Property, not habitable, at commencement, of tenancy

[Bishop1]

Looking for advice on this tricky subject.

 

 

Basically our 5 young people moved into a multi-occupancy house on 15th August, and I am one of 5 parent guarantors.

 

 

There were several problems with the property when we arrived to take up occupancy on Sunday 24th.

 

• There were only 2 bunches of keys immediately available (not 5) and the front door locks are faulty needing work.
  
• One room was still being treated for damp and the work has not been completed
  
• The garden at the rear of the house was requiring a lot of work and was cluttered with dangerous obstacles. This still needs attention. One fence needs raising but in the meantime a dog has come through that fence and bitten one of the young people who went to A&E and reported incident to police.
  
• We have not been given an inventory and have not been given a valid gas or electricity certificate or a fire plan assessment. There is a smoke alarm downstairs only which appears broken with no evidence of having been tested.
  

The landlord has made some efforts since the tenancy started - ordered new mattresses on request and had the house cleaned (albeit both things to a substandard).

We have written to appeal that we be refunded the rent paid for 14th August to 1st September but the landlord has declined saying that the house met all statutory requirements.

The landlord is prepared to continue the necessary repairs at his pace, which we are happy with, but the quality may be an issue.

 

 

We have all photographic evidence and written correspondence throughout.

 

 

We are lacking the necessary legal expertise to determine what rights we have in this situation and wondered if anyone out there might be able to advise or direct us.

 

 

Cheers

[BRIGADIER2JCS]

Looking for advice on this tricky subject.

 

 

Basically our 5 young people moved into a multi-occupancy house on 15th August, and I am one of 5 parent guarantors.

 

 

There were several problems with the property when we arrived to take up occupancy on Sunday 24th.

 

 

• There were only 2 bunches of keys immediately available (not 5) and the front door locks are faulty needing work.
  
• One room was still being treated for damp and the work has not been completed
  
• The garden at the rear of the house was requiring a lot of work and was cluttered with dangerous obstacles. This still needs attention. One fence needs raising but in the meantime a dog has come through that fence and bitten one of the young people who went to A&E and reported incident to police.
  
• We have not been given an inventory and have not been given a valid gas or electricity certificate or a fire plan assessment. There is a smoke alarm downstairs only which appears broken with no evidence of having been tested.
  

 

The landlord has made some efforts since the tenancy started - ordered new mattresses on request and had the house cleaned (albeit both things to a substandard).

We have written to appeal that we be refunded the rent paid for 14th August to 1st September but the landlord has declined saying that the house met all statutory requirements.

The landlord is prepared to continue the necessary repairs at his pace, which we are happy with, but the quality may be an issue.

 

 

We have all photographic evidence and written correspondence throughout.

 

 

We are lacking the necessary legal expertise to determine what rights we have in this situation and wondered if anyone out there might be able to advise or direct us.

 

 

Cheers

 

 

 

 

The Local Authority Housing Department is responsible for checking and ensuring Landlords of HMOs comply with all the regulations regarding the standard of properties including the gas and electricity safety check.

 

 

You can request that an HO comes out to check the property, the officer can compel the LL to complete all required works.

[Bishop1]

Thanks for this Brigadier

We are aware about this possibility and may pursue this.

We are especially questioning if we should make a stand about the rent we have paid when the house was not properly ready.

Thanks

 

 

 

You can request that an HO comes out to check the property, the officer can compel the LL to complete all required works.

[raydetinu]

Yes contact LA regarding HMO license and quality as it has satisfy basic requirements.

this may also help;

http://m.england.shelter.org.uk/__data/assets/pdf_file/0019/23392/ShelterGuide_GettingRepairsDone.pdf

[BRIGADIER2JCS]

Thanks for this Brigadier

We are aware about this possibility and may pursue this.

We are especially questioning if we should make a stand about the rent we have paid when the house was not properly ready.

Thanks

 

You can request that an HO comes out to check the property, the officer can compel the LL to complete all required works.

 

 

 

Yes definitely make a stand the LL can't expect rent for an uninhabitable property.

[mariner51]

Only the LA or Court can determine if a property is 'uninhabitall' and take appropriate action.