months ends (expiring on the last day of a rent period). No reason has to be given. Where a dispute arises, concerning any matter, the landlord can simply end the tenancy in that way.

 

Beware of agreeing to pay for any item. A shorthold tenant can be evicted on 2 months notice at any time, once the tenancy has been running for 4 months, if there is no fixed term; so it never makes sense to pay for improvements to the premises.

 

 

 

Disrepair

 

Note for regular users: This posting is my usual commentary on Disrepair.

 

Only the court can decide the outcome of each individual item of alleged disrepair. All we here can do is summarise some matters which you might usefully invite the court to take into account.

 

 

It boils down to this:

 

1. You can sue the landlord yourself, to force him to pay for the repair and to pay you compensation; or

 

2. You can ask the District or Borough Council to do the repair, in which case they will later sue the landlord to recover the cost, but you will get no compensation; or

 

3. You can pay for the repair yourself, and recover the cost out of the rent.

 

In every case, the landlord can evict you by giving you 2 months notice, but it will take him 3 months in all to get the necessary court order for your eviction.

 

 

If there is disrepair, a tenant might be entitled in law to sue the landlord for damages (i.e. compensation).

 

Read this FAQ - Disrepairs in privately rented accommodation

 

 

In summary, section 11 of the Landlord and Tenant Act 1985 imposes a statutory obligation on the landlord to keep the following in good repair and in proper working order:

 

• the structure and exterior of the dwelling, including drains, gutters and external pipes;

 

• the installations for supply of water, gas, electricity and sanitation (including basins, sinks, baths and toilets); and

 

• the installations for space heating and water heating.

 

But the landlord has no duty under section 11 to repair damage caused by the tenant [section 11(2)(a)]. The tenant is liable for the cost of repairs caused by breach of his statutory duty to use the premises in a tenant-like manner.

 

The landlord is not liable until due notice of the disrepair is given to him (O’Brien v Robinson [1973] 2 WLR 393, House of Lords).

 

And if a repair is carried out within a reasonable time, there is no breach of contract, so there is no right to compensation.

 

The landlord can't ask the tenant to pay (e.g. out of any deposit) for the cost of repairs which the law requires the landlord to do. What those repairs are is explained in that FAQ.

 

 

The landlord's obligation under section 11 is to keep the property in its initial state of repair, the state it was in at the start of the tenancy, not to put it into good repair; i.e. there is no statutory obligation to improve it. See Alker v Collingwood Housing Association [2007] EWCA Civ 343.

 

 

If you intend to sue, you must follow the required steps in the Pre-Action Protocol for Housing Disrepair Cases. You will normally need to pay a Solicitor to deal with these steps, because they are quite unnecessarily over-complicated.

 

 

Using the Rent to pay for Repairs

 

A tenant does not have the right to withhold rent in an attempt to force the landlord to carry out necessary repairs. Doing so could jeopardise the tenant's right to remain in the property, because the landlord can start eviction proceedings if there are rent arrears.

 

There is a legitimate procedure for a tenant to use the rent to pay for necessary repairs, derived from the case of Lee-Parker v Izzet (1971) 1 WLR 168. The details of what repairs legitimately fall within the scope of the procedure are summarised in the following FAQ, under the sub-heading "Using the rent to pay for the repair" -

 

• Disrepairs in privately rented accommodation

 

That FAQ explains the procedure that you MUST comply with if you propose to use the rent to pay for remedying the disrepair.

 

You must obtain tradesmen's quotes or estimates for the cost of remedying the disrepair. In general, a single quote is useless; you must obtain a minimum of two competitive quotes for each job.

[Snorkerz]

You undestand that you have no right to withold rent unilaterally? Even if everyone reaing this post understands exactly why you did, the landlady could easily sue for the missing rent and with a contract in place, she'd win.

 

However, there is a solution to your problem - and that is a legally approved protocol whch allows you to have whatever works need doing done, and deduct the cost from your rent. It is explained most clearly here http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/tenants_doing_repairs but the case law is Lee-Parker v Izzet [1971]

[mariner51]

OPs LL is either very relaxed or a pressure cooker about to blow.

It sounds like it is too late for you to follow Shelter's advice for the items you have replaced. If OP failed to get LLs writen approval for replacement, then OP will either have to refit the original items or pay for equivalent replacements selected by LL to comply with the Inventory at end of T. Disposing of LL property without LL consent is theft. Grey area if done 'under duress'.

If rent is witheld then the replacements prob belong to LL and T cannot take them at end of T. (Inventory compliance) even if superior to the originals.

Let's hope the LL wakes up and smells the coffee soon.

[rennai]

please I need advise tailor made or specifically for scotland. Thanks all the same guys for your valuable advises!

[bluedogx]

Hi

Check the shelter Scotland site. Visit your local cab - they often have housing specialists on site.

 

B

[Snorkerz]

please I need advise tailor made or specifically for scotland. Thanks all the same guys for your valuable advises!

Rennai - always, always, always, when you are asking for legal advice on anything, make sure you mention it is Scotland. The law is totally different and most readers of forums will assume you are refering to English law as that is the jurisriction under which the huge majority of askers/answerers operate.

[rennai]

Thanks Snorkerz for advise... heeded

 

@ Mariner51, no inventory done or in place. Cheers all for your tips and hints, all much appreciated

[rebel11]

Hi Rennai

 

This has got quite a lot of info, section 'repairs in Scotland', it's from CAB :-

 

http://www.adviceguide.org.uk/index/your_family/home_and_neighbourhood_index_ew/renting_a_home_index_ew/getting_repairs_done_while_renting.htm

 

http://www.adviceguide.org.uk/scotland/your_family/home_and_neighbourhood_index_scotland/common_problems_with_renting_scotland.htm

 

I'm not sure how you contacted the Landlord. Write a letter, highlight everything that needs to be done, send it Recorded.

That way your requests are documented.

[Ed999]

please I need advise tailor made or specifically for scotland. Thanks all the same guys for your valuable advises!

 

You had omitted to explain that the premises are in Scotland, where the law is different.

 

• In Scotland, contact -

 

Citizens Advice Bureau, Scotland:

http://www.cas.org.uk

 

Shelter Scotland, in Edinburgh:

http://shelter.org.uk

Tel. 0344-515-2444

 

Money Advice Scotland, if rent arrears:

http://www.moneyadvicescotland.org.uk

Tel. 0141-572-0237