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homeless legal advice

(3 Posts)
TheHumanCatapult Fri 12-Aug-11 11:43:24

The house i rent has been refused oil delieveray due to the tank not being sited correctley as not supported and i can not prodeuce safter certifact for the boiler tat was installed as my LL did and he is not oftec registerd did not go through building control either have checked

Council have told me that i have to give reasonable notice for him to fix this and notice can not start till after he is back from work in usa.

So leaving me without hotwater till at least next Thursday his contact so far as been to tell me to find someone to deliever evne though he is aware that it is not sited right .( have tried but none will ) and since im on rolling contract he is a wide boy and i suspect i shall be given my marching orders .

Is there anyway of getting the council to help me ?

HarperSeven Fri 12-Aug-11 13:29:18

Under S48 of the Landlord & Tenant Act 1987 the landlord should have given you an address in England to send notices:

"Section 48: Notification by landlord of address for service of notices.

(1)A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

(2)Where a landlord of any such premises fails to comply with subsection (1), any rent or service charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.

(3)Any such rent or service charge shall not be so treated in relation to any time when, by virtue of an order of any court, there is in force an appointment of a receiver or manager whose functions include the receiving of rent or (as the case may be) service charges from the tenant."

I don't think this means the notice only takes effect once they come back into the country. So I don't understand what the council are getting at.

You should speak with a tenants rights association wherever you live & ask if they can help you sort it out. This isn't an area I know anything about - just saw your post and did a quick google out of curiosity. Hope you get some proper help.

TheHumanCatapult Fri 12-Aug-11 14:03:18

ty have tried shelter and they are no help .

I do have a contact address for him which is the yard on site at back of me where I live .Have emailed him again to say what is he going to do about it .

Failing that will turn it over to enviromental health next week .Who said that they will then contact him t.elling him to contact them and will take from there .

But chances are he will serve me with a section 21 notice to vacate the property .and means have 2 months which enviromental healh will try to get something sorted but no gurantee

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