Shitty housing situation, can anyone advise?

[GuinnessLover]

Moved into what I thought was a great house just under 6 months ago. No end of problems, wood on door to back of house has swollen and I can't open it, which means walking my laundry round the front of the house to use the outside washer, and 4yo son can't play in the garden without going round the front so hardly goes out there. Lights flash on and off because of dodgy electrics. Guttering has fallen down, shower isn't working properly etc etc. Reported to landlord through agency (who have been great) but they're not responding, still hasn't been fixed. Agency can't fix without landlord permission.

They sent me a letter 3 months into my tenancy to say they were increasing my rent at the 6 month mark by 15%. I can't afford this so went back and asked if they could negotiate. No answer. Lettings agency said they advised against this but they are bound by their clients. Very apologetic.

Lettings agency have now found me a new house, which is beautiful, views over the city, 5 minute walk to the school I'm applying for for my son, and is within my budget. They're not even going to put it out to market as they say they feel a responsibility to rehouse me. It's a long term let and I can stay there as long as I like.

Only problem is they want to let it out from the 10th January. My rent runs from 16th so I've passed the deadline this month to give my notice, and I can't move out now until the 15th Feb. I can't pay bills and rent on two houses for a month because I just don't have the money. I don't want to let my dream rental go because of this.

The lettings agency phoned this morning and said that as soon as I move out they are cutting ties with my landlord because of how appallingly I've been treated. They will try and negotiate letting me move out early but they don't think the landlord will allow this.

Does anyone have any advice on how I manage this? Is there ANYTHING I can do? I don't think I can find the money and am panicking.

How can it be a fire hazard and have an electrical safety certificate all at the same time?

It might be worth ringing Shelter to get some advice OP. Your landlords clearly a nightmare

The electrician told me off the record and obviously didn't want me to say anything but obviously I wasn't just going to sit back and take that. I'm so angry. Hopefully it isn't a big issue but the fact he knew about it and refused to have it done is awful.

Be sure to take photos and otherwise document.

I've just checked my contact and I only have a gas safety record, not and electrical one. I've asked the agency to provide it if there is one.

Would your electrician friend be willing to do a full report on your behalf if the LL's won't?

It does take a while to get the deposit back fyi OP, if your landlord has been responsible and put it in the deposit scheme. You need to check your tenancy as sometimes deposit return is subject to final checks/inspection/tenancy clean etc etc.

@GuinnessLover can you get what both electricians have said in writing?

Contact Shelter and ask for help. You may be able to move out and claim this was initially a decant due to the house being unsafe and those written statments by electricians back that up.

Yes, landlord could take you to small claims for the missed rent but you would have time to pay back in installments if you lose. If you win, they get nothing.

Take the new house. Call Shelter for advise on legalities of leaving current lease without due notice due to hazardous conditions and then fight back down the line in civil court if it ever comes to that.

Take the new house.

Leave the old ones on the grounds that you reasonably believe the electrics to be dangerous, and the landlords lack of action in investigating this issue and addressing any issues. Keep hold of ANY evidence you have of this, including videos of the problem if possible.

The landlord can only keep your deposit or part of it for very specific reasons.

They can take you to small claims court, they might well do that but with evidence you left the property for bloody good reason, you stand a strong chance of winning, and of getting back your deposit, and if you DID lose... you'd pay back in affordable installments.

Just found the electrical safety thing in my emails which says it's satisfactory. That's not to say there isn't an issue now though.

@GuinnessLover It's mandatory to provide an electrical safety certificate. I'm surprised the letting agent hasn't picked this up.

Call Shelter for advice.

Yes but it's quite something to go from satisfactory to dangerous in less than six months unless some damage has been caused.

In any case, I'd speak to Shelter and find out what your options are. Are you still in your fixed period?

Speak to the council, they can pay your deposit to avoid you being homeless & report the landlord to their rentable standards department, they can prosecute the landlord for renting out a house that is dangerous & unsuitable to be rented out. Chances are the landlord will be selling if they refuse to bring the house up to a lettable standard when you move out.

What’s the expiry date on your EICR and when was it done? Any advisories on there? They’ll be listed as C1, C2 or C3 depending on severity

This. All councils have an emergency fund for situations like yours – see the Govt link below. They will help you secure the new place if you explain the situation. The fact the lettings agency is on your side is brilliant. And definitely report the landlord for being rogue, citing what the electrician told you. Good luck!

www.gov.uk/private-renting/deposits

Contact the Environmental health team at your council to report the defects and the lack of action by your landlord.

Even though you're moving out, they can take action against landlord

What does your contract say about notice? It would be really unusual to have to give notice on the day you pay your rent, so if your contract says one month you could contact your landlord now and end the contract on 23rd January. You'd have to pay one week's rent to the old place on your next due date and you'd have two weeks overlap, but it's better than a full month or more. Speak to your agent about notice if you are unsure and make sure you hand it in tomorrow before we get into the weekend and bank holidays.

Legally your deposit should be held in a third party rent deposit scheme who can adjudicate any disagreements about what you are due back. If your landlord has failed to place your deposit then you can go to court pretty cheaply to get it back plus compensation. Speak to Citizens Advice about this, or there is some info here: www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/taking-your-landlord-to-court-if-they-havent-followed-the-deposit-rules/

Weirdly it says when I give notice it has to expire on the day prior to rent being due. So as I pay rent on the 16th i have to give notice on the 16th of the month prior, and vacate on the 15th. Spoke to CAB and they said they'd never heard of this before!

Electrician coming tomorrow morning now as lettings agent have decided it is necessary.

So...

You have a Gas Safe cert
You have an Electrical Safety Cert
An inventory

A deposit certificate - check here england.shelter.org.uk/housing_advice/tenancy_deposits/check_your_tenancy_deposit_is_protected

An EPC certificate - check here www.gov.uk/find-energy-certificate

You can and should report the issues to your local Environmental Health Dept

And you should also ask the agent to help you persuade the landlord to let you leave without penalty

Also contact your local housing office, see if they can help.

Before you do move out, remember to take photos of how you left the house (clean and tidy) and also photos of the defects that you reported. That way if the landlord tries to keep your deposit, you will have photographic evidence. My landlord tried ripping me off, but fortunately, my oh had the good sense to photograph every room or else I'd have lost my deposit.