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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 14:22

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!

Yes it does.

As does the right to apply for a Rent Repayment Order for the unlicensed period. 👍🏻

OP posts:
landlordstress · 11/02/2024 14:25

@caringcarer
Yeah, you keep going with your cringeworthy attempts to make the actions and negligence of a rogue landlord who has broken the law on numerous counts, the fault of an innocent tenant who's stuck to my side of the legal agreement and always paid my rent on time.

I'm embarrassed for you. But keep going if you wish.

OP posts:
landlordstress · 11/02/2024 14:28

It's funny, isn't that, I never had to once prompt my previous LL, who as I say was fantastic, to carry out a gas safety inspection. Or BEG him for over 3 years to repair a bad water leak into the property. Or put up with verbal abuse from him. Or have him block my number. Or be forced to get the council involved to get the property into a liveable standard.

My previous LL seemed to just be, you know, a decent law abiding LL with no promoting from me as his tenant.

So yeah. Don't think I'm the problem here.

OP posts:
landlordstress · 11/02/2024 14:29

*prompting

OP posts:
landlordstress · 11/02/2024 14:35

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....

Deposit is protected - I checked that a while back. He hired a letting agent to do the tenant vetting and move us in etc, so they must have done that on his behalf.

EPC, I honestly have no idea. How would I find this out?

Gas safety is definitely expired.

Would he not be required to produce evidence of his licence plus gas safety certificate etc anyway if he filed the section 21 against us? At which point he'd then fall foul of the laws around this surely?

From what I've read we have 6 months from the date of the repairs being ordered by the council before he can legally submit a section 21 anyway (I assume to prevent malicious "revenge evictions" when a tenant reports a LL), so we have a while to find somewhere and go voluntarily.

OP posts:
landlordstress · 11/02/2024 14:44

@MikeRafone

This point is interesting- this invalidates a S21 notice, if the LL served the notice after a complaint about the property (retaliatory eviction).

Surely we'd have a really strong case to argue that its a retaliatory eviction if he goes down that path so soon after our dealings with the council.

OP posts:
Fallenangelofthenorth · 11/02/2024 14:46

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.

Do you think homeowners get a gas safety check every 12 months?

jackstini · 11/02/2024 15:41

Landlord here and agree yours is an arse. And an idiot - not doing the repairs is damaging & devaluing his property!

Landlords like this really annoy me. We never don't sort out issues asap - that's our job!

You were absolutely right to involve the council & I hope you are eligible to claim for the 12 months back rent because he has no licence

It must be incredibly stressful for you and I hope you find a new property soon (with a much nicer landlord!)

caringcarer · 11/02/2024 16:38

Fallenangelofthenorth · 11/02/2024 14:46

Do you think homeowners get a gas safety check every 12 months?

I certainly do at the same time as boiler service. Plus all my tenants have both done too.

Fallenangelofthenorth · 11/02/2024 16:43

caringcarer · 11/02/2024 16:38

I certainly do at the same time as boiler service. Plus all my tenants have both done too.

Well done you! If you're genuinely worried about all the children living in a home with a 2 week expired gas safety certificate, I'd suggest targetting the property section as I can guarantee there'll be a hell of a lot more kids in this country living in a mortgaged property with much, much older gas safety certificates.

You're tenants are a different matter. It's a LEGAL requirement for you to provide one for them. Why am I not surprised you're a landlord/slumlord?

landlordstress · 11/02/2024 17:01

@caringcarer
And do your tenants have to remind you to do the annual gas safety checks on your properties?? Like you're suggesting I should do?

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Mrsttcno1 · 11/02/2024 17:52

landlordstress · 11/02/2024 17:01

@caringcarer
And do your tenants have to remind you to do the annual gas safety checks on your properties?? Like you're suggesting I should do?

I suppose the point is that although you shouldn’t HAVE to, the landlord should keep up to date with this himself without needing prompted, considering that it is you and your young children living in the property and so it is you guys who are at risk of harm if anything is wrong, it feels really stupid and petty NOT to chase this because “I shouldn’t have to”. No, you shouldn’t HAVE to, but why on earth wouldn’t you when you are the ones living in the property who will be harmed if any issues are present.

landlordstress · 11/02/2024 18:18

@Mrsttcno1 missing the point entirely. And also my question wasn't to you.

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landlordstress · 11/02/2024 18:20

Also worth repeating here that the landlord is breaking the law currently not having an up to date gas safety certificate, punishable by up to 6 months imprisonment. People shouldn't need to be prompted not to break laws. If they're renting out a property, they need to be aware of the law and abide by it. End of discussion.

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TheSnowyOwl · 11/02/2024 18:26

This point is interesting- this invalidates a S21 notice, if the LL served the notice after a complaint about the property (retaliatory eviction).

Surely we'd have a really strong case to argue that its a retaliatory eviction if he goes down that path so soon after our dealings with the council.

Do you realise that if you wanted to take action against anything you deem your landlord to do that you think is illegal that you will have to take legal action? Are you aware of the coats of this to you and the stress? Whilst you might get some money back, you will be out of pocket and it will take a long time to get to the hearing - you won’t have a home with that landlord during that time. It shouldn’t be so unfairly against you, but unfortunately that’s the reality.

caringcarer · 11/02/2024 18:27

landlordstress · 11/02/2024 17:01

@caringcarer
And do your tenants have to remind you to do the annual gas safety checks on your properties?? Like you're suggesting I should do?

No, they are renewed 2 weeks before they run out. I used the same gas engineer and he is very good and will go within a couple of days of being asked. I'd not want my kids living in a home with outdated safety checks though. Tell the council it's expired and they can force your LL to get it done.

TheSnowyOwl · 11/02/2024 18:32

Also worth repeating here that the landlord is breaking the law currently not having an up to date gas safety certificate, punishable by up to 6 months imprisonment. People shouldn't need to be prompted not to break laws. If they're renting out a property, they need to be aware of the law and abide by it. End of discussion.

Honestly, how many do you think are found to be in breach and imprisoned?

You are woefully naive of the whole situation.

caringcarer · 11/02/2024 18:36

Fallenangelofthenorth · 11/02/2024 16:43

Well done you! If you're genuinely worried about all the children living in a home with a 2 week expired gas safety certificate, I'd suggest targetting the property section as I can guarantee there'll be a hell of a lot more kids in this country living in a mortgaged property with much, much older gas safety certificates.

You're tenants are a different matter. It's a LEGAL requirement for you to provide one for them. Why am I not surprised you're a landlord/slumlord?

My properties are very well maintained. It's madness for a LL to not keep their property in good condition or it will quickly devalue. Maintenance, gas safety checks and boiler service can all be written off against tax so as I said absolute madness not to get it done. Also crazy for a LL to make themselves vulnerable for a fine too by not lodging deposit or allowing certification to expire. No need for it at all. I've got 11 properties and it only takes me 3-4 hours a month to keep on top of all admin ect gas/electric/PAT testing/ECP certificate every 5 years and regular and routine maintenance. I'd certainly keep my own home maintained too. Why would I protect other people's DC with gas certificates but not protect my own?

landlordstress · 11/02/2024 18:43

@caringcarer
Well done, you're clearly a decent LL then. Mine is evidently the polar opposite so I have no idea why anyone is intent on even trying to defend him. He's a disgrace and he's 100% in the wrong here, on several counts. My partner and I have both got years of text exchanges with him, where we share photos and videos of the rain leaking through the ceiling, the plasterwork crumbling away, and repeated requests to do something about it. And repeated replies where he fobs us off. I'm just grateful we have the council on our side fighting our corner as well. I plan to seek legal advice next week too regarding the rent repayment order and where we'd stand with this, given we have paid a significant amount of rent to him during a period when he did not posses the required licence.

OP posts:
landlordstress · 11/02/2024 18:49

TheSnowyOwl · 11/02/2024 18:32

Also worth repeating here that the landlord is breaking the law currently not having an up to date gas safety certificate, punishable by up to 6 months imprisonment. People shouldn't need to be prompted not to break laws. If they're renting out a property, they need to be aware of the law and abide by it. End of discussion.

Honestly, how many do you think are found to be in breach and imprisoned?

You are woefully naive of the whole situation.

I don't care how many are imprisoned?

I was stating a fact - he IS breaking a law and that is one possible punishment that can be imposed.

And given he's already been found to be in breach of other laws regarding possession of a licence he needs, on top of the fact his tenants have had to get the council involved to make the property safe and habitable after 3 years of asking for this and getting nowhere, the lack of a gas safety certificate on top ain't gonna loom great is it?

I really have to question the type of person that would want to defend such a cowboy landlord. Defies belief.

OP posts:
LakieLady · 11/02/2024 18:50

landlordstress · 10/02/2024 23:02

@3pSweet
Yeah from what I've read online we can submit a claim (a Rent Repayment Order request) for up to 12 months rent back, so at £900 a month that's a maximum of £10,800, for renting a property to us without the required licence. Lots of success stories online. I'll look into that on Monday and see if we have a case.

I hope you do!

Landlords who happily take rent from tenants month in, month out, while failing to meet any of their obligations as landlords piss me right off.

I bet they piss off decent LLs, too.

landlordstress · 11/02/2024 18:50

*look

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landlordstress · 11/02/2024 18:51

@LakieLady Yes, agreed! They would piss off decent LLs. No person in their right mind - LL or otherwise- would even attempt to defend the conduct of my LL.

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landlordstress · 11/02/2024 18:57

Also, the absolute irony of being called "woefully naive". Our LL has rented a property to us for the past few years that has required a licence that wasn't in place. As a result we could have a case for suing him for 12 months rent back, to the tune of almost 11k.

And I'm the woefully naive one? 😂

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TheSnowyOwl · 11/02/2024 18:59

I really have to question the type of person that would want to defend such a cowboy landlord. Defies belief.

Not one person on here is defending him and the fact that’s what you are when you read people telling you the reality of your situation shows how incapable of distinguishing what is fact and what’s in your head!

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