LL in liquidation, defects not being fixed

[stoneman56]

We moved into a property in April, there were a few things wrong with the flat, but as we needed to get in quick agreed that these could be attended to when we were in. The letting agent made a note of the defects and they were included in the invetory. Mouldy bathroom with leak under the bath which has caused damp walls. Large iron burn on lounge carpet, cigerette burns to same and strong smell of cigerette smoke comming from it. Burglar alarm needs resetting by engineer so we can use it. Downlights in bathromm not functioning.

We spent 4 months trying to get the LL to attend to these, builders have been out to quote, carpets measured, but nothing has been done. I finally sent an email to the LL saying that I was going to withhold £50 per month rent until the defects were fixed. Then received an email from a firm saying that they were the official receivers, and attached to the email was a conversation between them and the LL where the receiver chastised the LL for getting involved with this as they had no right to deal with the day to day running of the flats, and it should have been passed to the receiver straight away. Apparently the flats have been in receivership for more than a year.

The receivers came out yesterday with a builder, but informed me that it was unlikely that the bank would release the money to rectify the problems, and said that if we wanted we could give a months notice and leave. Having thought about the situation and remedies I emailed the receiver in the afternoon with the proposal that we reduce the rent from £495 PCM to £435 and we accept the defects, we really don't want to move, we have TV and BB on contract for a year, just changed electric supplier that would charge a fee if we canceled, my and my wife's business cards have this address on them, and the upheaval of looking for somewhere new while we are working doesn't bare contemplating. I also said that if the defects were sorted completely we would then return to paying the full rent. They emailed back and said that this is not acceptable and restated that we could give them 1 months notice and leave, saying that to reduce the rent without authority would be contravening the terms of the contract and they would seek to have us removed. What are our options?

[Steve__M]

It's a tricky legal situation.

 

Who are you paying the rent to? Are you still paying the rent to the letting agent? Who is named as the landlord? You should have official notification of an address for service for the landlord - sometimes called a Section 48 notice. It may be on your contract or your letting agent can let you know. If the address for service is wrong or non-existent you may be able to withhold *all* the rent till such is provided (you have to pay it in the end).

 

I guess, what I am getting at is that you need to be sure you're paying the rent to the right people! And is your deposit safe?

 

If the receivers *are* now to all intents and purposes the landlords, then you should have a look at the sticky thread here about disrepairs. Some of the things you list sound like they *should* be repaired (ie. leaks in pipes). Some such as burn holes, do not need to be repaired unless there was an agreement that they should be repaired which was part of your contract.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?74057-Disrepairs-in-privately-rented-accommodation

[stoneman56]

The LL (the one in liquidation) is the name on the lease, and the money is paid into their account. The deposit is protected and I have the certificate. I guess that the liquidators are happy for the LL to carry on looking after the properties (the liquidated LL has a few on this road). I have stopped all communication with the LL and now only talk to the liquidators. funnily, some people have just moved in next door and have no idea about any of this, but the letting agent knows. I have had a look at the sticky, and yes most of the things are cosmetic.