What is the correct LEGAL answer?

[HARLOW123]

hi thanks for viewing,

I need a legal minded person to answer the following issue I have with the landlord/letting agent;

 

prior to October we have had loads of issues with the house we are renting (but love the area before its question why we do not leave!). Over time we have been without :

• hot water for 7 days and 11 days on separate occasions
  
• Been without a shower 8 days and 12 days on separate occasions
  
• Without Electrics upstairs for 12 days when we moved in
  

 

easy to say I know but there have been a large number of issues but we just got on with it.

Even though there were a number of things still to be sorted the LL/LA wanted to raise the rent £50 (from October 2015). I agreed but received a Tenancy Agreement that was full of spelling mistakes and had burn marks in it (I kid you not). I asked LA if it was ok in this state and they said it was.

 

then on a routine gas inspection(end of September) there was significant high CO2 levels and the boiler was condemned. We were without hot water for a further 16 days. On a visit the LA agreed there was a number of things that needed doing and arranged for a handyman to sort, but he didnt arrive for another month and when he did he caused water to gush through the ceiling and destroy property, leave carpets muddy, charge his phone in our socket without permission, flick cigarettes in the garden and worst of all left the water pressure too low which caused the wife to get scalded in the shower (water temperature was recorded at 50 degrees). He left a hole in the ceiling which the LA said he would contact us to come back to repair.

 

There was no apology at any time and no contact at all for 2 weeks - my boss is a trainee lawyer and seems to believe they have breached contract.

 

Subsequently we handed our notice in to leave on 9th January but my son required a severe operation and property prices were ridiculous so we withdrew the request.

 

My question is do I owe rent on £950 or £900 as from October? The LA has said I am on a Period Tenancy plus I havent signed a contract. In an email the LA said,

 

" If a new agreement is not signed at the renewal stage, it does ‘roll on’ and become periodic, however your Landlord is still able to increase the rent during a periodic tenancy and your email communications confirm your commitment to renew the tenancy and pay the increase as of 9th October 2015.

 

In addition to this, you have amended your standing order to reflect the increased rent from the renewal date." (I have paid October and November as £950, which if it is a Periodic Tenancy would/should have been £900 - or am I wrong?)

Edited February 4, 2016 by citizenB
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[Bazooka Boo]

Is this private rented accommodation/LA/Social housing?

[HARLOW123]

Is this private rented accommodation/LA/Social housing?

hi, its private

[mariner51]

You agreed to and actually paid £950 from Oct so this is your new rent payable from Oct.

As for other matters only a Judge can decide whether an owner-occupier could have effected boiler repairs any quicker, at a similar cost.

The LL has a claim against the handyman for the ceiling & subs repair.

As for no upstairs lights on move in, we do not know the cause, sounds like a a simple blown fuse or tripped cicuit breaker

Really it is up to LL if he wants to compensate you for your 'inconveniece', as he seems to have engaged a handyman to rectify pdq, though poss. unqualified. You can tell a lot about LL from his response when asked. Have you asked LL for any compensation?

What date did T commence and for what fixed term?

[HARLOW123]

You agreed to and actually paid £950 from Oct so this is your new rent payable from Oct.

As for other matters only a Judge can decide whether an owner-occupier could have effected boiler repairs any quicker, at a similar cost.

The LL has a claim against the handyman for the ceiling & subs repair.

As for no upstairs lights on move in, we do not know the cause, sounds like a a simple blown fuse or tripped cicuit breaker

Really it is up to LL if he wants to compensate you for your 'inconveniece', as he seems to have engaged a handyman to rectify pdq, though poss. unqualified. You can tell a lot about LL from his response when asked. Have you asked LL for any compensation?

What date did T commence and for what fixed term?

 

Hi mariner51

thanks for taking time to reply.

with regards to "You agreed to and actually paid £950 from Oct so this is your new rent payable from Oct." is this the law or just your personal feelings?

thanks again

[Steve__M]

I am not a lawyer. This is my understanding having investigated it as a landlord and as someone who has supported friends who are tenants.

 

The legal way for a landlord to impose a rent rise is either to insist on a new contract or to issue a Section 13 notice, which details your rights to object to the rise.

 

However, a landlord and tenant can agree a rise informally. You are saying you agreed to it, and the evidence of you paying it may be inferred by a judge to assume that you agreed.

 

If a boiler fails then it does generally take time for the problem to be rectified, and a landlord would be given reasonable time.

 

Unfortunately if, as you say, other properties are more expensive then you might have to accept that the relative cheapness of your property is down to the fact that it is not as good a house as others.

 

If this is not the case, you should at least view some other properties and see if you can use the evidence to persuade your landlord to compensate you or to cut the rent.