Help with an awkward landlord / house letting

Vault_girl

Well-Known Forumite
you cant withhold rent but you can do something else instead. Write to your landlord and tell him of the heating problems. Warn him in the letter if he does not respond within a certain and reasonable amount of time (given you have a 2 year old in the house and we have had snow today this can be very short but I'm not 100% how long you should legally give him) you will get the work done yourself and the amount it costs you will be deducted from your rent.

Make sure you warn him in writing of your intentions, preferably a letter warning him you will go ahead with the work if he does not respond and another saying you ARE going ahead with the work as he has not responded.

He has a legal responsibility to provide heating, even if he just provided you with a halogen thing in the meantime whilst he arranges for the central heating to be fixed.

Unfortunately it does mean you may have to fork out for the work to be done to get the central heating fixed. This is the only way you can really with hold your rent. Again I reiterate DO NOT just withhold rent until it is fixed. this will give him an advantage AND the council will not be willing to help with re-homing.
 

Vault_girl

Well-Known Forumite
Em K said:
I think what you can do is write and request it is fixed ASAP, otherwise you will take it out of their hands and call out someone to fix it and reduce your rent payments by the amount it cost. I'm sure I read that somewhere last night (my boiler broke so had a nosy) but might be worth waiting to see what Vault_girl has to say!
indeedy! I got distracted by cake and didn't see your post!
 

Alee

Well-Known Forumite
thanks ,i've already wrote him a letter saying heating needs fixing, i will write him another saying what you've just wrote ....
it snowed today?!?
 

Flibbertigibbet

Active Member
Hi Alee, have just been reading all the posts, I'm so sorry to hear of your awful predicament! I'm glad you have had lots of support on the forum, its good to know you have people behind you to support and offer advise.

I thought I would post as we have just moved out of a 2 bed property in Stafford, we're still in the process of repainting and carpet cleaning but will be all out in next couple of weeks. The property is really close to town and has just had a brand new kitchen installed. If you would like more info pm me for more details? :)

xx
 

Em L

Mental Floss
Vault_girl said:
I got distracted by cake and didn't see your post!
As you can probably guess from my avatar, this is something I understand entirely... :)
 

gilesjuk

Well-Known Forumite
Whatever you do, stick to your side of the bargain. Pay the rent and do everything you're legally supposed to do. That way in the event of a court hearing or dispute resolution process there will be no excuse the landlord can make about your conduct.

From what I've read so far it seems like you're dealing with a right cowboy.

I would tackle the heating problem from the perspective of safety, having faulty heating (presumably gas) could be dangerous and hence no gas safe certificate.

Also, the pipework is liable to freeze in the cold weather.
 

Alee

Well-Known Forumite
yes my landlord is a tool.
gilesjuk said:
Whatever you do, stick to your side of the bargain. Pay the rent and do everything you're legally supposed to do. That way in the event of a court hearing or dispute resolution process there will be no excuse the landlord can make about your conduct.

From what I've read so far it seems like you're dealing with a right cowboy.

I would tackle the heating problem from the perspective of safety, having faulty heating (presumably gas) could be dangerous and hence no gas safe certificate.

Also, the pipework is liable to freeze in the cold weather.
 

grumpystaffordguy

Well-Known Forumite
Hi

So it sounds like your landlord doesn't know what he is doing. He probably didn't know that he needed to formally give you two months notice when he gave you notice (6 weeks was it?). Not every landlord is a wealthy business person. A lot of them end up renting out due to relocation or relationship break ups and hence they may not know the exact ins and outs of what they should do.
However your landlord is bang out of order for not fixing the heating. Its really stupid of him as he will have to spend the money anyway when he moves back in. Whilst it is not right it sounds like he may be using this as an excuse to potentially get rid of someone who wont leave. Its wrong and very bad of him to do this.

Have you answered the question with regards the gas safety inspection? As said previously you should have a certificate for that.
With regards electrics I dont believe they have to be certified. I made sure I got mine certified prior to renting my house out for peace of mind, but I'm fairly confident I didn't need to do so. Some agencies insist on you having it done though.

It sounds like there has maybe been some poor communication on both sides here. If your landlord has formally given you the 2 months notice now and you say you are not moving out regardless until you are sorted then I think you are now in the wrong. I find it hard to believe that there are not any suitable houses for you to move in to. I think you are saying you wont budge, because you are struggling to find the deposit for somewhere else. I can totally understand this as its a hell of a lot of money to find. Nobody wants you to be out on the street and you have an obligation to your child.

As a landlord myself I have to accept that people will potentially spoil the house. If nothing else when the tenant moves out there will be wear and tear items. You have to be reasonable with people.
I can see both sides of the argument though as I used to rent a house and I got totally stitched up when I moved out with the landlord keeping all my deposit money. This is why we now have the deposit safe scheme.

I think the best way to resolve this all round might be if you phone him and agree a date to move out. Once this has been agreed then ask him to send out a heating engineer ASAP.
 

Rikki

Well-Known Forumite
If you want me to come and take a look at your heating for you just give me a ring or send me a pm on here. I won't charge you anything and I can write you up a quote for whatever needs doing. You will know exactly whats wrong then and also have something to present to the landlord with how much it will cost them or your going to withhold. Also proof its not been working if you should need it in the future.
 

gilesjuk

Well-Known Forumite
Thing is, some landlords can be informal and this can be useful in some cases. They can be more friendly and lenient. But it's no good when it is the other way around.
 

grumpystaffordguy

Well-Known Forumite
Rikki said:
If you want me to come and take a look at your heating for you just give me a ring or send me a pm on here. I won't charge you anything and I can write you up a quote for whatever needs doing. You will know exactly whats wrong then and also have something to present to the landlord with how much it will cost them or your going to withhold. Also proof its not been working if you should need it in the future.
That's very good of you Rikki. Have some skill and if I ever need some work doing I'll give you a call (the usual guy I use doesn't seem to want work these days!).
 

Alee

Well-Known Forumite
Rikki said:
If you want me to come and take a look at your heating for you just give me a ring or send me a pm on here. I won't charge you anything and I can write you up a quote for whatever needs doing. You will know exactly whats wrong then and also have something to present to the landlord with how much it will cost them or your going to withhold. Also proof its not been working if you should need it in the future.
Thank you thats very kind of you !skill frm me aswell
 

Vault_girl

Well-Known Forumite
grumpystaffordguy said:
Hi

So it sounds like your landlord doesn't know what he is doing. He probably didn't know that he needed to formally give you two months notice when he gave you notice (6 weeks was it?). Not every landlord is a wealthy business person. A lot of them end up renting out due to relocation or relationship break ups and hence they may not know the exact ins and outs of what they should do.
However your landlord is bang out of order for not fixing the heating. Its really stupid of him as he will have to spend the money anyway when he moves back in. Whilst it is not right it sounds like he may be using this as an excuse to potentially get rid of someone who wont leave. Its wrong and very bad of him to do this.

Have you answered the question with regards the gas safety inspection? As said previously you should have a certificate for that.
With regards electrics I dont believe they have to be certified. I made sure I got mine certified prior to renting my house out for peace of mind, but I'm fairly confident I didn't need to do so. Some agencies insist on you having it done though.

It sounds like there has maybe been some poor communication on both sides here. If your landlord has formally given you the 2 months notice now and you say you are not moving out regardless until you are sorted then I think you are now in the wrong. I find it hard to believe that there are not any suitable houses for you to move in to. I think you are saying you wont budge, because you are struggling to find the deposit for somewhere else. I can totally understand this as its a hell of a lot of money to find. Nobody wants you to be out on the street and you have an obligation to your child.

As a landlord myself I have to accept that people will potentially spoil the house. If nothing else when the tenant moves out there will be wear and tear items. You have to be reasonable with people.
I can see both sides of the argument though as I used to rent a house and I got totally stitched up when I moved out with the landlord keeping all my deposit money. This is why we now have the deposit safe scheme.

I think the best way to resolve this all round might be if you phone him and agree a date to move out. Once this has been agreed then ask him to send out a heating engineer ASAP.
Just thought I'd respond to this because I can understand as a landlord wanting to give the possible landlord's perspective, however from what Alee has said the landlord is most definitely in the wrong here. For one this is a "professional" landlord - Alee has said he has other properties in Stafford and the council are "aware" of his behaviour so he will know what he is doing - he makes a living from renting out properties. He will have knowledge of what he should and shouldn't do and is hoping tenants won't know their rights. Also, ignorance is not an excuse in the eyes of the law. Another thing is he back dated the eviction notice by 2 months which is illegal and thus did not give Alee the time to save up a new deposit and find a new property. He has not (as far as I'm aware) given Alee a new, updated, legal eviction notice.

You are correct, electrics do not have to be certified but it is a good idea because if there is an issue it will be on the landlord's head for any damages - you are wise to get your certified!

I would also recommend not having any phone conversations, especially not with agreeing move out dates as unless you can record the call it is a case of "he said she said". When things get difficult like this is is always best to do everything in writing.
Though it is always lovely for landlords and tenants to be friendly I would always recommend having a more professional approach between them - then in cases like this where there is an issue it will be easier to deal with. It is much harder on both parties if there is a falling out when they are so friendly. No one may start out to upset but it easily done.

I do understand where you are coming from and why you want to give a landlord's perspective but in this case Alee's landlord is in the wrong.
 

grumpystaffordguy

Well-Known Forumite
Fair enough it sounds like you know more about her situation than I do. If this is the chaps business then can we name him? I ask that as if he is a business and not an individual then that may change things?...
 

Alee

Well-Known Forumite
grumpyguystafford- i appriechiate you trying to put landlords perspective into account, especially since i am only giving my side of the story. As for electrics, they were (and still) very dangerous when i moved in , most of the plug sockets up stair are hanging off the walls or are completely removed and there are live wires.SUrely he would want to get them fixed to save his own back if anyone got injured. I've been asking for him to send out an electrician since i moved in.I have been very patient with him.i understand that maybe money might be tight , but at end of the day i've always paid my rent and therfore should be getting what i pay for.As for my deposite, it's not protected. Like i said earlier, i won't be naming the landlord/ company till i move out as i dont want to aggrivate things further. as for gas-i dnt have certificate on me right now , but i think it was dated 2009. but i wil point out that about 2yrs ago scottish power came to swap my gas meter but the engineer refused to touch it because he said it was unsafe and it shouldn't be in the house.
 

Alee

Well-Known Forumite
Big thanks for Rikki for coming to take a look at mt heating last week, your a star.THANKYOU!
 

grumpystaffordguy

Well-Known Forumite
Alee said:
grumpyguystafford- i appriechiate you trying to put landlords perspective into account, especially since i am only giving my side of the story. As for electrics, they were (and still) very dangerous when i moved in , most of the plug sockets up stair are hanging off the walls or are completely removed and there are live wires.SUrely he would want to get them fixed to save his own back if anyone got injured. I've been asking for him to send out an electrician since i moved in.I have been very patient with him.i understand that maybe money might be tight , but at end of the day i've always paid my rent and therfore should be getting what i pay for.As for my deposite, it's not protected. Like i said earlier, i won't be naming the landlord/ company till i move out as i dont want to aggrivate things further. as for gas-i dnt have certificate on me right now , but i think it was dated 2009. but i wil point out that about 2yrs ago scottish power came to swap my gas meter but the engineer refused to touch it because he said it was unsafe and it shouldn't be in the house.
I've just noticed your update. Sounds bad. Get moved out and then name and shame!
 

dippy1

A few posts under my belt
grumpystaffordguy said:
I've just noticed your update. Sounds bad. Get moved out and then name and shame!
I'm a landlord as well in Stafford and I probably speak for most of the landlords, please name and shame when you are out. Its landlords like this that give us a bad name.
 

Alee

Well-Known Forumite
my landlord has actually been named on this forum already. my fists clenched when i read his name
 
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