Landlord wants to sell

[Leab23]

So when we moved into our house it was late spring, everything was fine until it got colder and wetter. Mould in the bathroom from constantly wet tiles that put mould on everything that was against the walls. The front room had rising damp along the front wall of the house that went mouldy, plus multiple damp patches on the chimney breast wall I a room upstairs and damp patches at floor level to the house joined to us (we are in a terraced). Reported all to the landlord with pictures ans they got a damp surveyor out who quoted her about 12k in repairs to do everything the house needed.

It tool a while, but landlord did get basically a massive dehumidifier/air circulation unit put in the loft that runs constantly to help air flow through the house, we have a downstairs bathroom with a useless extraction fan that does nothing, so this did help. The front room with the rising damp was basically useless through last years cold months. The landlady was wanting to insulate our front door passage way as its so thin it will constantly be a "cold wall" which means any heat in the house will create damp on this wall which runs the length of two downstairs rooms, as well as do damp proofing in the front room.

So the builder came out to price up the passage way and damp proofing a few months ago and I was waiting ans waiting for landlady to get back to me. I sent her a text the other day asking what was happening and her reply in short was

• they can't afford the works done
• they will eventually just sell the house because it would need further work to address other issues
• if the work isn't being done she can understand we will want to move but is not putting any pressure on us as she's not looking to sell immediately

Overall I'm pretty annoyed it took her months to tell me they were not going forward with the work and she's just going to sell. I get it's going to cost her so much, but she's just been collecting rent payments on the knowledge we would be looking to move because she's not going to do the work. Is that taking the piss a bit?because we are coming into the colder wetter months meaning all the previous issues are coming back, and trying to find a house, have the money to move and get it all done before it gets any colder is pretty impossible so close to Christmas when we have to be in a city center location because ofDD's nursery, partners work and I need the train station for my work.

Is there anything I can do other than put up with it till I find the right place?

you can go to your local council to address the problems directly through them. they will help. the council will fix the problems and bill the landlord themselves. since your landlord doesn't want to fix anything whilst you're still paying rent, go get them. make their life miserable. and defo do not live with mould and damp. this will affect the sale of their home because it is a documented problem via the council and a new seller's solicitor will discover it. good luck

Ah, the Amateur Landlord strikes again.
Happy to take the rent off you for a substandard property, unwilling to repair that property.

Make sure you report her to HMRC, just in case she’s not declaring.

@C4tastrophe @whyisitallsohard Thank-you! Glad I'm not the only one who thinks this is unreasonable. I will talk to my partner about reporting her. MIL thinks she's only said she will sell as an excuse and then re decorate over damp and move someone else in. They are deffo amateurs, even tho LL has a dad with multiple properties, we had numerous plumbing problems as soon as we moved in due to the fact they fitted the kitchen themselves! Should have been the first and last red flag really. Sigh.

If you complain to Local Authority and they take it up with LL, will you be running the gauntlet of her giving you notice to quit so she can get work done to an empty house?

Might be an idea to start looking elsewhere asap. Unfortunately the rental market is “hot” at present so don’t delay,

Go to the council. If you have time In person. They’ll serve a section 2 improvement notice.
Then she’ll have to repair it.
Also check all other legalities are complied with.

This is not true. The council will decide how and when the works will be done. If it doesnt require them to vacate, then they’ll do them with tenants in situ. If not, they will force the landlord to pay for their accommodation elsewhere. This happened to my friend and it worked out for my friend as she stayed in a really nice place. This is law and most tenants are not aware of these rights.

Surely, if you go to the council they may issue a notice to improve but if the house is sold that is moot. The LL will just put the house on the market? You might be better just looking for somewhere nicer.

Then the slum landlord may just rent it out again.
Better to get the council involved.

If they get an order to improve they have 2 options. 1. Improve to councils satisfaction. 2 sell. Which would be easiest for LL? If you sell you don't have to improve. It's the new owners problem. ATM there is still Section 21.

What I mean is once notice to improve has been issued the LL can't let it out again without improvement being made to council satisfaction so they will just sell it if they can't afford the repairs.

There is still a period that the tenant has on section 21. An eviction doesn't mean get out tomorrow. Also, there are quite a few rules around it that LL's must obey otherwise the section 21 will not suffice and cannot come into effect. Here is the website for these rules: https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

One landlord of my own in the past did not put my deposit in a tenancy deposit. I had my cousin, a solicitor contact them. I made the landlord pay ME a fine - they were very shook. I understand not everyone has a cousin who is a solicitor though.

Also, in the link above, it clearly says the LL cannot serve section 21 "if the council has served a notice in the last 6 months that says it will do emergency works on the property". Contact your council asap and do not tell your landlord, OP.

Secondly, the tenant can still refuse to leave - many do. Section 21 is just a notice. It can't physically remove an unwilling tenant. The LL will have to take the tenant to court for a court order for removal. This gives these tenants an opportunity to explain why they don't want to move and also lets them present evidence of poor treatment by the landlord. Landlord know this and don't want to go to court. It also costs time and money.

Sure, the other option the LL has is to sell, so I advise OP to get in touch woth the council asap. They may already have an online form. OP should not worry about the landlord's theoretical actions - they need to make their home safe first.

OP, you can also call Citizens Advice Bureau and Homeless for further information, they are happy to give advice :) I am certain they will advise you the same as me. I have dealt with many corrupt landlords and always won. I have also had some great landlords in the past too, but unfortunately, we live in a country where rogue landlords are constantly rewarded. Go get your one! Make them scream!

You will be ok :)

I’d just move and negotiate no notice term with LL and possible rent reduction

it’ll be up for sale and you get a section 21
even if the council involved a fine would probably be cheaper than the work

ether way looks like you’ll be moving

The reality is that you'll be moving I guess.

What you need to do is whatever makes that more possible for you.

I would respond to that message saying you cannot afford to move at this point BUT as you can only use 50% of the property you are seeking a 50% reduction in rent actionable immediately- or even back dated to the start of the problem.

Of staying put would be your preferred option I would speak to the council and attempt to force repairs... without holding my breath and being prepared for a big rent increase at the point they have been completed though.

I would advise you to advise your landlord ASAP to make sure that she has landlords insurance. Whether she listens to you or not, is an entirely different matter but if she does, and then there is a natural consequence of this property being damaged at least you will be put up at the insurance companies expense.

It’s all very well huffing and puffing about go into the council and being housed elsewhere at the Landlord’s expense but if they haven’t got the money, it won’t be happening. The council won’t just go ahead with repairs without knowing they have an asset to secure their money against. And of course they have no way of knowing that because they don’t know if the property is Mortgaged or not. If the Landlord only has 25% equity in the property, it might be cheaper to walk away.

The council is extremely unlikely to do any works on a private property. They can barely get round to doing their own repairs. If they are selling they can give you notice you leave. The law is not that you can live in a rental property forever and force the landlord to do as many repairs as you like.

op you would be best to move if you aren’t happy and the landlord wants to sell.

landlords insurance won’t pay for upgrades like that. Don’t be daft.

Landlords insurance will pay for the OP to be housed somewhere if the ceiling falls through, for example. Obviously they’re not gonna cover the repairs but that’s not the OP’s problem. Again, the law may well state that if the house is uninhabitable that the landlord has to pay for alternative accommodation, but if they aren’t insured and they haven’t got the money that isn’t going to happen.

I would just walk. Rising damp in a terrace is a nightmare to get rid of and if it's coming from next door it could take years to resolve. We had an older house previously, unless the heating was constantly on from around October onwards it was constantly damp (nothing will fix it).

@whyisitallsohard only a very stupid LL doesn't cover themselves by putting deposit in approved deposit scheme, giving an EPC certificate within 5 years, How to rent booklet and an Electricity certificate within 5 years. LL know the fines are hefty so almost all ensure they are given. At the moment Section 21's are still being given and courts are issuing orders to vacate more quickly than over the last few years. I think courts have been catching up since Covid. Once a house is on the market for sale councils will not do the remedial work as they have no idea if the new owner will want to rent the house out. OP would be better looking to find another house. Why would she want to stay in a damp house? Also if she's been there more than 6 months the LL can simply increase the rent. If OP refuses to pay increased rent then LL can apply for a section 8.

Thank you all so much, I have a bit more confidence in deciding how to go forward now. It feels like being between a rock and a hard place! Really appreciate you all taking the time to read and reply x