Problems with previous landlord/ conditions of the home

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    Problems with previous landlord/ conditions of the home

    I was just hoping that someone could give me some advice on an issue I'm having with my previous landlady. She contacted myself and my flat mate to inform us that she intended to sell the home which we were living in as she could no longer afford the upkeep of the place, following which she informed us she wasn't selling the flat- but by this time my flat mate had already moved out and I was unable to afford the rent alone which the landlady expressed great annoyance about.

    For the past 18 months we lived in this woman's house and during this time we put in a complaint about the upstairs bathroom leaking (the ceiling was literally falling off downstairs and the walls were becoming damp). She asked us not to use this bathroom and use the one downstairs while she got it fixed. However, this wasn't fixed for over 18 months and was still in the same state when we left.

    During the course of our tenancy we also complained that the toilet water was backing up through the sinks in both the kitchen AND the downstairs bathroom as well as up the downstairs bath. She asked us to buy drainage un-blocker- we must have spent about 30-40 on this stuff before she finally conceded after almost a month to call in a professional plumber and get it sorted.

    Then the cooker (which belonged to the flat and was therefore covered by the tenancy agreement) broke down, in the 3 months it took for us to find a new home and move out we had no way of cooking our food as this woman refused to send someone out to fix it.

    We have since moved out of the home around 4 weeks ago, the landlady told us she was going to collect the keys which she never bothered to do until today, she is now threatening legal action and refusing to release my deposit as she believes that she is entitled to another months worth of rent. It disgusts me that after everything this woman has put me through that she would resort to such an underhanded trick in order to get more money out of us- she already had one set of keys and the flat has been available for viewing, is there anything I can do about this?? I'm not really up on the law regarding this!!! Thank you.

    #2
    1. L's intention to sell makes no difference to your tenancy rights, you know. She could sell the property tenanted.
    2. So you/T2 need not have taken any sudden steps to vacate unless L served any valid Notices on you. Did she?
    3. Did you/T2 ever formally demand that L comply with s.11 of the Landlord and Tenant Act 1985, under which she is inescapably liable for the property's structure and mains installations (gas/electricity)water/drains)? Do an LZ search for many, many threads about this.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      She didn't serve us with any notices, she told us chances were we wouldn't have a home in the next few months, like I say we don't know much about the laws regarding this, we did contact her many times about the state of the place but again we didn't know the specific laws, to be honest I think its because she doesn't have our deposits

      Comment


        #4
        If you have received no Notices, you can sit tight and keep paying rent each month.
        PLUS you could threaten to sue L for disrepair contravening s.11.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Thank you very much, you have been very helpful, we threatened to go to the environmental health office before she sorted out the plumbing and even then she only sorted out the downstairs bathroom!

          Comment


            #6
            Originally posted by jeffrey View Post
            If you have received no Notices, you can sit tight and keep paying rent each month.
            PLUS you could threaten to sue L for disrepair contravening s.11.
            She says they have already moved out Jeffrey.
            I offer no guarantee that anything I say is correct. wysiwyg

            Comment


              #7
              Originally posted by jeffrey View Post
              If you have received no Notices, you can sit tight and keep paying rent each month.
              Originally posted by jta View Post
              She says they have already moved out Jeffrey.
              Yes, I know; my comment was more so that future readers (esp. 'guests', who aren't members) will know that T need not leave.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment

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