Landlord wants more rent but won't fix leaking roof

[landlordquestion]

As per title.

LL is asking for £100 more a month starting this month. Yet we have been asking for TWO years for him to fix a leaking roof (it leaks rainwater into the property in one of the rooms - literally runs down the walls and comes through the ceiling).

What do I do?? I really don't think this is a fair ask given we don't even have a waterproof property! Is he allowed to take more money off us and continue to do nothing about this issue?

Essentially yes. RE leaking roof, write to him via email and tell him he has 28 days to arrange for the roof to be fixed or you will contact the local council who will come out, assess it, fix it and then bill your landlord x

Yanbu

After this length of time, you should consider contacting the environmental health department who deal with repairs in private rented housing.

Well yes, of course he's allowed to. Unless you refuse to pay it, or he changes his mind and charges you less, then he's going to do what he's going to do. I think you need to stand your ground, from this short excerpt you sound like a little bit of a pushover IMO.

I'd consult Shelter for advice.

It's a privately rented property, will the council be able to help?

Absolutely definitely not a pushover. More like completely worn down with life and exhausted (not just this issue but several!)

I would give notice personally, I would not be paying for a substandard house.

You can apply to the Land Tribunal for a decision on whether the increased rent is fair. You must apply before the increase is due to begin. The Tribunal does nor have the power to order repairs but will consider the condition of the property when deciding on the rent point.

There is a risk that the Tribunal will decide the new rent is fair (if it was previously low for the area/ type of property even in its condition) and an even smaller risk that it will decide on a higher rent. If you have an AST then the landlord might decide to give you notice but this is unlikely if the property is obviously in poor condition because he's going to have trouble reletting it.

As PPs have said, Environmental Health can inspect (even private rented properties) and give the landlord orders to reinstate.

In your position (and if there is time to negotiate before the new rent period) I would say to the landlord that the new rent is unfair and the property needs urgent repair. You may have to go to the Land Tribunal and Environmental Health but you would rather resolve amicably. What is he prepared to do?

Another thing - notice of increased rent has to be correctly served in a s13 notice. If not it is invalid.

Shelter's website has easy to follow guidance on all the above aspects.

I agree with other posters, write to them with an ultimatum - fix it or you go through the council. They will be able to help even with a private rental.

Yes you'll have to pay it if you want to stay.

That said why haven't you contacted the council/environmental health if it's been raining indoors for the past two years? That's your next point of call.

Another thing - notice of increased rent has to be correctly served in a s13 notice. If not it is invalid.

That's interesting. It was just communicated in a text with one month's notice

I honestly didn't think the council would be interested or able to help with it being a privately rented house.

Yes, council environmental health teams do cover private rented housing
england.shelter.org.uk/housing_advice/repairs/complain_to_environmental_health_about_private_rented_housing

Search “rent increase” on citizensadvice.org.uk

You will see there is a procedure to be followed for a rent increase and a minimum notice period to be given depending on the length/type of your current lease. Unless/until your landlord dies this properly you should not pay any more.

Landlord cannot raise the rent by any more than specified in the lease (if you have such a clause) or above general market rates. If the additional £100 matches similar properties currently on the open market then going to a tribunal is not worth it.

However landlord may react with an eviction notice if he feels you are being difficult. You need to weigh up which is the least worst option

You will also see on CAB website lots of info about enduring landlords obligations to repair. However the caution about eviction remains the same

You can refuse a rental increase and and ask for it to be reviewed by a tribunal.

From citizen's advice:

You can challenge your rent increase if you've got a section 13 notice and:

• the increase is unreasonable - for example if your home's in a bad condition because your landlord hasn't done repairs when they should have
• you haven't yet paid the increased amount

It can take a while for the process (up to 10 weeks apparently) and I'd personally use that time to find somewhere else to live. It isn't worth renting from dodgy landlords unless you have no other choice.