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Additional Details
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DEEBEE | Mydaughter is renting from a private landlord. Rights Please? |
Her roof is leaking, doors to downstairs rooms all off, No floor coverings, broken front window, previous tenants (he had multi occupancy, no fire regs observed) and previous 9 tenants mattresses and old electrical equipment in yard, to name a few problems. She has been there for 6 weeks now, has a 6 month tenancy agreement, then it changes to monthly. She is afraid that if she complains he can serve her with a months notice after 6 months. Help please UK answers
Additional Details
In response to those who ask why did she move in there in the first plac, was she blind etc.No she was DESPERATE. She lost her house as she was unable to keep up repayments as she lost her job through illness and is now registered disabled. She could not get Local Authority housing as the Council said she had made herself deliberately homeless. Any more questions??? |
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stanthemansmum
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the first thing she needs to do is to contact the local council's Private Lettings advisor. The landlord is breaking many laws here and there is no reason why she should live like this.
Has she had any paperwork from the Deposit Assurance Scheme? If not, the liklihood is that her landlord has not put her deposit into the scheme - which he has to do by law. If he hasn't then your daughter has far more rights. For a start, if he does issue a notice to quit after 6 months, as long as your daughter is not two months behind with the rent this will not be automatically granted in court - the landlord has to have reasons for the eviction. Also, the court will order the landlord to pay back three times the deposit - so your daughter would be moving on with far more money behind her.
The council will come and give your daughter advice - checking her rental agreement to make sure there are no illegal clauses and will also take photos of any damage. If it is bad enough, the council will take him to court or even declare the property unfit for human habitation - in which case there is a strong possiblity that they will rehouse your daughter. She really has nothing to lose here.
I have had similar problems with my landlord - broken doors/windows. and have had a massive amount of support from the council. I have even been told that the photos can be used if I go to court as they are from an official investigation.
These scum landlords must not be allowed to get away with it - and with winter coming on it is not acceptable that he can take rent and leave anyone in those conditions. |
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pepper
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I'm sorry about your daughter's predicament.
If I were her, I'd find another one to three people who are interested in moving and renting a better home together. They don't have to be friends, just decent people who pay their bills and want peace. I'd save up as much money as I possibly can and then I'd complain to the landlord. If he does evict her, she could leave her stuff at your home for a short time or in storage. She could even crash on your couch at your house for a couple of weeks whilst she and her friends house hunt.
I don't think she should try to stay there, she should start looking for alternatives and save as hard as she can. Maybe she has cousins who are looking for a new place?
- Pepper. |
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Jam
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Why on earth did she move in there in the first place? If the place is in that much of a state he may not be legally letting it out. Your daughter could report him for not abiding by the laws regualting letting out property (depending on her arrangement with him), but it might still mean she has to move out. |
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Landlord
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I do not know about the UK laws on this, so I will not comment on that.
However, this is the place your daughter picked. It was in this condition 6 weeks ago, she liked it then. She loves it so much that she is "afraid" of him asking her to move after teh lease expires. If she loves it so much that she is afraid of loosing it, there has got to be something there that is right up her alley. Maybe not your alley, but she not only picked this place out, but loves living there.
Be a good Mum and let her live her life they way she thinks is best. |
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chatsplas
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. . . .and she wants to stay there?. . . . .and she rented with it in this condition? |
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Timxdina N
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File with the city housing authority. They will also tell you your rights and if you have a civil suit. Laws are so different state to state
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infinite crisis 247
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with all due respect...is your daughter blind? why the heck did she move in there, much less sign the lease with all of those problems? did she think that they would magically dissapear when she moved in. she can go to the housing authority about this. however, they will ask the same questions that i did when she goes there. she cannot withhold payment without due process. if she does, the landlord could pursue eviction. not worth it. it might be better off moving somewhere else after the 6 months. |
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l h
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She can pay to have them repaired herself and withhold rent to cover the costs. She must write to the landlord requesting the repairs be completed and give him a reasonable time to comply. She can't withhold rent indefinitely, only to cover the costs of repair.
it sounds like this would be a good thing if he served the notice after the 6 months anyway. What a rotten landlord.
EDIT - just to add to what Robin said below - she can only withhold rent to make the repairs herself.
eg if the rent is £500 per month and the repairs are £1000, she can withhold rent for 2 months to cover it. She can't withhold for 5 months until he decides to do the repair. It's not to be used in blackmailing the landlord, but only for completing the repairs herself.
If she goes down this route she should send copies of all written paperwork (quotes etc) to the landlord so he has the chance to find his own people to repair the damage. |
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Robin Darkmere
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The contract between the landlord and your daughter is legally binding. The agreement is the landlord will maintain the building and grounds and your daughter pays the rent on time and in full every month.
If the landlord is not maintaining the buildings or grounds, then the rent can be witheld until such time that the building/grounds is maintained.
If the landord refuses to do maintenance then your daughter has a legal right to approach a solicitor.
The landlord cannot evict your daughter for making a complaint, if he does, he can be sued for unfair eviction, non maintenance of building and grounds and breech of contract. |
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MLE
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Your daughter should have been more observant when she went to look at the apartment. I am sure that these things were probably a problem when she looked at the apartment and there isn't much she can do about it now. She signed a contract based on the current state of the apartment. She will either have to stick out her 6 months there or move and lose her deposit. |
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The One
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Why move in there in that condition it as to be a dodgy deal a contract is a contract landlord cant chuck you out before then |
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