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Can any landlords / experts advise next steps? (Long, sorry!)

9 replies

Askingforafriend1234 · 09/05/2022 16:43

My friend had lived in a private rental property for a year with her DH and DSD. No benefits.

The last few weeks have uncovered a whole host of huge problems with the property. Trying to make this succinct as possible, they are:

  • the boiler has broken down several times and was condemned last week, the flue has disintegrated and the boiler doesn't have enough insulation to pass a safety check. They have had no hot water for over a week.
  • they have not seen a gas safety certificate since they moved in - there was a wooden splash back by the hob which was visibly charred when they moved in.
  • the electric fuse box hasn't been checked since 2010.
  • the electrics in the flat are unearthed and unsafe. There was an unboxed cable lying on top of the carpet spikes under the carpet in her DSD's room. These have finally given up and they've not has electric in most rooms for over a week. (They actually had to run an extension lead from a neighbour's house for a few days).

All of this was confirmed by an electrician.

The landlord has basically told them they need to put up with it until he can get it fixed (no time frame given and no urgency on his part), or they can move out. It isn't that simple, as they simply cannot afford another deposit and fees right now. On top of this, they live on quite a high floor and the lift will be out of service for at least 4 months, which makes moving even more difficult.

They have told him they will withold rent from the day they started without hot water / heating until this is fixed - can they do this?

If anyone could advise any legal or practical next steps it would be appreciated. She's in between a rock and a hard place, and is worried about the safety of the property.

Thank you!

OP posts:
Askingforafriend1234 · 09/05/2022 16:44

Had - has!

OP posts:
NewBootsAndRanty · 09/05/2022 16:54

Never ever withold rent.

PragmaticWench · 09/05/2022 17:03

Your friend should contact Shelter for legal housing advice and also contact the Environmental Health department at the local council for an urgent safety inspection.

Never stop paying the rent.

whataboutbob · 09/05/2022 18:13

I suggest your friends post on the Landlordzone forum which is frequented by landlords who really know the letter of the law when I comes to this kind of situation, and if the situation is as bad as you describe they will be sympathetic.
If no gas safety check was done in the last 12 months the landlord is in breech, other things should have been done such as protecting their deposit in a govt accredited scheme, having an EPC and an electrical condition certificate done etc. If he has missed out on any of these (Especially the deposit protection ) they could be entitled to compensation to the value of 3x the monthly rent.
They need to decide what they want- for him to address the issues ( but the current state of the place suggests he is not a conscientious landlord) or to get out possibly with some compensation but this will mean gong to a tribunal.
Do not stop paying the rent- this would invalidate their right to sue him.

ShirleyPhallus · 09/05/2022 18:19

They cannot withhold rent, but what they can do is to write to the landlord outlining the steps above and saying they will get some of this fixed themselves and use the rent to pay for it. Check shelter and CAB for further info for exactly what is included here.

some of this is illegal and she can report him to the council

Askingforafriend1234 · 09/05/2022 19:29

Thank you everyone, this is all really helpful.

I didn't know that about witholding rent - been a long time since I rented (and thankfully was never in this position).

OP posts:
IncompleteSenten · 27/11/2022 11:29

If he fucks about with it and then have to get a repair person out anyway (because you will ), they will report to the landlord that someone buggered it up and the landlord will probably make you both pay for the repair/replacement.

IncompleteSenten · 27/11/2022 11:31

How the fuck did I post this on this thread?
I didn't even have this thread open! I haven't even seen it. Wtf Confused

Zipps · 27/11/2022 11:38

Landlord here. Is it let through an agency? If so I would be contacting them first. Also ring the council. The landlord is a disgrace breaking so many rules and regulations and should be fined. They need to pay rent still. They need to kick up a fuss but they should be prepared for being served notice but as they haven't got a gas certificate it will be tricky. Did they get given the how to rent document?

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