Pls help - LL & EA related

[WittsEnd20]

Hey all, I’d really appreciate some advice.

I’m a single parent with two children. A 1 year old who has a severe disability due to having a genetic disorder and a 2 year old.

We’re in a one bedroom flat and have rented for 2 years now. Last year August I saw multiple mice within the kitchen. I informed the Estate Agent’s and filled up holes myself. They sent pest control round on multiple occasions (possibly up to 10 times) however I was still seeing rodents in the flat.

The Landlord recently increased the rent by £270 a month once the tenancy was up for renewal. I said that I’d only sign a new tenancy if he paid for a reputable pest control company to visit the property and fix the issue. Long story short, the Landlord covered the amount for someone to inspect the property but didn’t pay for the pest controller to carry out mouse proofing. I ended up paying nearly £350 for this to be completed.

A HUGE hole was found in the wall behind a cupboard in the kitchen. This is how the mice were entering the property. I emailed the estate agents with pictures and told them about the hole. I asked for the Landlord to reimburse me and he said he wasn’t going to do that. I’ve asked them to repair the wall and they’ve come back saying that no repairs will be done as the hole is now fixed (it’s not, a stainless steel mesh has been placed there as a temporary measure so no more mice come in the flat).

So not only will the Landlord not reimburse me. He’ll also now pay for repairs which he legally has to do as he’s responsible for the exterior and structure of the property. I feel like I’m going out of my mind. How have the Estate Agents just allowed him to break the law like this? What are my next steps? It’s clear that I have to take the Landlord to court as I refuse to be treated like this but what about the Estate Agents, is there a way to form a complain about them too?

I’d really appreciate peoples thoughts and advice. Thank you

Here’s a picture of the hole in the wall that was found and the temporary mesh that’s been used to cover the hole

They've allowed him to break the law like this because they know they'll get another tenant in tomorrow who will put up and shut up.

I'm afraid the statistics are grim. 40% of tenants who complain about repairs not being done end up getting evicted with a section 21 notice. It's going to be a long time until those are banned.

Yes, he's breaking the law by not pest proofing the home, but the law won't protect you from losing your home.

I hate, hate hate typing these words out to you, but you need to tread very careful from here on in.

Are you going to be able to financially cope for the next few months if your landlord doesn't reimburse you?

Have you signed that lease?

If you cannot afford to be looking for a new home for the sake of your kids, I recommend you sign that lease as soon as possible. That will at least give you six months of security of tenancy.

You can then bug the LL as often as you want about the mice, if the problem hasn't been resolved.

LLs and agents bet on tenants never having the money nor the will to take them to court, and more often than not, this strategy wins.

I have to say, if they've sent pest control out ten times, they've done a hell of a lot more than most LL's. I've only had mice in a flat once, and after the pest control guy had been twice and it still wasn't resolved, my LL just shrugged his shoulders and said 'idk what else I can do, Kievlover' - all the while I'm being woken up at three o'clock in the morning with mice bouncing over my bloody plates in a cupboard and finding a trial of piss and shit all over my kitchen every morning.

the Landlord covered the amount for someone to inspect the property but didn’t pay for the pest controller to carry out mouse proofing.

Did you ask permission to spend this and agree LL would cover the costs before the works were carried out? A tenant is never permitted to get reimbursement for costs, the LL always has to decide. It doesn't matter if you have a Capybara sized rat family living in your rental, the law always sides with LL's when tenants carry out works without their permission.

@KievLoverTwo you’ve previously posted on another post of mine on this board and have always been extremely helpful so thank you for commenting again😅

To answer a few questions, I’ve already signed the new tenancy as of last month. I paid for the mouse proofing last month so I’m okay financially in that regard. The LL knew that I was going to have mouse proofing done but didn’t want to contribute towards the price as he’s a cheap fuck.

I understand that he doesn’t have to reimburse me but I’d think that it’d be cheaper for him to pay me 300 quid for fixing something that he’s liable for. I will take the LL to court because it’s not okay to break the law and be so heartless about it.

Due to my son’s disability, we’re extremely close to getting a two bed council property. I may wait until then to take legal action against the LL as I don’t wany to be faced with an eviction notice.

In regards to the EA, can I complain about them providing poor and incompetent service? I’m sure there must be a way

Can you contact environmental health. My friend had rat issues in her house and next door was rented but the landlord refused to do the works suggested by pest control (semi detached houses). In the end she went via EH and they must have had some clout as the LL had to get the works done?

I may wait until then to take legal action against the LL as I don’t wany to be faced with an eviction notice

Yes, do wait. Make sure you gather evidence: photos, videos, notes of phone calls, what was said to whom. Definitely wait. Fortunately small claims only costs £35ish these days, and, I think it quite likely, your LL will suddenly find the money to reimburse you when you send a formal 'letter before action' after you have moved out telling him that you're going to issue court proceedings in a fortnight's time. This is a recommended action before going to court; courts like to see that you have tried to come to an amicable agreement before you enter their doors. It also serves as a useful warning to the LL that you are serious before you start paying a court any money.

The good news about small claims is, neither party is allowed to use (or at least claim reimbursement for) lawyers. So, if for any reason you lose, you've just lost the court lodging fee plus your time. There's no risk of losing and having to pay thousands towards the LL's legal fees.

If you google 'small claims court letter before action' there are many examples and templates online.

Keep the letter factual. Dates, times, what was or was not done. No emotion in the letter. No 'you caused me and my disabled son weeks of distress.' Rather 'you repeatedly failed in your duty pursuant to point x of clause x of the landlord and tenant act x' - that's what will get you somewhere. Small claims courts won't GIS about emotion either, just who didn't fulfil their contractual obligations. They have so many cases that they don't have the time to deal in feelings.

In regards to the EA, can I complain about them providing poor and incompetent service? I’m sure there must be a way

You can, but it won't get you anywhere. In the meantime, satisfy yourself that when you do get your council flat, you can leave a big, juicy, stinking Google and Trustpilot review for them.

As a caveat to what I said above, I have to say, if there's a clause in your lease saying that all works have to be arranged by the LL, you will get absolutely nowhere in court and it will be a big waste of your time. It doesn't matter what is right or what is wrong.

If you like, you can send me a PM and I'll give you my email address. I'll have a look at the lease for you and see if I can unravel the wording in your lease versus what actually exists in LL/tenant law.

@Ilikewinter that’s a great suggestion thank you. I actually reported the LL to environmental health nearly 4 weeks ago and still haven’t had a response. I’ll chase it up next week and see what’s going on.

@KievLoverTwo thank you for the advice, that’s all extremely helpful and clear. It seems that I won’t get the money back for mouse proofing if I take the LL to a small claims court. Can I not take him to court for breaking Section 11 of Landlord and Tenant Act 1985? He’s the one that’s responsible for the exterior and structure of the property. Surely a massive hole in the wall is breaking that law?!

I think it’s probably best for me to call Shelter next week. I’ll also have a look at a few Solicitor’s websites who specialise in this area and see if there’s a case here.

Having a rodent problem for a year only to find out that there’s a massive hole in the wall that won’t be repaired sounds like a solid case to me

In order to win in court you would have to prove that the LL knew there was a hole in the wall before you moved in, and left said hole, despite knowing about it. The only way you could do that is if you took photos the day you moved in, or perhaps had one of his workmen prepared to testify in court.

Even then, it still probably wouldn't get you anywhere. The hole has not caused the house to be inhabitable, and he tried many times to get the rodent issue dealt with.

It would be a massive waste of your time and suck up every penny of your disposable income.

Btw, I think your best bet is to send him the letter before action of your intention to take him to small claims court after you move out and hope it motivates him into paying.

He won't know you have no intention of taking him to court, for the sake of three hundred quid he may just pay up. And it will only cost you a stamp.

In order to win in court you would have to prove that the LL knew there was a hole in the wall before you moved in, and left said hole, despite knowing about it.

I’d think it’s enough that I’ve notified him about the hole and he’s now aware but hasn’t done anything about it. I’m onto calling solicitor’s on Wednesday when I have a day off work

It may be worth complaining to environmental health at your local council. They have a duty to get involved if there are problems with your housing that puts your health at risk. I suppose, technically, the problem has now been resolved, but they might be willing to speak to your landlord about his responsibilities.

You could also alert them to the situation after you leave the property.