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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Landlord being an arse

216 replies

landlordstress · 10/02/2024 16:48

Very long story as short as possible:

We have lived in our current home (privately rented) since April 2020. House is relatively old (1920s build, Victorian style), so lots of things have started to go wrong over the past few years. Landlord is really disinterested in any repairs that have arisen. We've had issues with the boiler (which eventually required full replacement), leaks from the bathroom into the kitchen, tiles randomly falling off in the bathroom and shattering, heavy doors randomly falling off their hinges (almost landing on my toddler and instead landed on my arm to prevent this). All repairs we've needed have generally required repeated requests to the landlord before any action has been taken. The boiler issue for example went on for around 4-5 months, breaking pretty much fortnightly in that time, before landlord eventually agreed to replace it and that was over the winter months too with a baby, so totally nightmare.

The worst problem however, has been a leak in the back porch area (which is an extension on the house), which we first brought to the landlord's attention in October 2020. I know this because I was pregnant with my now almost 3 year old at the time and was concerned about slipping on large pools of water that came through the roof into the house near the back door every time it rained. Landlord did nothing. He replied to requests to fix it with comments such as "it's only a problem when the rain is coming from a particular direction" and so on... promised to get certain treatments to try and address it, never did, etc.. just fobbing us off essentially for years.

It came to a head last year when I decided enough was enough and I was sick of almost slipping in large puddles of rain water every time it rained heavily. At this point it had gone for so long the plaster work was falling off in chunks as the rain came through into the back porch area. We were constantly sending photos and videos of this to the landlord, again, nothing done to repair. So I contacted the council in desperation. They were horrified on inspection and got in touch with him, giving him deadlines and timeframes to fix it etc.

We now have a timeframe for something being done, he's apparently told the council workmen are coming round on a date in a few weeks time to put up a scaffold. However today on the phone to my partner he stated that he didn't like that we "updated" the council every time there was an issue and it felt like "tit for tat". My partner is quite a passive person and didn't challenge this but I am FUMING at this comment.

How dare he suggest we are in a "tit for tat" game playing situation here? He has forced our hand by doing nothing about the problem for 3.5 years, and now we have someone advocating for us and giving him deadlines and consequences for not fixing the issue, he has the audacity to accuse us of playing a "tit for tat" game?!

For context this is not a cheap property, we pay £900 a month to live here. And the place isn't even watertight and hasn't been for 3.5 years. The roof where the leak is at the point of literally crumbling away. I worry the whole thing is going to collapse on my toddler's head. Since our tenancy began in April 2020 we have paid this man around 41k in rent. What the hell has he done with our money and why can't he use some of that to fix the bloody state of the place? Instead of calling my partner to imply we are doing something wrong by involving the council? I am SO angry.

AIBU to have involved the council for help?
AIBU to be fuming and to expect a watertight property for £900 a month?!!

OP posts:
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landlordstress · 11/02/2024 11:15

your landlord sounds like the kind of twat who will challenge your deposit and say the damage occurred because you left the door open or did something else etc

The council's inspection report will provide evidence against this - the damage is the result of an unfit for purpose extension, that's outlined in the reports very clearly. Nothing to do with anything we have done. The rainwater is coming literally through the celiling and interior walls in multiple places - we have numerous videos showing this happening live as it's raining, and literally pouring like a tap through the ceiling and into a bucket below.

OP posts:
DancefloorAcrobatics · 11/02/2024 11:46

landlordstress · 11/02/2024 08:47

@DancefloorAcrobatics you misunderstand. The bathroom doesn't need replacing to comply with the council requirements. The leaking porch area does, and we don't need to move out for that, we just won't be able to use the back door temporarily. The leak into the kitchen from the bathroom is historic and is now fixed (after months and months of badgering him). The bathroom is very old and could do with full replacement for modernisation and cosmetic reasons, but it doesn't need replacing for safety or building compliance reasons.

This is what you say.

But if your LL provides assessments and quotes from builders and decides that the work can only be done by turfing you out, then this is what he'll do.
And luckily for him, he has a council assessment to back him up. I don't think the council will argue about the necessity of the repairs in order to hand the licence.

So what he'll do is get rid of troublesome tennant under building work disguise, maybe do some basic patch up repairs and rent out the property to the next unsuspecting tennant.
Unfortunately for you, there is a housing shortage and your LL can afford to do as he pleases.

landlordstress · 11/02/2024 11:58

@DancefloorAcrobatics it's already been agreed what's going to be done to fix the issue and we aren't leaving for it to happen, the back door will be inaccessible for a couple of weeks and there'll be scaffolding up. I've had these discussions directly with the council myself.
Please stop inventing problems that don't exist I have enough actual ones.

OP posts:
SleepingBeautySnores · 11/02/2024 12:33

I really can't believe the number of people who fail to read the full thread, and then keep coming up with problems that they think will occur, which the OP has already told us, won't happen due to X, Y, Z reasons. It's as if they want to put their 5 eggs in without taking the trouble to read the post, which in this situation is just ridiculous.

landlordstress · 11/02/2024 12:41

@SleepingBeautySnores
I know, it's becoming boring now tbh.

I've outlined all the problems I've had to deal with through no fault of my own, arising purely because of someone else's shitty, lazy, illegal behaviour, and some people have nothing better to do than respond with: "well here's some more hypothetical problems you might not have considered just to add to your stress and anxiety!"

Why? As if that's remotely helpful. 🙄

OP posts:
SomeCatFromJapan · 11/02/2024 13:03

Honestly, some people seem to believe that renter=medieval serf and if they don't tug their forelock sufficiently they deserve to be made homeless.

MikeRafone · 11/02/2024 13:58

landlordstress · 10/02/2024 22:18

It gets better. Our gas safety certificate is also out of date 😬

Again this is illegal, a fine could be issued to him, and he can't serve a section 21 successfully as the court will throw out the section 21 and he'd then be shooting himself in the foot

MikeRafone · 11/02/2024 14:01

DancefloorAcrobatics · 11/02/2024 11:46

This is what you say.

But if your LL provides assessments and quotes from builders and decides that the work can only be done by turfing you out, then this is what he'll do.
And luckily for him, he has a council assessment to back him up. I don't think the council will argue about the necessity of the repairs in order to hand the licence.

So what he'll do is get rid of troublesome tennant under building work disguise, maybe do some basic patch up repairs and rent out the property to the next unsuspecting tennant.
Unfortunately for you, there is a housing shortage and your LL can afford to do as he pleases.

the landlord can't get a section 21 through court without a gas certificate or a licence - the judge just will not stamp for the tenants to be evicted, they can't it would not be legal.

The landlord is behaving in a reckless manner and it is catching up with him, he needs to spend money to get the house signed off to be able to evict the tenant - but even then he can't evict them until 6 months after all the work has been done

MikeRafone · 11/02/2024 14:03

What happens if your landlord doesn t have a gas certificate?
What are the penalties for not having a gas safety inspection and gas safety certificate? Failure to comply with the Gas Safety Regulations is a serious offence. Being unable to provide a gas safety record is a criminal offence and landlords can be liable for unlimited fines and/or six months of imprisonment.

Fallenangelofthenorth · 11/02/2024 14:05

Honestly, just ignore the unhelpful posters who can't even be arsed to read your posts. Your landlord CAN'T evict you anyway, at least not for 6 months AND he's got the necessary licence and completed works. And even then, it would be a dick move since you could potentially claim your rent back. I think there are a fair few landlords on mumsnet and I do wonder if some are also slumlords operating in a similar way to your current landlord.

landlordstress · 11/02/2024 14:05

There are 3 factors currently that would invalidate any section 21 he tried to serve on us:

  • No licence for the property
  • No current gas safety certificate
  • the council has ordered improvement work on the property and a section 21 cannot be issued within 6 months of that happening.

He could be imprisoned for 6 months for the second one. I doubt he'll be wanting to bring that to anyone's attention, least of all a court 😬

OP posts:
landlordstress · 11/02/2024 14:06

Thanks @MikeRafone!

Honestly banging my head off a wall with some of these ill-informed posts!

OP posts:
landlordstress · 11/02/2024 14:09

Fallenangelofthenorth · 11/02/2024 14:05

Honestly, just ignore the unhelpful posters who can't even be arsed to read your posts. Your landlord CAN'T evict you anyway, at least not for 6 months AND he's got the necessary licence and completed works. And even then, it would be a dick move since you could potentially claim your rent back. I think there are a fair few landlords on mumsnet and I do wonder if some are also slumlords operating in a similar way to your current landlord.

Yes - we can apply for a Rent Repayment Order for the months we lived here and paid rent whilst he didn't possess the required licence. The maximum award is 12 months rent back... That could be expensive for him, eh.

I guess there's quite rightly serious consequences for shoddy landlords to protect innocent tenants like us from falling foul of shit like this!

OP posts:
MikeRafone · 11/02/2024 14:09

Has your landlord got the EPC rating? Again if this has not been done then he can't serve a section 21

or f he hasn't put the deposit in a scheme - he can't serve a section 21

thing is he can serve a section 21 and you can wait 55 days and then inform him of one of the points above - by the time he has done this 3 or 4 times, that gives you 220 days extra in the house without having to worry. Then he has to actually serve the section 21 correctly (which many LL don't do) and again its another 55 days before you tell him....

MikeRafone · 11/02/2024 14:11

I state 55 days as a section 21 is for 56 days - therefore tell him each time on the very last day!

Boomboomboomboom · 11/02/2024 14:12

landlordstress · 10/02/2024 17:44

@Boomboomboomboom
England.

Not being licenced acvording to some local authority rules is not an impediment to serving you a s21 notice in England.
But if the council have served him with a particular type of environmental notice that will be an impediment until the work is done

MikeRafone · 11/02/2024 14:13

I guess there's quite rightly serious consequences for shoddy landlords to protect innocent tenants like us from falling foul of shit like this!

yes there are, but the way people post on here you'd think they want you to roll over and let the LL do what the fuck he likes....

landlordstress · 11/02/2024 14:14

@Boomboomboomboom
We were literally told by the council guy who's helping us that if he threatens us with eviction at any point whilst this is going on, to let him know because any eviction notice would be illegal without the required licence.

OP posts:
MikeRafone · 11/02/2024 14:14

When a section 21 notice is invalidA landlord can serve a section 21 notice to end an assured shorthold tenancy without providing a reason or ground for possession. If a landlord serves a valid notice on a tenant the court must make a possession order.
If the notice is not valid, the tenant might have a defence to possession proceedings.
A section 21 notice might be invalid if the landlord:

  • did not serve the notice correctly
  • did not follow the tenancy deposit rules
  • failed to provide an energy performance certificate (EPC) or gas safety certificate
  • failed to provide the How to Rent guide
  • @Boomboomboomboom see point below from the shelter website
  • does not have a licence for the property where required, or has not applied for a licence
  • took a banned fee by charging a prohibited payment or retaining a holding deposit
  • served the notice after a complaint about the property (retaliatory eviction)
Shelter icon

Shelter Legal England - Section 21 possession process - Shelter England

The process a landlord must follow to evict an assured shorthold tenant after serving a section 21 notice.

https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/possession_process_for_rented_property/section_21_possession_process

landlordstress · 11/02/2024 14:15

@MikeRafone you've been really helpful, thank you so much!

OP posts:
caringcarer · 11/02/2024 14:19

landlordstress · 11/02/2024 07:43

@caringcarer
No. It is absolutely not our job to remind the LL to fulfil his legal obligations. Ridiculous suggestion

Sounds like you'd rather have your kids in what could be an unsafe building with gas rather than tell LL to get it done. Think of your kids.

MikeRafone · 11/02/2024 14:19

landlordstress

I really feel for you, in a previous life I would come face to face with people in your predicament. It's really unfair for landlords to not forfill their legal obligations.

Whats awful about this thread is the fact you can show people the laws and rules, but you can't make them actually read those rules and realise they do apply in your situation - they still believe that those rules don't actually count ffs

MikeRafone · 11/02/2024 14:20

caringcarer · 11/02/2024 14:19

Sounds like you'd rather have your kids in what could be an unsafe building with gas rather than tell LL to get it done. Think of your kids.

the op has thought of her kids and has got the council involved to sort out this rogue landlord

Boomboomboomboom · 11/02/2024 14:21

You're quite right - I didn't think the s21 prohibition applied to selective licensing but it looks like it does!

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