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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think my landlord should pull his finger out and get this sorted?

28 replies

TheLadyEvenstar · 07/08/2010 15:44

Rather than telling me to find a builder to carry out the work?

mine and ds2's bedroom

I have just taken the carpet up as it was black with wet and mold

OP posts:
JuicyLips · 07/08/2010 15:49

yes, that is pretty bad. Cant be good to live in those conditions. Your landlord certainly should be fixing that P.D.Q. for you. hope its remedied soon!

Firawla · 07/08/2010 15:50

can you not get a builder to do it & send him the bill since he asked you to sort it? but of course cost is his responsibility
i think you are allowed to take cost off your next rent? maybe double check first though

TheLadyEvenstar · 07/08/2010 15:55

that is just part of the works needed doing.

there is the
ensuite
ds1's bedroom
the family bathroom
the leak into the cellar

I genuinely could not afford to pay for the work needed Sad

OP posts:
LittleMissHissyFit · 07/08/2010 16:00

Sweet jesus! Take yourself off to the CAB, with your contract, I think that he has a duty to repair and upkeep.

The council may have a housing officer that can help, either to tell the LL to pay up and sort it, or to find a reputable builder to do the work.

Shelter can help in all legal advice issues too.

Have you tried posting on the Legal Matters forum?

TheLadyEvenstar · 07/08/2010 16:03

This is the thing, in Feb 2009 I refused to sign a new tenancy until he had completed the outstanding repairs from August 2008....I have a rolling tenancy now, basically it runs from month to month, i have no legal up to day tenancy.

OP posts:
mousymouse · 07/08/2010 16:07

call the environmenatl team of your local council if he does not do anything about it *till, lets say, tuesday.

mold like this is not healthy at all.

katerum · 07/08/2010 16:09

like miss hissy said, the council can do the work, then bill the landlord.
get on to them.

YANBU!

LittleMissHissyFit · 07/08/2010 18:51

You are now on a statutory periodic contract.

Your tenancy agreement is as legal as a new signed contract, only special terms in it are potentially able to be challenged. Notice periods above and beyond the statutory 2m for landlord, 1m for tenant for example. Otherwise the terms do hold.

Statutory Periodic Tenancies
These tenancies usually come about when the fixed terms of Assured and Assured Shorthold tenancies come to an end but the Tenant stays on ("holds over") with the Landlord's consent. The terms of the tenancy remain the same. In the case of a periodic tenancy following on from an Assured Shorthold Tenancy the Landlord and the Tenant both have the additional right to end the tenancy by giving the required amount of notice

I got all this from here

What are my responsibilities for repairs to the property?

The respective responsibilities of the Landlord and Tenant for repair and maintenance of the property should be specified in the agreement between them. If they are not the responsibilities will depend on a number of factors including the length of the tenancy and the date it commenced.
In general the Landlord will normally be responsible for:
ensuring that the property is fit for habitation at the beginning of the tenancy (if let furnished)
repairing the structure and exterior of the building
repairing and keeping in working order the water, electricity and gas (if fitted) supplies, and the sanitation (drains, basins, sinks, baths and WCs)
repairing and keeping in working order the room and water heating equipment
the common areas in multi-occupancy dwellings

You will normally be responsible for:
using the premises in a tenant-like manner, doing such small jobs as unblocking drains, cleaning chimneys, mending fuses, etc
repairing and damage which he or she has caused
keeping the premises clean

He failed to carry out his responsibilities under the original contract, so was in clear breach then. Do you have any written communications to back this up?

Go talk to the CAB, they will tell you who to talk to in the council to get the work done.

Don't panic, this is all doable, if all else fails you can withold rent in lieu of the building costs. But get a solicitor on board to help if you can.

Definitely ring the environmental people.

TheLadyEvenstar · 07/08/2010 19:14

I am going to ring environmental health first thing monday morning.

I am also going to ring housing options and see where i stand on the housing list.

OP posts:
veritythebrave · 07/08/2010 19:19

This reply has been deleted

Message withdrawn at poster's request.

splashy · 07/08/2010 19:19

could you move?

it's shocking that your landlord is behaving like this and would seem you are better off finding a decent one.

i can't believe he is expecting you to invest your money in his property, that's beyond cheeky.

TheLadyEvenstar · 07/08/2010 19:27

The thing is I have got to make an application to the council for rehousing as I am in a 2 bedroom property and due to circumstances I have been advised to apply for a 3 bedroom. So DS2 can have his own room.

Now that said, I know it will be a while before I get somewhere even with medical grounds.

So I will contact environmental health Monday, send them the photos I have taken and see what they say.
I will also be waiting for a reply from landlord who I emailed today with the photos yet again!!!

Thankyou all for your advice I really appreciate it!!

OP posts:
LucyLouLou · 07/08/2010 19:36

What are the circumstances that mean you have been advised to go for a 3-bed and not a 2-bed? Is there a big age gap between your DSs? I ask this because in my area (and no doubt in most if not all others) it is much more common for 2-bed properties to become available than 3-bed ones (flats and houses rather than mainly houses). At this point, I imagine the most crucial thing is to get out of where you are and if the children are young or close together in age, could they not share? Most councils/HAs would say that.

As for where you stand legally, I was about to quote similarly to LMHF. Those pictures were quite shocking. Best of luck, you deserve better.

TheLadyEvenstar · 07/08/2010 19:39

The circumstances are DS1's behaviour which can be almost dangerous and destructive towards DS2.

there is 9yrs between them.
DS1 12
DS2 - 3 in september.

OP posts:
LucyLouLou · 07/08/2010 19:52

Okay, that makes a lot of sense now. Big age gap, worrying behaviour, I quite agree you need another bedroom in that case.

Does your son have access to help for the way he feels/behaves? Or have a diagnosis? Really am not being nosy, it's just that this (medical issues) can help in terms of points on the council transfer list.

TheLadyEvenstar · 07/08/2010 20:34

HE has been diagnosed with ODD, and they are assessing him for other things, aspergers being one of them.

We now have SS involved as well as the early internvention team and also camhs/

OP posts:
LucyLouLou · 07/08/2010 20:43

Have you told the council about this? It could get you points and bump you up the register. You should try everything you can to get a better housing situation, your landlord just seems thick (for want of a better word!).

TheLadyEvenstar · 07/08/2010 20:54

Lucy, the forms contain a medical form which is supported by the hospital.

OP posts:
LittleMissHissyFit · 07/08/2010 22:59

i wonder if environmental health could order the repairs to be made and the cost of temporary accommodation for your family.. Wishing you all the best, let us know how you get on?

TheLadyEvenstar · 07/08/2010 23:20

Hissy, i will do

OP posts:
TheLadyEvenstar · 08/08/2010 13:06

Landlord replied to my email this morning..

Sorry that this has occurred ? I am abroad now for three weeks however if you can give Tim a call from Proco he can have a look at it and get a quote ready for my return. Please however do not throw the carpet or anything away as we may need these if we decide to go down the insurance route.

Tim?s details

Again do not give the go ahead until I return

So he expects me to live like this for longer ffs and keep the carpet!

OP posts:
TheLadyEvenstar · 08/08/2010 13:08

yet he has known about it since...
RE: Hi Peter
Date: 10/12/2009 07:48:27 GMT Daylight Time

I have ordered a dehumidifier to be sent to you as per the attached ? let us know if it doesn?t turn up in a few days as I didn?t have a contact no to put on the order

Cheers

What do I do? environmental health on monday because me thinks he is taking the pee

OP posts:
LittleMissHissyFit · 08/08/2010 18:32

call environmental health and see what they say. It could be that they can help put pressure on him to agree a quote sooner than 3wks.

PDR · 08/08/2010 18:56

Gosh this is awful! What a bastard landlord leaving to you to live in such conditions!

I'd call Shelter and see what they say the best course of action is!

Your poor thing!!!!

LIZS · 08/08/2010 19:05

Yes it needs investigation and taking up the carpet at least gives the floor a chance to dry out but until the cause is identified and sorted it won't go away. EH can put pressure on ll but if he is genuinely away it may be hard to get it resolved quickly. Tenancy issue is a red herring tbh - it is perfectly legal to roll on the t and c's from an Assured Shorthold Tenancy ad infinitum, standard terms being one month notice on tenant's side and 2 on ll unless otherwise stated. At least he can't put the rent up. tbh I'm wondering why you are still there ?

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