To think my Landlord is breaking the law? Our house is now a health hazard

[Whereyourtreasureis]

Posting here for traffic, but if it would be better somewhere else then I'm happy for it to be moved.

I moved into my house a yeR ago with DH and DCs, we loved the house and area so were willing to pay the extra rent to move here. Since we moved in though there has been problems with the drains, plumbing and kitchen, and we've had enough.

The outside drains first exploded in March. The LL was informed by the drainage firm he hired to come and clear it, that it is a very old system and he needs to replace it, or it will carry on happening. He didn't do this, and it happened again in June, again in Sept. Each time, he just arranged the drainage firm to clear the waste overflow, not fix the damn problem.
And now it has happened Again.
I should point out, by drains exploding and overflowing, I mean that every time someone uses the toilet, it isn't going where it should- the outside pipe isn't aligned with the bathroom, so the pressure drop means it isn't going where it should.
And eventually, the pressure means the back garden overflows. You can guess the rest.

I'm really embarrassed. We keep our house clean and tidy, and this is a massive upset. We contacted him again when this happened (last week), and now he is just not responding to our calls. We can't go out into the back garden, DCs can't play out there, and we can't even risk opening windows at the back of the house.

Aibu to NOT want my back garden to be a fucking toilet every few months?

Obviously not, but I am just wondering if he is actually breaking the law by not fixing a problem that is quite obviously a health hazard?

We're tempted not to pay rent this month- he would soon pick up the phone to us then

Thank you for any thoughts on this, I feel bloody ill

1. Call shelter.

1. Do not withhold rent.

1. Write to him, a letter, pen and paper and recorded delivery detailing the issue and your proposed resolution, keep receipt of postage and a copy of the letter.

1. Contact privant tenancy department/ environmental health dept of your local council

1. Don't worry about being evicted- it takes a minimum of 2 months and a court order and he can't withhold your deposit.

1. Check that you a) have an address in England or Wales on your tenancy agreement 'for the serving of notices' and b) that your deposit has been correctly protected in a tenancy deposits scheme- there are 3 and you should have been provided with details of which yours is in. If you haven't given all 3 a call and find out which yours is in. It's illegal for it not to be protected. You claim your deposit back straight from them. An eviction cannot be legal system if a and b are not in place.

Good luck.

A section 21 is no fault however the landlord would need a court order to actually evicted if the tenant hasn't moved out at the end of it. At this point the tenant can appeal the decision to evicted, pointing out that it's due to requesting repairs and the court could rule that the eviction is illegal.

Apricot - no s21 notice can be served where the deposit has not been protected, or not protected within the 30 day time limit - there have been amendments to the Housing Act (s215?) to this effect.

If the landlord is a bully / moron who makes life unpleasant for the tenant the above isn't universally helpful, but it is meant to ensure LLs have their proverbial house in order before evicting / serving notice.

Hi you say the pipework where the problem is blocked is under the garden. Since October 2014 much of the pipework under the garden is the responsibility or the water authority in your area thats the people you pay water bills to. If another properties pipes join it then they will come and sort it free of charge including digging up if required. They usually ask residents rather than landlords to ring then they can arrange an appointment at at time to suit you. Hope this helps its a better solution than moving

ps drainage firms who visit do not tell you this as they stand to loose money if nobody contacts them

stairway thanks, yes the first time It happened, the LL said it was a United Utilities issue. We contacted UU, who came out and asked us where the problem is. It is not within their scope of maintenance because it is on private property- it is directly attached to the house, contained within the back garden.

The next time it happened, LL said phone UU again, and this time they just told us that as it is a problem in the same place, they can't attend to it as it is a household issue and not covered by them.

Since then, when it has happened, LL has been harder to get hold of or deal with. Thank you for thinking of that though, I wish that was the problem!

Hi now contact Environmental Health with this information they should serve a legal notice on the landlord to repair unblock the drain. This is usually under section 59 Building Act 1984. This is served on landlord unless you have a repairing lease which is not common in houses.
This is not part of Housing Enforcement law so can be done without giving notice to landlord as is necessary under tenancy type provsions

I'd contact environmental health. I had a boss who took her LL to small claims court over his unwillingness to replace/fix the boiler.

Oh, I know that, Londonista - but I was wondering what actual protection there is for a tenant who is being evicted after requesting repairs.

I can see that a judge could refuse even a S21 if there is good reason to suppose it was a "revenge" eviction...but the LL could just accept that and then issue another S21 no-fault and then claim that, this time, it because he wants to move his pregant niece in (or whatever).

Mind you, he'd have to be a) an idiot and b) a seriously nasty piece of work to go to that trouble. Considerably cheaper just to get the plumbing fixed.

All providing that he sorts out the deposit issue first, of course.

you've got plenty of protection and help if you want to stay in this (literal) shit-tip. It doesn't even have the saving grace of being a cheap shit-tip.

please set the full force of the law on this crook of a landlord. You've got him several ways.

but is this dump really the only option for you?

I dont know how much comeback you can get our friends had rented two consecutive flats where there were very apparent drainage problems that occurred after they moved in. With damp coming through the wall causing mold to grow on their sofa and bookcases etc and all they were able to do was get out of the contract a little earlier.

They tried all avenues to complain but didn't help at all, government still needs to sort this out as its too easy for landlords to shaft tennants.

that's the point of the deregulation bill.

but it still boils down to 'don't rent dumps' and especially 'don't rent dumps from crooks'. This stops the crooks getting money.

when looking at a property to rent, I don't suggest you get a survey but do your own. Poor maintenance when the place is up for viewing does not fill you with confidence that anything will ever get fixed.

I'm just coming to the end of a year long legal battle with a wanker landlord. It was a revenge eviction over serious disrepairand even though court ordered he's refusing to pay my costs.

Do not withold rent full stop. It can causes all sorts of problems down the line.

But do contact environmental health and tenancy relations at the council.

that's awful - what a crook. Glad you are out of there, let's hope no-one else is in.

speye.wordpress.com/2015/10/24/hazzies-the-worst-landlord-awards/

name and shame, absolutely.

with the worst tenant awards, too. An equally small proportion.

these are HOUSING ASSOCIATIONS!!! Shocking beyond words.

YY special Have a read of this.

www.newsshopper.co.uk/news/bromley/8380677.ORPINGTON__Tenants_take_hostage_in_kitchen_renovation_war/

Check your pms.