Landlord Issue / How do I move on?

[PigletsBigSister]

I've lived in a privately rented property quite rurally for 5 years +. This is the first time I've been a tenant. I'm a full time student and a single mum of 3 dc. I live 300 miles from any family and my ex lives nearby.
One of my dc has additional needs and goes to a special school. Other 2 dc are at primary and secondary.
My ex did live here until we separated 2.5 years ago

I'm after some advice on how I actually move and what, if anything I should do about my LL.

For the first 2-3 years of living here I didn't really have any issues. If something was broke, I'd call the LL. It would be fixed quickly. Tenancy agreement would be done annually.
Since covid Hit I haven't had a tenancy agreement. My LL is very elderly and her husband passed away last year.
My main concerns is that firstly, I don't have a tenancy agreement and there are issues with the property.
It has damp - I clean it up but it's still there. In every room except 1 bedroom, kitchen and bathroom
It's never had an electrical test - a plug blew a month ago because the damp had eroded away the socket, the electrician informed the LL that the house electrics need to be checked. I've heard nothing.
Boiler has never been serviced while I've been here
The house has never been inspected since we moved in.
The gutters need emptying, trees (very big trees) need pruning and the carpet needs replacing (I'm happy to pay towards the carpets if necessary)
I decorate the house (paint) and keep it clean and tidy, pay rent each month etc
I'm concerned if I start to complain or bring up issues, the LL will simply sell the house.

Which brings me to my next issue. How on Earth do I move? I can't afford to save up a deposit for another place. This house is expensive in rent/heating. And even if I could, there really isn't anywhere local unless I move ten miles+ and getting the dc to school would be an issue
As im a student and on benefits, most LL's won't take me. If a house does come up, which it rarely does, the LL's choose other tenants rather than me (which I can understand)
The council have said they can help me once I'm homeless but the LL isn't evicting me so I have to 'bid' for housing, and those are quite far away too.
I have no idea what to do or how to move forward. Does anyone have any information or guidance pls?

You have a tenancy agreement, its just not in writing. Still a legal tenancy, landlord still has obligations to fulfil as do you.

Do you have a gas safety certificate?

Have you spoken to the landlord about the jobs that need completed?

You do have a tenancy agreement. When the fixed term ends the original agreement continues until either party terminated it.

Call Shelter.

Any eviction would be illegal anyway as there’s no gas safety.

You may have to report it to Environmental Health.

How much are you paying? Perhaps the LL is letting the tenancy run on (even though they can't manage it) until you leave and then they sell it? If it was very cheap I would be tempted to just do some of the work to make it safe and plan on moving when your youngest leaves primary. Would this be an option?

As I recall if the landlord hasn’t done yearly safety checks they cannot actually issue a section 21 to evict you

However in your place I would save my carpet money for an inevitable move, at some point your landlord is sadly going to pass away and whoever inherits the property will probably sell even if they have to do work to comply with a section 21

@BigotSpigot

How much are you paying? Perhaps the LL is letting the tenancy run on (even though they can't manage it) until you leave and then they sell it? If it was very cheap I would be tempted to just do some of the work to make it safe and plan on moving when your youngest leaves primary. Would this be an option?

OP is a student and a single parent and has stated the house is expensive.

Even if it were cheap, the landlord has legal obligations that they aren’t meeting and haven’t met since the tenancy started

As above. You have something called (I think) a rolling tenancy. You have to give a month's notice to quit, they have to give you 2.
It's illegal not to have an electrical certificate.
This website might be helpful for you.
www.gov.uk/private-renting/repairs
I can see your dilemma, but if the surviving landlord is also elderly you may face the house being sold at some time in the not too distant future anyway.
I wouldn't spend any if my own money on this property. I'd be looking to try and get together a deposit for somewhere else and in the meantime make a list of the things that need doing in the house. Send these to your landlord.

We are an oil heating system so there is no gas

The rent is £800+ a month, which I know could be worse but I'm on benefits at the moment and the housing allowance doesn't cover all of it so I have to make up the rest myself

The damp issue is huge. It's a 300 year old house and the walls are very thick. I can't remove any wallpaper that is on the damp walls as I have no idea what the condition of the walls are underneath and I really can't afford to fix that problem.

I do think the LL is just waiting on me to leave tbh and I think then she will sell

The LL is aware of the issues as she had the house valued by 3 estate agents last year after the death of her husband. The electrician has also told her the house needs a full electrical check

Although the repairs that need doing is a big issue, I think long term you have a bigger issue. The landlord is elderly and it’s unlikely she will continue to maintain it properly and as you said, the house will likely be sold in the near future.

I think your best option will be to try and get a plan in place to move on, as it will need to happen sooner or later.

Is there anyone who can be a guarantor for you?

Are you able to start saving, anything at all? Sometimes a landlord would consider you if you can offer 3+ months rent in advance.

Is your ex able to help with anything?

If no to all, you would need to ask your LL to evict you. If you can’t get in touch with her at all, just withhold your rent. You have a right to do that if repairs aren’t being done, and it will more likely get her to contact you. If she still doesn’t contact you then just save it up, eventually you’ll have enough to rent somewhere else.

You will also need to a plan for your children. If they have to live school then so be it. They’ll soon settle in.

I’m not sure how it would work with the special school but I do know that many of them offer a private bus service. Is that something your child’s school could offer?

I know moving the other children isn’t ideal but sometimes it’s just something we have to do. I had to do it with my own child and I felt shit, but she soon settled in and loved it. Kids adjust well to change.

I’m not sure about withholding rent.
I am sure about gas safety certificate and electrical ones.
Gas needs to be done annually and electric every 5 years.
Would you be able to visit Letting agents and explain your situation?

I think withholding rent will only come back and bite me on the bum won't it? I'd still have to pay any outstanding rent if/when I move (although I could quickly save a decent deposit if I wasn't paying rent)
Hate having debt I'd hate to have that on my shoulders tbh

General advice is not to withhold rent except in very exceptional circs. You won’t get another ll to take you on with a history of unpaid rent.
But I’m afraid I don’t have any other advice sorry.

Some of the things aren’t the landlords responsibility - you should be pruning trees and cleaning the gutters.

As others have said, your old tenancy just rolls on so that isn’t an issue either.

There are landlords that don’t take deposits, especially big landlords. They require a fair amount of admin. I know when I managed properties for the National Trust they didn’t take deposits, rigorous interview process though!

The trees are very old trees, I can't fit my arms around the trunks, it doesn't say anything about me having to tend to the trees in my original tenancy agreement, just that the garden be kept tidy. The cost would be a fair whack. There's at least 4 trees that need tending to.

The guttering was the LL's responsibility in the original document. We have cleaned them ourselves previously but I find myself begrudgingly doing things now as I don't feel the LL has any interest in even keeping us safe

Thank you for the information and links, I'll have a look

If she is elderly and recently widowed then I it may be that she is simply overwhelmed with trying to deal with the house. I suggest you have a frank conversation and find out what her intentions are: does she want to keep the house as a rental or is she planing to sell up and therefore not willing to spend any money on it?

If she want to keep it as a rental would she be willing to trust you to sort out the repairs and subtract the cost from the rent?

If she want to sell then can you convince her to go down the route of evicting you so that you be eligible to be housed by the council?

If you don't press the issue this situation may rumble on unchanged while she makes up her mind what to do.

For informed advice, I suggest you post on Landlordzone. Most of the posters there are landlords who are well versed in the law. Sounds like your LL is not on firm legal grounds as she’s neglected to do a ton of stuff, but as you say she is elderly and bereaved so morally ( although perhaps not legally) deserves a level of understanding ( which you have shown). I don’t think the gutters are your responsibility to clean, I’m a landlord and pay for it myself. I’d love to be able to advise on how you move on from here but can’t apart from the obvious ( maybe part buy part rent, or ask the landlady to evict you but that could be hellish as you’ll end up in B&B with 3 dcs).

Being homeless/in a B and B with the dc is obviously not what I want.
If I ever get off this rental ride I'd never rent again. I hate the not knowing of what will happen and this is my dc's home.
I think I do need a Frank discussion with the LL but I know she's found the passing of her husband difficult so I don't want to put pressure on in that sense but at the same time I'm worried if I have the conversation she could choose to sell. And moving for me now would be incredibly difficult. I'm not in a position to move, financially or because there aren't any properties available nearby

Contact Citizens Advice - they will talk you through the landlords obligations.

I would write a letter setting out exactly what repairs need to be done. You need to start a paper trail. Ask by which date will these things be addressed - don’t ask her to do them

I would also make contact with the housing office at the council to discuss your options. Some councils have schemes to give grants for deposits for example.

Electrical safety checks on rentals need to be done every 5 years.
What't the EPC rating of the property? Rental properties now need to be rated E or above.

I'm going to contact the council again tomorrow.
No idea on the energy rating and no electrical test has been done while I've been here, which is 6 years

Even if your LL has had personal trauma, she has legal responsibilities towards you and is quite happy taking £800 a month.

Just a crap situation all round