Damp mouldy house, LL agent constantly delaying vital work

[WordInYourShellLike]

Any advice would be greatly appreciated as the whole situation is causing me huge anxiety Name changed temporarily due to paranoia that agent might see this!

Had to move last year from our home of 10 years as previous LL wanted to sell up. We live in a small village and really needed to stay here (various reasons) and choice was very limited. In the end, there was only one place that we could afford so we moved here towards the end of last year. One of the first questions I asked was about damp and was told there was just one area that was a problem and LL agreed to sort it out before we moved in. Work was done on this area but it hasn't completely sorted it out. It then turned out (and I think LL knew this all along) that the main issue was that water was getting in through cracks around the chimney and filtering down through the walls, coming out into the rooms causing masses of black mould and also thick white mould in the worst areas.

The LL's agent has been promising since the end of last year that the work will be done very soon to sort this out - it'll be messages like 'Builder will be with you next week' or 'Scaffolding will be going up later this week so that builder can start' but nothing ever happens. When I question, the story always changes. I have several reasons to mistrust the agent now. Things started out well but I now think she is totally taking the piss. She is a self-employed lone agent (plus friend and neighbour of LL), so I can't complain to anyone.

When we moved in, we were also promised that the 'blown' double glazing would all be replaced by the end of last year and that hasn't been done either. This is less important but still another broken promise. I really wish we could move again as I'm so sick of it all (and this house is tiny compared to last one with barely any storage space) but the move to here was immensely stressful and I don't think I could bear going through it again...

There's more stuff but I don't want to write an essay and bore you all to tears!

Can anyone tell me what the legal position is and if there is anyone we could go to for help? CAB are very few and far between around here and always booked up for months.

[AjasLipstick]

Contact the health and safety/environmental health department of your local council.

Explain to them what's happening. I did this...and my landlord was served with a legal document within the week which demanded the work be carried out or he'd be prosecuted.

After I called them, they sent an inspector round the next day. He took pictures and that was that!

[WordInYourShellLike]

Thanks Ajas

It doesn't look as bad now as I keep cleaning it off and the warmer weather has meant that it's not coming back as badly. But I have taken photos of all the bad patches before cleaning them so I do have evidence.

Do you think I should tell the LL agent that I'm considering going to environmental health to see if that gives her the kick up the backside needed to make the repairs happen?

[Heratnumber7]

Would you be breaking the law if you stopped paying rent? And could you use that money to get the work done yourself?

[SilverHairedCat]

england.shelter.org.uk/housing_advice/private_renting/landlord_responsibilities

[WordInYourShellLike]

Thanks for your replies. I think it's generally advised not to withhold rent as this can leave you vulnerable to eviction for non-payment. I really wish I could do that though!

Thanks for that link Silver - I've used the advice to send a very long text to the LLs agent laying out our legal rights and the LLs legal responsibilities, mentioning environmental health. That was a couple of hours ago. No response yet but then that's usually the case anyway! I'll update when I get a response.

[AjasLipstick]

Well done! Now...if he doesn't respond within one week...call the environmental people. Don't pre warn him. He'll just flannel you. Children are vulnerable to this sort of thing and it can cause death in younger children. It's not something to mess about with.

[WordInYourShellLike]

Thank Ajas

Still no response, but then I often don't get a reply for several days and sometimes not at all. Sigh.

[WordInYourShellLike]

Response today: 'I have received your text and I shall reply when I have spoken to your landlord - LL Agent Name'

Not much to go on. Will give it a couple of days and then speak to the LL directly I think.

[specialsubject]

how are all the legals?
dont send important stuff by text. write, post with free proof of posting, keep copy.

your kids wont die but this place is a dump and if you want to stay ( i hope it is a cheap dump) you need to know your rights. read the how to rent guide that i bet you werent given. it is on gov.uk.

[FourFriedChickensDryWhiteToast]

if i were you i would contact the council and ask them to put you in touch with the housing standards department.

You have given them fair warning , IMO.

It is disgusting that anyone expects you and your children to live with black mould and that you are made to feel nervous or in the wrong about sorting out the situation.

PM me if you like, I had the housing standards people round last week because of damp and mould.
Landlord showed his face and gave me 'notice'. Arsehole.

But guess what I am going to get re-housed!

[Treacletoots]

FourFriedChickens.. hold on. That's illegal! Retaliatory action by a landlord in this manner is 100% illegal. They cannot do that.

It does make me angry that landlords behave like this. I am a good landlord and fix problems as soon as they are reported even when often I suspect the tenant may have broken something .... But there are times where a tenant doesn't help by not ventilating, heating properly and drying clothes on the radiators etc. I just wanted to check this wasn't the case.

On the other point. Realistically it sounds like the LL either doesn't have any intention of fixing the issue or they don't know how to possibly. If I were you I would move. It's surely better for you in the long run (sorry, but true)

[specialsubject]

fourfried was that notice a valid section 21? otherwise the council may see fit to drop you.

glad you have an escape from paying a crook for a dump.

[FourFriedChickensDryWhiteToast]

oh yes quite illegal. I just smiled at him and took it off him. No it is not a Section 21, it's just a bit of paper saying 'non renewal of tenancy'.
As he is not a registered landlord he cannot serve a Section 21 on me.

This guy does think he is above the law. He read that anyone issuing AST,s or STs needed to register as a landlord , so he thought that if he made up his own contract, he wouldnt have to. Yet he wants to treat his sham tenancy agreement as an AST when it suits him.

What do you mean, specialsubject about the council?

[Treacletoots]

Wanker! I get annoyed when people always slag off landlords, but I realise its people like this who cause that perception :/

[specialsubject]

if you ar e being rehoused by the council they will try evertything to avoid doing so as there are so few houses. so any sniff of 'intentional ly homeless' will let them dump yo u. so the sec 21 must be valid.

excuse spaces, crap mn coding.

[FourFriedChickensDryWhiteToast]

oh no it's fine, I already got Band B because of the state of the house.

[specialsubject]

good - be cause you are getting housed. Not good if th e property doesnt get a closure order.

[FourFriedChickensDryWhiteToast]

i have noticed you popping up on housing threads, Special Subject..are you in that line of work?
What is a closure order?

[specialsubject]

I'm an evil bastard landlord :-). ( insert usual mn bile here...)

that means i need to keep up with tenancy law, and unfortunately I have experience of eviction involving the council. the corbyn brigade will be happy to hear that i had some major filth to clear in what had been a newly refurbed house.

anyway - it is possible for council s to put a closure order on seriousl y bad properties, prohibiting rental until they are repaired.

[FourFriedChickensDryWhiteToast]

oh ha ha ha...

I am sure not all landlords are evil bastards ... but my present one is a joker, as i have described. I mean, he has this 'sham tenancy' agreement that states he can let himself in at any time if the tenant is more than 14 days late with the rent...
Yet he wants it to act like an AST when it suits him.
I pointed out to him that this was not legal and lucky me he has not spoken to me since..:)
Ah well better than pretending to be friendly with him, and having him tell me 'I am obviously an intelligent woman'..
LOL i KNOW i am intelligent, thanks, that is why i know what he is up to.

[FourFriedChickensDryWhiteToast]

oh! so what would constitute conditions bad enough for a closure order? HOw bad would it have to be?

[specialsubject]

dont know , i dont rent out a shithole.

[FourFriedChickensDryWhiteToast]

i am sure you don't.

[WordInYourShellLike]

Ooh sorry, didn't realise I'd had a few more comments on here! Sorry to hear you've had such a shit LL Chickens but glad you're going to get somewhere better to live. We're not in as bad a situation as you have been - our LL isn't a bad bloke but the agent (his next door neighbour who has only recently set herself up as an agent) seems to be a wrong'un. The rent is very low for the area and there is literally nowhere else for us to go at the moment. We'll keep an eye out though. As the weather gets warmer, the mould is not as bad but I'm not going to drop the pressure. This will get sorted out. I've pulled up my big girl pants now and I feel a bit more prepared to tackle this head on. Cheers for all the replies and support everyone

[FourFriedChickensDryWhiteToast]

Seriously Wordin, it doesnt matter if he is 'not a bad bloke'.

He IS a 'bad bloke' because he is renting you a damp mouldy house when you have children.

Have no hesitation in phoning housing standards.

Do you think he might be using an agent in order to get out of his responsibilities?