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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To expect my landlord to do the repairs needed after waiting 6 m +

15 replies

TheLadyEvenstar · 18/03/2009 21:57

I moved into my flat in August 2008, the day i was meant to move in the flat upstairs sprung a leak and i had to stay in my previous flat paying £25 per night i was there.
I have had loads of problems with the landlord since then. Mainly due to him thinking he can shout at me any way a few weeks ago he came round to collect £50 of rent an spent 15 minutes shouting at me before i shouted back and told him he had no right to come into my home shouting in front of my 18m old.

ANyway I tried to point out the repairs that needed doing and he was not willing to listen telling me he no longer wanted to talk to me but only deal with my partner.
I emailed him today from my partners email addy and asked about repairs and he reckons he won't do them until i sign new tenancy, i won't sign until i know he is going to do them..

here are a few photos of some of the repairs.some of them in ds1's bedroom

OP posts:
nancy75 · 18/03/2009 21:59

could you not move? he and the house sound like a bit of a nightmare

TheLadyEvenstar · 18/03/2009 22:00

Nancy, its finding the deposit for somewhere else.

OP posts:
feetheart · 18/03/2009 22:09

He sounds dreadful, I'm a landlord and he is the sort who gives us all a bad name.

If you moved in August 2008 your deposit should have been put into one of the Deposit Protection Schemes so should be safe. If he hasn't done this you could get 3 times the deposit back I think.
You need to get yourself to Citizen's Advice asap, they will have much more information. Keep records of everything, emails, phone conversations, when he has visited, what he has said, how he has said it. His behaviour sounds completely unreasonable.

Good luck.

TheLadyEvenstar · 18/03/2009 22:37

Feet a few weeks ago I called him to say I was unable to get to the bank to pay £50 into his account, anyway he shouted down phone that he was on his way, and that unless i had full £50 he was going to serve me with eviction notice. He turned up hammerd on the door, and kept doing so until i managed to get to it (had a slipped disc and was barely able to walk) woke ds2 up who promptly started crying and then he started shouting at me, i tried to explain i was unable to get out because of my back etc but he was not listening. So I said please dont shout at me. i allowed you to do it the last time but as much as this is your property this is my home and i do not want you shouting in it. He looked at me and said and who do you think you are talking to mate.

I replied I am not your mate i am you tenant and i do not appreciate you talking to me the way you are. So please don't.

Unfortunatly i was at this point shouting back at him, so he put his hands up and screamed time out time out. I had to laugh as I said to him i am not a child so please don't treat me as one. You are in my home shouting at me and yet when You were proved wrong about accusations you made you could not contact me to apologise. He replied I am not talking to you anymore. I tried to explain about the repairs which still needed doing and his reply? I am not here about them drop me an email when you get chance and when i am free i will reply.

I emailed him again today about them and he has said he will nto do them until i sign new agreement BUT i want repairs done properly before i commit myself and children to another 6 month here.

OP posts:
sb6699 · 18/03/2009 22:51

He is not allowed to enter your property unless previously arranged (for inspection purposes etc) so next time he comes round if you think he's up for a shouting match just don't answer the door.

You are entitled to withold rent if repairs are not carried out within a reasonable timescale. Contact Citizens Advice who will be able to advise you further.

Tbh, he sounds like an ass and I would probably just move. Its unlikely he will be able to get another tenant with mouldy patches on the walls so I'm he probably wants you to sign another tenancy and then still won't bother doing anything about it.

There is a no deposit scheme now (sorry can't remember exactly what its called) to help those who can't afford a deposit. Again CA will be able to advise you on this (or if you come across FAQ I think she knows about it).

FAQinglovely · 18/03/2009 22:55

you called??

Yes I got this place with a no deposit scheme. I had to pay the "imsurance" (was about £145) for it, and the checks for me and my guarantor (which the no deposit scheme said I needed as I didn't earn enough).

tbh I don't know all the ins and outs, just that I didn't have to pay a massive deposit.

Not all landlords accept it but I've seen more and more houses coming onto the rental market (at least round here) which advertised that it's available on a "no deposit scheme".

Some councils also run a deposit scheme type thing too - I didn't look into that though so don't know how different they are from the one I'm in.

TheLadyEvenstar · 18/03/2009 23:05

Thanks Sb6699 and FAQ, will have to look into that as i really want out now.

OP posts:
sb6699 · 18/03/2009 23:16

FAQ - Wow, I really do have telepathic powers

Hope things work out for you Evenstar.

TheLadyEvenstar · 18/03/2009 23:24

Sb So do i, I have been patient with him and the repairs. But now as ds2 and I can't shake this cough off and I am sure it is to do with the mold. I am getting to the end of my tether.

OP posts:
babyignoramus · 20/03/2009 07:56

He sounds like a twat. Next time he turns up without 24 hours notice I'd ignore the door and call the police to tell them you are being threatened.

Landlords are essentially service providers -you are paying them. No other service provider would treat their customers this way and he's no right to do it either. I would move if you can possibly manage it, he's never going to change.

NB, if he does this a lot, it could be construed as him breaching the tenancy by not allowing you quiet enjoyment of the property. It may be worth contacting your local council for advice - the one I work for has a Private Sector Housing team who deal with problems in the private sector.

Hope it works out!

becksydee · 20/03/2009 10:10

also, he can't issue you with an eviction notice until you owe 2 months worth of rent (and before he can do that he has to write to you giving you 2 weeks to pay up) i know this because i'm a landlord & had to go through all that to get rid of some tenants who owed me £1.5k

the shelter website has quite good info on your rights as a tenant btw - their telephone advice line is constantly engaged though.

staryeyed · 20/03/2009 10:38

I have copied and pasted from a Shelter brochure england.shelter.org.uk/__data/assets/pdf_file/0019/23392/Shelter_guide_repairs.pdf

Beckyseedee- Assuming LAdy evenstar is on a an ASssured SHorthold Tenancy, The landlord can evict with 2 months notice as long as the tenant isn't still within a 6 month/12 months contract. There does not have to be a reason:

"Assured shorthold tenants, licensees and people with other agreements not listed above usually have less protection. Usually the landlord can make you leave by following the correct procedure. You may be evicted if you complain about disrepair. Think carefully, and do not take action until you are sure that you will be able to find somewhere else.
Not all landlords will try to evict you, even if they can. Generally, councils and housing associations will not take disrepair into account when deciding whether to evict, but there is more risk with private landlords.
Some landlords might try to evict without following the correct procedure, or make life difficult for you (eg changing the locks while you are out, or leaving repairs unfinished). This may be illegal eviction or harassment, which are criminal offences. You should contact your council?s tenancy relations officer or housing advice team.
Get advice (eg from a Housing Aid Centre or Citizens Advice bureau) if you are not sure what your rights are, or what you should do."

It is not correct that you should with hold rent. You only have to hold 2 motnhs and the landlord can take steps to evict you:

"Withholding rent
Even where there is disrepair, you do not have the right to withhold (stop paying) rent. If you do, the landlord might try to evict you. The exception is where you have paid for the works yourself (see Tenants doing repairs page 16).
If you do stop paying rent, keep the rent money in a separate bank
16
account so you can pay off the arrears immediately if you have to."

You can call environmental health if the landlord refuses to do the repairs they will come and inspect your property and ask that your landlord does the necessary repairs.The landlord can not with hold repair work on the basis that you may not sign another tenancy- he has an obligation to make sure the property is in a fit condition. However damp can be a bit of a grey area:.

"What about dampness?
It can be difficult to sort out problems with damp, because it is often hard to find the cause. Your landlord is probably responsible for repairs if the dampness is the result of disrepair (eg leaking pipes, leaking roof or a failing damp proof course). Your landlord is probably not responsible if the building simply does not comply with modern building practices (eg no damp proof course installed) or if dampness has occurred as a result of your use of the home (eg drying clothes indoors or blocking heating vents). However, your landlord may have to take action if the council sees it as a hazard"

Make sure you report the issues to the Landlord in writing:

"Reporting repair problems
You must always report a problem to your landlord, even if the problem is minor and you are not that bothered about getting it fixed, and even if you do not know the cause (unless the problem is really trivial or something that is part of your maintenance). Do not wait, as the repairs could end up costing your landlord more, and you may have to pay the extra cost.
If you or someone in your household has caused the damage, you should tell your landlord. The landlord can arrange for the damage to be fixed, and charge you for the cost of the repairs. Alternatively, the landlord may agree with you that you can have it fixed. If you have contents insurance, this may cover the cost, so report the damage to your insurer.
Always report the repairs in writing. If it is urgent, make a telephone call first, but always write as well. Date your letter and keep a copy. You can use email, but make sure you keep the reply so that you can prove it was sent to the right address.
It is important that you can prove your landlord was aware of the problem, in case you need to take
the problem further."

Your landlord should give you notice and seek your permission before entering your property:

"Do I have to let the landlord come in?
You must allow the landlord or her/his agent access to see what repairs are needed and to carry out the work. The landlord should give you reasonable notice (usually at least 24 hours), except in an emergency.
Although your landlord should arrange the repairs, you may have
to let in the contractor.
Your landlord does not have the right to come into your home to carry out improvements unless specifically stated in your tenancy agreement, so the landlord will need your permission."

A rent deposit scheme may be available in your area if your landlord does take steps to evict you or sometimes if your property is considered uninhabitable.

If you gave your Landlord a deposit and moved in last year it should have been placed in a Tenancy deposit protection scheme.

TheLadyEvenstar · 20/03/2009 21:19

Hi Ladies an update

I have been onto environmental health and also the private tenants advice team. I have an appointment with them next friday where we will discuss the slackness of him regarding the repairs.

I also have been advised not to sign a new tenancy agreement. But to continue as an assured tenant on a monthly basis.

I am going to upload some photos so you can all see what I am talking about.

OP posts:
TheLadyEvenstar · 20/03/2009 21:20

This is what he calls High QUALITY

OP posts:
sb6699 · 20/03/2009 23:09

Hope they're able to help. Let us know how you get on.

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