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Scared of standing upto the landlord as I do not want to be homeless!

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Hey all

 

First post, so please be gentle! I have read the stickies and done loads and loads of research. I need so advice specific to my situation and would like to see what you all would advise me to do.

 

A few notes that may be applicable. I have an AST for a period of 6 months which will run out on the 01/04/13. My landlord has not put my deposit with any goverment scheme.

 

I used to live in another flat under this landlord and moved becasue fo a damp condition (I did have enviormental health come and investigate, but upon contacting them for a copy of the report they stated that no report was made and they just gave me verbal advice).

Due to the conditioned of the damp in this flat I had clothes, electricals and numerours other items ruined or covered in mold.

 

When I initally moved - the flat had been repainted and was not finished - I wasnt informed of this and because of thsi £100 worth of clothes were ruined, my sofa and dogs beds all had paint on them. Upon seeing the state of the flat, I couldnt refuse to take it as I would have been homeless.

 

I also found that the landlord put stud walling up - I think this was to cover the mold in the new flat.

 

Now onto the issue.

Apart from numerous small disrepair issues, this falt is breaking 6 HHSRS regualtions, and possibly another two (although I need independent advice on this) these are

damp and mold growth

excess cold

entry by inturders

excess noise caused by disrepair

Domestic Hygene (vermin)

Electrical Hazards

Lack of ventilation (in the kitchen)

*not sure which rule this falls under, but the backgate is padlocked with no key supplied, if there is a fire at the front door, there isnt any chance to get out of the house!

 

The landlord came around on the 30/11/12 and drilled two holes approx 5inch in diameter into the exterior walls. These have been left open still no ventilation has been fitted. The landlord also never reattached the electric raditor to the wall and left it stored int he bathroom, he did by an electric convector heater for me, but this has a foot missing so is un useable. After informing the landlord of this, he failed to replace or fix the heating. even with two holes drilled into the wall in the middle of winter.

* when the compnay came to drill the holes, they stated all the brickwork was wet and this was caused by damp.

 

Now onto my actual question after all the background information (there is more but I feel this is enough info at the time being - I am happy to supply more if requested)

 

I am looking to move out but am currently unable to save any money. I have contacted local housing agencies for help with a deposit (which I told them i didnt want a handout, after I had moved I would be able to pay this back). but they will not help me as I am intentionally making myself homeless.

I spoke to the council also about housing options if I just choose to leave and not pursue the issue - I would still be lowest priporty depsite sofa surfing.

Now if I follow the officail procedure for reporting these issues, as my council stated they intially very little I would have to wait for three period of 28days before the landlord would be given any sort of legal kick. I have expressed frustration to him before and he just gets very aggressive, defensive and blames allthe problems on me (I came close to phyiscally assualting him, this was as he was shouting at me and backing me into a corner -I felt extremely threatened). Seeing as my contract is up on 01/04/13 it hardly seem worth persuing as I suffer with anxiety, stress and depression. as the time frame takes soo long the landlord to be given a legal kick. I am sure he will just choose not to carry on my contract and I will be effectively homeless (as I can sofa surf the council said I still wouldnt be any priority to be housed, despite moving out due to health conditions).

 

A lot of uninformed people state not to pay the rent - but I am aware that tenants are only allow to offset rent in very special circumstances - also I claim housing benefit currently and this I sure would count as fraud on my part.

 

at the moment, as I will not get any help what so ever from local housing authorities and would still be banded at the lowest priority if I got eveicted / left I beleive I have three options

1) Just move out at the end of contract - IF I move out before I could be taken to court as I didnt stick to my end of the contract.

2) Raise the issues offically and go through the official process - jsut ot be evicted after all the stress suffered and would be in the same position as option 1

3) not say anything and contiue to live here until I can find somewhere else to live - which is going to take ages.

 

Sorry for the long post and I thank anybody who stayed with it to the end. I still think its funny that in this situation the landlord can just choose to "evict" the tenant when their contract ends - even though its unfair, its perfectly legal and the tenant has no comeback towards this!

 

 

PS. I know that the LL has asked other tenants to tell the local housign authrity that the rent is more and they will spilt the monthly difference. I am also aware that he made a fraudulent insurance claim.

 

Thanks again for reading and I look forward to reading the replies.

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Hi not a specialist in this area of law but one thing I can say is do not stop paying the rent whatever other people may say, I am not sure but once the ast has ended i dont think that the landlord can just kick you out he has to serve you with a notice, but I think you are right in saying that if you just left you could still be liable for the rent to the end of the tennancy.The mold, vermin and noise would probably come under environmental healt at the local council and it may be worth giving them a ring


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suggest you speak to shelter regarding your issues and they may well speak to your LL as there are a few bsic breaches of your rights.

Also will be able to advise on waht you can do.

Dont withold any rent!

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