Asking my landlord

[EmilyandLuke]

Hi. I live in a rented flat which has very old, single glazed windows. They are constantly covered in mould and the window in the children's bedroom is now leaking. There is actually a 2-3cm gap when you try to shut the lounge window as it has now fused and you cannot shut it all the way. Because of this there is a constant draught and the heat quite literally goes out the window. The wood surrounding the windows is eroding and they really are in a very poor state. Thankfully the rest of the flat is fine. AIBU to ask my landlord to upgrade to double glazing? I'm not sure they even meet the EPC rating. I am a single mum of 2 young DC in the middle of a university degree and unfortunately not in a position to move at the moment. Thanks for reading.

@orangenasturtium

So you don't have a Gas Safety Report (it has to be renewed every year) *@EmilyandLuke* (assuming you have gas)? What about a carbon monoxide alarm? It can be a criminal offence if your landlord hasn't undertaken gas safety checks.

I don't have gas no, our block is all electric

OK.

So he cannot start eviction proceedings with a simple S21 notice, even if the covid regs were not in effect! He has to make good his errors before he can do that! That means supplying you with ALL the paperwork and returning your deposit!

Yes, you will automatically get your deposit back before he can legally start eviction proceedings. And you can also take him to court for compensation for not having protected your deposit... the government give tenants the fine as it means they then police bad landords, leaving the government free to do something else!

From Shelter:
Your landlord will have to pay your deposit back to you before they can evict you with a section 21 notice if:

your deposit wasn't protected and it should have been
your deposit was protected late
Your landlord also has to give you 'prescribed information' - this includes details about the property and your deposit. They won't be able to evict you with a section 21 notice if they haven't given you this information.

So your worse case scenario is that you take your deposit and move somewhere else before April next year but you will have money to do so!

But your landlord should see sense and at least start remedial work - don't let him know you are aware of his paperwork errors, save that for if/when you do leave.

CAB are useful, tell you how and when to follow that up!
www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/taking-your-landlord-to-court-if-they-havent-followed-the-deposit-rules/

Basically, however bleak it seems right now you will 'win' in the end!

So ring him and ask him to do something about the fact that your windows won't close, that it is bloody cold and you have kids.

If yu have no solid fuel, coal or log burning, fire you don't need a CO alarm!

And you will have an extra stick next year if he doesn't give you an electricity safety certificate!

The regulations came into force on 1 June 2020, they apply to new tenancies from 1 July 2020 and existing tenancies from 1 April 2021. The relevant date for determining when the new requirements apply is the date on which the tenancy is granted. A new tenancy is one that was granted on or after 1 June 2020.

www.gov.uk/government/publications/electrical-safety-standards-in-the-private-rented-sector-guidance-for-landlords-tenants-and-local-authorities/guide-for-landlords-electrical-safety-standards-in-the-private-rented-sector

@CuriousaboutSamphire

OK.

So he cannot start eviction proceedings with a simple S21 notice, even if the covid regs were not in effect! He has to make good his errors before he can do that! That means supplying you with ALL the paperwork and returning your deposit!

Yes, you will automatically get your deposit back before he can legally start eviction proceedings. And you can also take him to court for compensation for not having protected your deposit... the government give tenants the fine as it means they then police bad landords, leaving the government free to do something else!

From Shelter:
Your landlord will have to pay your deposit back to you before they can evict you with a section 21 notice if:

your deposit wasn't protected and it should have been
your deposit was protected late
Your landlord also has to give you 'prescribed information' - this includes details about the property and your deposit. They won't be able to evict you with a section 21 notice if they haven't given you this information.

So your worse case scenario is that you take your deposit and move somewhere else before April next year but you will have money to do so!

But your landlord should see sense and at least start remedial work - don't let him know you are aware of his paperwork errors, save that for if/when you do leave.

CAB are useful, tell you how and when to follow that up!
www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/taking-your-landlord-to-court-if-they-havent-followed-the-deposit-rules/

Basically, however bleak it seems right now you will 'win' in the end!

So ring him and ask him to do something about the fact that your windows won't close, that it is bloody cold and you have kids.

Thanks for all your help. If he does refuse to fix the windows (which I don't think he will do, but I'm thinking worse case scenario) what should I do?

Cross that bridge when you get to it. Just mae sure you have written/email proof of everything! If that means emailing him after a telephne conversation to lay out what was said, then do that!

Environmental Health is the place to start

CAB or Shelter would be one starting point.

Come back and ask again if he proves difficult!

And remember, you hold a lot of punitive cards. Just don't tell him, keep them in reserve, a smug secret!

Sounds like others have good advice for you re legal side - won’t comment on that as no expert (except to say of course the faulty window should be fixed)

Your LL may resist replacing the functional windows as its v expensive: I haven’t replaced my own for the same reason, single glazed UPVC in a older property

Re the mould: you can get rid of this yourself by 1st cleaning with a bleach solution, wiping windows down each morning with a towel etc, and airing each room for maybe 20 mins daily

What I can comment on is cold windows: I suffered through them 1st year in the home I’ve bought
2nd year I bought blackout /thermal blinds which made a huge difference warmth wise - £300 for 1 room (bay & a normal window) vs £13k for double glazing. Those were made to measure, I expect you could get thermal curtains for a lot less at Argos/dunelm etc and they would be yours to keep (you could ask LL too of course, but buy your own if he doesn’t agree). There are also plastic films to retain heat which are not expensive at all

I have NEVER lived in a home with double glazing: while it would be nice, it’s really expensive and heavy curtains do a lot of the job.

Hope it’s helpful to you

Your landlord sounds like a typical clueless accidental landlord. He is doing his best and repairing little things for you but doesn’t have the cash flow to fix a window. He is apparently so ignorant he hadn’t protected your deposit, did not give you how to rent booklet (easily solved by emailing you a link), had not ever done EPC, does not ever test the gas appliance, does not install carbon monoxide alarm (do you have open fire or gas appliance) does not have fire and smoke alarm, does not have electric safety certificate. What does he do other than taking the rent? This isn’t the Victorian period, is he aware of that?

He may have all the best intentions but housing other people and children is a serious matter and landlords like him that give landlord a bad name. All the above regulations are readily available on so many websites. Any 30 seconds research will give him all he needs to know.

No need to think about eviction at this point. There is a huge backlog of eviction notice countrywide due to eviction ban, and he cannot possibly benefit from eviction notice when he hasnt adhered to any of the regulations.

Fire, gas safety and electricity certificates is what i am more concerned about. As consequences could be deadly if anything goes wrong. and they don’t cost very much to put right. Provided the property is safe and up to standard, getting the certificate and alarms shouldn’t be more than three/four hundred pounds.
If the testing flags up any issues they should be solved immediately as you have two toddlers and he has a duty of care.

Window should be fixed so that it is functional. Asking for a upgrade could come across a bit cheeky and he is unlikely to agree. Money should be spent on testing and making the property safe. The green grant is however an excellent suggestion, ideal for accidental landlords.

In the future, avoid landlords like him. Cluelessness will land both of you in trouble. To move on you need to pass credit check some agents ask for landlord reference. It is best to work with your clueless landlord than reporting him, unless benefit and council housing is your goal of course.

@roastedsaltedpeanut You don't need a gas safety certificate if there's no gas 🙄 as per OPs previous comment.

Ditto CO alarm if it's an all electric flat- like OP said it was

@roastedsaltedpeanut

Your landlord sounds like a typical clueless accidental landlord. He is doing his best and repairing little things for you but doesn’t have the cash flow to fix a window. He is apparently so ignorant he hadn’t protected your deposit, did not give you how to rent booklet (easily solved by emailing you a link), had not ever done EPC, does not ever test the gas appliance, does not install carbon monoxide alarm (do you have open fire or gas appliance) does not have fire and smoke alarm, does not have electric safety certificate. What does he do other than taking the rent? This isn’t the Victorian period, is he aware of that?

He may have all the best intentions but housing other people and children is a serious matter and landlords like him that give landlord a bad name. All the above regulations are readily available on so many websites. Any 30 seconds research will give him all he needs to know.

No need to think about eviction at this point. There is a huge backlog of eviction notice countrywide due to eviction ban, and he cannot possibly benefit from eviction notice when he hasnt adhered to any of the regulations.

Fire, gas safety and electricity certificates is what i am more concerned about. As consequences could be deadly if anything goes wrong. and they don’t cost very much to put right. Provided the property is safe and up to standard, getting the certificate and alarms shouldn’t be more than three/four hundred pounds.
If the testing flags up any issues they should be solved immediately as you have two toddlers and he has a duty of care.

Window should be fixed so that it is functional. Asking for a upgrade could come across a bit cheeky and he is unlikely to agree. Money should be spent on testing and making the property safe. The green grant is however an excellent suggestion, ideal for accidental landlords.

In the future, avoid landlords like him. Cluelessness will land both of you in trouble. To move on you need to pass credit check some agents ask for landlord reference. It is best to work with your clueless landlord than reporting him, unless benefit and council housing is your goal of course.

Of course benefits and council housing aren't my goal. I wouldn't be in the middle of a university degree if they were. That was a bit unnecessarily rude.

He can at least fix the window,it his legal obligation. Until the gap issue is fixed, extra wide sellotape will keep draught out (I had similar issue ,this worked as temp fix). The woods damaged already so no prob there. The mould shouldn't be there if you're airing the room daily. Are you drying damp clothes daily? Remove mould with bleach and air religiously & it shouldn't return, unless it's in the wall itself & seeping thru brickwork.

P

Roasted salted peanut. - 'He does not ever test the gas appliance'

Possibly for for this reason:

I don't have gas no, our block is all electric

But don't let the truth impede the landlord bashing.

TBH, grumbling that posters trying to help are being “rude” is a bit counterproductive. You might be in the middle of a university degree but you are flagrantly clueless about your rights as a tenant, so your ability to research tenancy data isn’t very impressive.

At 18 yrs old (no degree) I was better informed about tenants rights and deposit protection, pre-internet, than you are now ( a time when info is so easily available). Do your research!

You Must have seen the state of the windows in the flat two years ago when you moved in? Why didn’t you ask about it then? Why didn’t you ask about your deposit security? Why didn’t you go through a real estate agent?

The information you should already have is readily available from many official sources, you shouldn’t need to be spoon fed by MN, so don’t grumble at people who are trying to help you. Blimey!

I'm in private rented accommodation and have just this week had an issue where our landlord has agreed to replace all windows. We had no fight (thankfully) but I'm sure that the only 2 things your landlord is legally bound to ensure you have is a working/safe boiler and functioning windows that are of a good standard. Get your landlord round for a look. Good luck!

@bootkin, you're being a bit unfair. The OP may not know as much as you did about tenants' rights (though she does seem more able than you to pluralise correctly). But she's asking here because people on here are often knowledgeable and helpful.

You show your own ignorance when you ask why she didn't 'go through a real estate agent'. It's not uncommon, and not automatically a sign of a scam, for a landlord to market their property without using a lettings agency. It is sometimes a sign that the landlord either can't afford an agent, or wants to cut corners - but that isn't an excuse for the landlord failing to abide by the law.

Why is the mere mention of council housing “unnecessarily rude”?

What’s wrong with council housing? It is designed to help people in need, albeit being taken advantage of to a degree (IMO its still supporting the poor and needy of the country which is absolutely necessary and shouldn’t be stigmatised, but that’s another topic for another day). If you were a single mother, trying to do a degree with two toddlers and are struggling with a rogue landlord you should absolutely seek help from the council. Why do you have such deep seated prejudice against council housing and benefit? You would bite back at the mere mention of the name? Sensitive much??

I am no longer willing waste my time to help. And I apologise profusely I missed the one line about you not having gas. How dare I even mentioned gas certificate. I truly am terribly sorry, how unprofessional of me as a stranger on mumsnet 🙄

Your OP should come with a disclaimer with all your prejudices so that no one dares upset you. Please don’t cloud Mumsnet with your ignorance and ingratitude.

All the best of luck

If your deposit isn’t protected and you’ve never received the how to rent guide it leaves you (weirdly) in a good position regarding getting it back
Regarding the windows if they are that bad speak to environmental health at the council, they will come and check the whole flat, not just the windows and issue an order for the landlord to fix things in a certain timeframe.
Also if you do this you are protected from eviction as to do so would be a retaliatory eviction which are illegal.

I used to deal with the legal side of lettings for a living, feel free to PM me