To ask what you'd do re landlord?

[HarleyQuinn21]

Hi all,

I am posting here for traffic as I need as much advice as possible but if it needs moving to legal or something I'll ask the Mumsnet to move it but here's the situation:

My mum and dad have lived in the same property for 20 years, never missed a rent payment (apart from one time it was two days late and the landlords ex husband was peering through their window to see if they still lived there ) the house is in bad shape, damp, mold and all sorts, the landlord has never fixed these problems and actually they haven't had their gas servicing every year (they live in Spain so hasn't ever looked at the house since she left), my mum and dad just couldn't be bothered to move which is entirely their fault so not blaming the landlord for this as it was their choice to put up with a crap landlord. Well my dad died in march, he started being unwell in January and was hospitalised in February, I thought he paid January's rent so I paid February's and March and then notified the landlord that my dad had passed away and my mum would like to remain in the house (memories and all that), a week later after my dad's death she told me that she wants to sell the house and is going to give my mum notice to move out, fair enough it's her house but now she's told me in April that January's rent wasn't paid and we now owe her £900, my mum has learning difficulties and can't work, she's literally just been awarded UC and weve applied for PIP etc and on top of that she needs to save for a deposit on a new house and the landlord wants hers back and I haven't got a clue how we're going to pay it, my mum is viewing a house on Monday as landlord wants her out as soon as possible but I have no idea what to do, I can't pay it as I'm on maternity leave and have my own bills to pay - any suggestions please?

@MrsMoastyToasty

I'm sorry to hear about your dad.

Have a look at a benefits website like entitledto.co.uk
Check that your dm is getting all the right benefits. Maybe housing benefit and definitely 25% discount on council tax.

Op said she's applied for universal credit which will include a housing/ rent element, only pensioners can make new claims for housing benefit.

Try to avoid the LL taking your mother to court to evict her. If there is a court judgement against her for non payment of rent, other private can check that online, and may not even consider her as a new tenant.

It would be far, far better to come to a private agreement with LL to repay any missing rent, and that mother will voluntarily move out as soon as she can arrange a new tenancy.

Ask CAB how to contact the local council'd debt advisory service; they may be able to help your MUM satisfy the LL that the back rent will be paid off over time after she leaves. Also ask Shelter whether your local council operates a loan scheme for tenancy deposits .

It would be very much better to remain on co-operative civil terms with the LL (because Mother will be asked for a LL reference when seeking new tenancy).
" Mrs x and her late husband have been my tenants for 20 years with no problems " is worth aiming for.

The point of the 'don't worry' style posts was to let OP know that court, bailiffs and CCJs are 12-18 months down the line.

She has plenty of time to work out how best to help her mum.

That and the landlord has more to lose, even given the little details that we have.

your mum might be able to apply fora Rent Repayment Order,

I think this is worth highlighting, your mum might actually be eligible for a substantial repayment.

Normally I would put references from the landlord higher up the priority list for the tenant but in this case the landlord may actually be significantly negligent.

Talk to a housing professional about how to look into this.

[quote Woodnine]@HarleyQuinn21
It sounds as if the house is in a poor state and may not meet licensing requirements. If that’s the case your mum might be able to apply fora Rent Repayment Order, in which the landlord will have to refund some of her rent. Definitely contact shelter for advice.
england.shelter.org.uk/legal/housing_options/private_rented_accommodation/rent_repayment_orders[/quote]
so far as we know, the LL has not committed any of the listed offences that trigger a RRO.

As the OP says, her parents chose to live with the damp/mould problems and did nothing about them. The LL lived abroad ; so LL's first line of defence will be " I haven't seen the house for many years so had no idea they have let it get so run down ; they never told me about any problems . They just paid the rent so I assumed they were happy and all was well.. How strange that nobody ever told me ".

Some people are just bloody heartless. They were good tenants for 20years and one missed payment and it's as if the 20 years didn't exist. Sorry for your loss op.

I've already said this to my mum although she said my dad told her over the phone but obviously no proof, but with regards to the smoke alarm checks (they don't actually have smoke alarms), gas servicing and electrical checks that's a legal requirement for the landlord not the tenant? Right?

Yes...

Re rent repayment... I suspect this is a distinct possibility.. The landlord should pay your mum bakc her rent...

Also what deposit did your parents pay? It had to be put in a proper depósit scheme... If it has not been paid into one.. The fines for this are loads... I think multiple of the deposit amount.

@IamtheDevilsAvocado

Yes...

Re rent repayment... I suspect this is a distinct possibility.. The landlord should pay your mum bakc her rent...

Also what deposit did your parents pay? It had to be put in a proper depósit scheme... If it has not been paid into one.. The fines for this are loads... I think multiple of the deposit amount.

I'll have to ask my mum, they moved in the property in 2001 - I think it was £100 or something.

gas servicing and electrical checks that's a legal requirement for the landlord not the tenant? Right?

Yes.

Actually it looks as though rent repayment applies more to multiple occupancy houses not single family homes.

Although if they evicted your mum now I would check if that was a breach.

But the laws around gas safety and the new electrical checks are relevant to your mum.

Sounds like your Mum is vulnerable, perhaps the local council could find her a sheltered housing placement?

So that deposit should have been returned or protected over a decade ago.

Smoke and other alarms should have been installed years ago.

Gas safe yearly. Electric by June this year.

And the EPC rating last year.

ALL the landlord's responsibility.

And more.

I'm not suggesting you do anything with that knowledge other than use it to stall the landlord if they get too pushy. But 2 or 3 of them carry automatic penalities.

@Ineedaneasteregg
The rent repayment order applies to HMOs but also to non-HMOs. It is highly unlikely a house without an up to date gas/boiler service will meet licensing requirements. The landlord likely owes the OPs mother several thousands of pounds and should think him/herself lucky they have got off so lightly thus far - and I say this as a landlord myself.

Long term stability for your mum I’d advise her to stick it out. Let them issue section 21 notice. They won’t be able to get hearing for months then there is a process after that.

Meanwhile your mum goes in housing register and gets rebanded once she is at risk of homelessness.

Come to a repayment plan with landlord and make them do Electrical and gas checks.

@murbblurb

I am sorry for your loss and the situation.

Quite high on the 'worst landlord ever ' stakes. There are so many things wrong here it is hard to know where to start. If the property is in England then:

• notice of legal action which may result in eviction is six months
• actual time to eviction about two years even after the ban is lifted
• eviction notice not valid if landlord legal responsibilities not complete : gas Safe, smoke alarms , electrical check etc etc etc

So your mum does not have to leave whatever the landlord might say. Unpaid rent makes a bit of a difference but still has to go to court.

All the info is online from how to rent at gov.uk. you could ask shelter to do something useful .

Sounds a real shit hole so your mum does need to move - may also be worth contacting the council given her vulnerabilities. Does of course depend on other accommodation being available if course.

Murbblurb has given you some great advice here. It's also worth mentioning that if they moved in before 1997 and they weren't served the correct paperwork then their tenancy could be an assured tenancy (not assured shorthold) which would afford her special rights.

If Landlord is wanted to evict your mother then she may be advised the following:

1. To get your mother to sign a deed of surrender
2. To get your mother to sign a new assured shorthold tenancy agreement with a 6 month break clause which would override the original agreement and allow them to serve the current notice of 6 months

Make sure your mother doesn't sign either of these, or anything for that matter until you understand the implications.

Also even though she might be happy to move elsewhere it's likely rental prices will have increased significantly in the past 20 years so you will need to take as much time as you can get.

weirdy yes! 1997 is another important date.

See, OP. Lots of reasons not to rush or be at all anxious.

Landlords like this make me so angry as they give every landlord a bad name. I am a landlord and I make sure the flat is in the same, or better, condition that my own house is in. Your mum must be given 6 months notice but if it was my mum I would get her out of there now and away from that landlord and house.

Yes please check out what type of tenancy she has

One very important question which I can't see has been asked- was it a joint tenancy?
If only in your father's name and they were not married then your mum has no liability for the rent at all and that's tough on the landlord for not sorting it sooner.

However it does also mean that the landlord would not need to serve a section 21 and would only have to give reasonable notice. No court order required.

Lots of incorrect info on this thread OP- speak to somebody who specialises in housing law

@Sargass0

One very important question which I can't see has been asked- was it a joint tenancy? If only in your father's name and they were not married then your mum has no liability for the rent at all and that's tough on the landlord for not sorting it sooner.

However it does also mean that the landlord would not need to serve a section 21 and would only have to give reasonable notice. No court order required.

Lots of incorrect info on this thread OP- speak to somebody who specialises in housing law

It's a joint tenancy

@HarleyQuinn21

ahh in that case at least your mum has some protection and has some time to sort things out. Its really stressful having to deal with moving as well as being bereaved. Am sorry about your dad btw (I should have said that in my post)
Negotiate with the landlord if you can - ring private rented standards at your local authority so they can inspect... might give you some leverage regarding the rent that's owed.

I think it might be worth contacting environmental health and social services. Rather than private rent they might find your mum some appropriate accommodation.

If my mum likes the property she's viewing on Monday and gets it, do you think it's worth paying the £460 that's owed and arranging a payment plan for the rest? I know what you're all saying and I appreciate the help but with everything that's happened this year, I don't want any hassle and just wanna get on with it, I want her out asap really.

@Woodnine not all areas ask for landlords to be licensed though.
I've just finished being a landlord and my area had no licensing requirements.

I did have to have the deposit secured, the gas checks done yearly, the electrics checked, only four weeks deposit held etc.

I would honestly come to an agreement with the current landlords that you won't report them for their failures, which would give them a massive fine if they waive the owed rent.

That is in their financial interest.

I would also ask for a reference from them.