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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To expect a flat that is habitable after shelling out £12k to move in

249 replies

orangefusion · 20/09/2014 22:20

I have posted this in legal but for traffic I am posting here too. I am so upset...

...I have just returned from dropping my son off at his first flat as a tennant- he is in his second year at uni having had halls last year. The flat was found by his friends while he was away over the summer and he did not see it until today.
The place is unibhabitable. There is six inches of damp above all the skirting boards, one bedroom is "being treated" the floor is soaking concrete, the whole place stinks of damp- the air is so humid that nothing will dry, it is insecure and the windows need to be open to breathe but it is a basement in New Cross- there are no bars or proper window locks so the windows have to be kept shut. The b***d landlord has taken 6 months rent off the boys, and a £2100 deposit. There was a dead rat in the bin which had clearly been a live rat when it climbed in. I had to leave him there but I wanted to bring him home again or check him into a hotel.
What rights have these poor kids got? The place is disgusting and I am at a loss to know how calling the agent is going to make any difference because they knew it was like this when they let it. They will fob me off with platitudes but they do not have to live there.
I want to cry- he was so excited about living out of halls but this is just so awful.
Any legal bods out there who can suggest the best thing for me to do to help?

OP posts:
PrimalLass · 24/09/2014 11:59

The Daily Mail would love a 'foreign' landlord story.

Original poster
orangefusion · 24/09/2014 19:25

I am feeling very despondent today.

There is a Cat 1 hazard (damp) and it appears that the place was already subject to an improvement notice from July but I am not sure where that leaves us when I want them out and a full refund. EH will prosecute if no action is taken to improve it but that is not soon enough for me, I want them out and I want good reason to get them out not excuses to prolong this agony whilst the LL stalls and lies. I am seeking proper legal advice now.

And I still have the press up my sleeve for after tomorrow when the LL says he will call me again .

OP posts:
CrotchMaven · 24/09/2014 19:39

orangefusion, have you spoken to building control? If this is an unsigned off conversion, then they had no business renting it out, regardless of the condition. The planning department might be a source of info /ammo too. Trading standards would be interested that it was let without an epc, too. (big fines for doing so).

Just to give you some legal stuff to take to your solicitor.

ItsNotEasyBeingGreen · 24/09/2014 20:26

I think that's all you can do now OP, hit him with everything you can and get the boys out of there!

Original poster
orangefusion · 24/09/2014 21:32

Crotch I think you may have hit the trump card there with the EPC and leverage. This might be just what we need- thanks. There is no EPC for the basement flat. I have checked.

I will see a proper lawyer on Friday. A day off work to sort this bloody mess out but a day well spent I suspect.

I think I may have to lay low for a bit here with updates because I don't want to risk LL stumbling across this (might be too late already) and I have probably already been a bit too public in listing his name (but thank god I did because I now know who I am dealing with).

I will be back with updates when I can offer some news. Lovely people thank you thank you thank you.

I will be around on other threads obv :)

MN you rock !

OP posts:
YesIDidMeanToBeSoRudeActually · 24/09/2014 21:41

Best of luck, OP. As mentioned the lack of EPC will incur a fine but they obviously don't give a shit about any legals if they've let it after receiving an improvement notice. Plus all the other convictions.

As I suspected, the EH dept etc will pursue them for the breaches but you will have to launch your own legal action (and the other parents, can you join forces and all instruct same solicitor to act for each of you indivually, would be much easier).

Let us know when the dust has settled, if you don't want anything public, feel free to PM me.

Singmetosleepzzz · 24/09/2014 21:45

I have just read this thread with my mouth wide open. I am so very sorry that you have been exposed to a complete nightmare! I lived in New Cross for 10 years (half that time as a student) and although we lived in our fair share of shitholes, there was nothing that bad. I really hope you get your money back - you have done exactly the right thing by supporting your son, ignore those who feels he should stand on his own feet - this situation would cause some people to break down! Shocking. The landlord should be in prison. Good luck.

CrotchMaven · 24/09/2014 21:50

The thing about the epc is that it is required for final sign off to comply with with building regs, not just needed for the letting side. That's what indicates to me that it might not be a legit conversion (if a dwelling was created where there wasn't one before) and which should give you plenty of leverage. Don't be fobbed off by them doing an epc by an assessor visiting to do one if there has been a new dwelling created. It's a whole different process (RdSAP vs SAP to be technical). You must check with building control and planning. You can check the latter on line on the council website.

Good luck. PM me if you want me to do any digging or flesh out the technical stuff.

specialsubject · 25/09/2014 09:55

realise you won't reply, OP - but it is clear you've come across one of the professional crooks here. The ones that mean that the gutter press and the landlord-haters think that all landlords do the same.

fortunately the law is on your side, Rachmann is long gone. Best of luck and look forward to more when you are able.

hearingmum · 25/09/2014 10:16

This reply has been deleted

Message withdrawn at poster's request.

AWombWithoutAFoof · 25/09/2014 10:17

Good luck OP, maybe ask MN to delete this and come back when you have a result?

Original poster
orangefusion · 25/09/2014 20:22

I am here and still KOKO. I don't want to delete the thread because I might lose useful and lovely posts- can I store it somehow?

OP posts:
londonrach · 25/09/2014 20:27

( marking place as hoping op will win against the big bad wolf)

wingcommandergallic · 25/09/2014 20:30

I know our local authority's Private Sector Housing office has used the lack of an EPC as a way of forcing landlords to improve premises. The fines for not having one can rack up because once they are ordered to get an EPC, they can be fined for each day the original fine isn't paid, or something like that.

whois · 25/09/2014 20:31

It get a worse and worse doesn't it? He's not a bad landlord, he's an out and out crook!

What a shit first experience for your son and friends.

Have you been talking to the other parents?

TribbleWithoutATardis · 25/09/2014 20:32

Print the thread off Orange.

NoodleOodle · 25/09/2014 20:37

Cut and paste to a word doc and save if you don't have a printer.

Good luck

ElizabethLemon · 25/09/2014 20:54

Wow just read your posts op, your poor ds and his friends! I can't believe the landlord, what a disgusting man. Sadly it doesn't surprise me.

We aren't too far from new cross, send your ds + friends round for a cup of tea and warmth!

Original poster
orangefusion · 25/09/2014 22:16

What dyall think? Will that LL be reading mumsnet or shall I just leave it all here. I am inclined to think that as none of this is libellous or factually incorrect I will leave it and just not post about any more things I am about to do.
I welcome anyone to pm me with ideas- some have been so helpful already.

OP posts:
CrotchMaven · 25/09/2014 22:23

orangefusion, have you been in touch with building control and planning? I can't stress how important it is that you do so. They have big powers. Powers that could mean that any court action to recover your money is a formality. I know I'm being a bore about this, but I know what I'm talking about :-). It's just a phone call, I'm not asking you to sacrifice anything!

Leave it. Use its existence or otherwise as a tool in your box.

Original poster
orangefusion · 25/09/2014 23:59

Building control tomorrow crotch. I'm not at work, day off to try to sort this stuff. Don't worry, I'll follow every avenue and thanks. :)

OP posts:
CrotchMaven · 26/09/2014 00:05

Magic. I'm off in the main tomorrow, so PM me if you want to talk stuff over.

trixymalixy · 26/09/2014 03:53

OMG, they should be banned from letting out flats, they just have no respect for the laws at all!!!

WeAreEternal · 26/09/2014 06:21

I suspect the only way the LL would find this thread is if he were to come accross it in a google search.

I have tried googling his name and the company name and this thread does not come up in the first page of results for either, and nobody really looks past the first page of results do they.

So I think this thread is safe.
Although if you are still worried you could ask MNHQ to move the thread to 'off the beaten track' that way it doesn't come up in google searches or in active conversations.

Original poster
orangefusion · 26/09/2014 19:48

The boys have decided to write to the landlord asking to be released from the lease to allow him to make good and relet to other tennants. A nicely worded letter will go to him on monday. They will leave and find somewhere else.

And if that does not work then we take no prisoners.

I have been blessed today by the help of another MNetter who has helped to dig enough dirt to put our "no prisoners" argument together. But if he will agree to let them walk and refund their money in full then all will be well and we wont be forced to use it. You know who you are lovely person with the brother here in my city, XX

Anyone know of any three bedroomed flats within 6 miles of Kensington that three clever but a bit "duh" chemistry students could rent? (only joking)

OP posts:
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