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Landlord chasing for rent of uninhabitable property


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Hi folks

 

 

I would like an opinion on something I'm really not happy about...

 

 

My daughter and her boyfriend were living in a flat (basically the lower half of a semi-detached split into two). The boyfriend was living in it originally and my daughter moved in, so all things relating to the let and the landlord and going through the BF.

 

 

Towards the end of April the toilet blocked. The BF informed the landlord who told him to try and unblock it himself. He tried with no success. This plus the level of mould in the place finally led to them moving out of the property on 1st July. The toilet was not useable during this time. They gave notice that they were moving out but only a few days before they did. The landlord told the BF that they had to stay in the property until 27th July.

 

 

The landlord is now after:

 

 

£425 - March's rent (which they admit they owe)

£425 - for July (technically the notice month)

 

 

He's 'rounded' that up to £900 plus he now says he wants £200 interest for late payment

 

 

He has £600 bond of the BF's.

 

 

Things that I consider make the property uninhabitable/dangerous:

 

 

Toilet not working for approx. 2 1/2 months - it seems that an incorrect waste pipe was attached to the toilet - rather than being ceramic it was the plastic 'flexi-tube'-type

 

 

Awful level of mould, which the landlord is now blaming the BF for

 

 

The gas mains pipes in the property were plastic

 

 

 

 

Could someone give me their opinions on this as the landlord is now threatening court action (not that the threat bothers me at all, I'm a veteran!)

 

 

Thanks

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Presumably there was a second toilet, or that it was working badly but sufficiently well to allow occupation for over two months? Or were they going next door?

 

An alternative action would have been to inform the relevant people at the council, who may have resolved the issue or provided for a basis for them leaving.

 

Landlord may ask for only 8% per annum interest, so about £6 per month for the full £900.

 

Has the landlord protected the deposit?

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Thanks for the reply Steve.

 

 

Yes, I mentioned at the time that they should have contacted the council. No, there was no spare toilet. They had to use a bin, wee in the garden and use the facilities of the gym down the road.

 

 

I doubt very much that the landlord has protected the bond.

 

 

I haven't had sight of the contract but isn't the landlord in breach for not having repaired the loo?

 

 

Thanks for the heads up about the interest

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Bug,

The property was not uninhabitable, unless local EHO/Housing declared it so, and notified the LL accordingly.

Did B/f inform LL of toilet problem by letter, addressed to AST 'address for Service of Notices'? ( Sounds like they just reported it by tel). Inadequate IMO.

What is causing the mould? Condensation is down to T lifestyle in most cases and easily cleaned with an antifungal solution wipe down.

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Thanks for the reply Steve.

 

 

Yes, I mentioned at the time that they should have contacted the council. No, there was no spare toilet. They had to use a bin, wee in the garden and use the facilities of the gym down the road.

 

 

I doubt very much that the landlord has protected the bond.

 

 

I haven't had sight of the contract but isn't the landlord in breach for not having repaired the loo?

 

 

Thanks for the heads up about the interest

 

Oooh! That's awful.

 

How much did they moan to the landlord? Did they write or email?

 

Unfortunately without a paper trail the issue could be plausible deniability by the landlord - that he assumed the problem had been solved.

 

It is possible to check with the various deposit schemes as to whether the deposit has been protected. One option could be to inform the LL that if he takes them to court they will counterclaim for the deposit + potential 3x penalty - so £2400.

 

http://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_protection_rules

 

Technically they could sue themselves whether or not the landlord sues them. But if they ignored your suggestion to contact the council I'm guessing they may not.

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Bug, on my understanding a landlord can only charge interest on late payment of rent if it says so in the tenancy agreement. Further, if a case goes to the county court there is no interest on judgment debts of less than £5k. If the property was uninhabitable that could be the subject of a tenant's counterclaim I would think.

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