New Tenancy Issues

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    New Tenancy Issues

    Good Evening All,

    I found this forum by a happy accident and would like advice on a tenancy issues on which I am not an well versed in.

    I have recently moved into a property which has a few issues that are making my stay as a tenant quite uncomfortable. The landlord was being very incredulous to the said issues and kept repeating that the property had been let for over 20years and no one has reported these issues including the previous tenant who left a week before I moved in. Hence is dragging the issue on instead of getting the problems fixed.

    Things escalated quite a bit couple of days back after I send an email to him and the agency through which I secured the property -detailing that the issues has still not being fixed even after 10 days of my reporting the same. He sent a message telling me not to send emails but rather call him if I have any issues. I called him and explained that I like to have things written down and hence prefer emails rather than calls to avoid issues later on. He got quite heated on hearing this and used words that I found quite inappropriate and insulting . This infuriated me but I remained calm and asked him to meet me at the property so that we can settle this. He came to the property with his handyman and another family member and they all said that they have inspected the issues and all is fine.I then demonstrated the issue in front of them which silenced them and they left saying that they will fix it.

    As it turns out the landlord I have been dealing with is does not own the property and the actual owner is his son who is abroad. This I found out only last week after I had moved in.

    Now I would like to get advice from the learned members of this forums about the following:-
    1) How can I make sure that the person I have been interacting with is properly authorized by the owner to manage and make decisions with regards to the said property? I have a sneaking suspicion that there is no paperwork between the actual owner and the so called landlord and myself being quite disgruntled after the aforementioned phone call would like to avoid dealing with the landlord if possible.
    2) If the 'landlord' does not fix the issues per my satisfaction -what are my options? I have just moved in and I do not mind moving out if immediately if it came to that.

    Thanks
    AY

    #2
    The landlord doesn't have to be the owner (however you define it) of the property. Your landlord is whoever granted you the tenancy (i.e. who it says is the landlord on the tenancy agreement).

    You have a right to unwind within 90 days of the start of the tenancy but if and only if you signed up to the tenancy "because of a misleading action or aggressive practice". The only other option you really have is suing for compensation for disrepair. There's a very limited way in which you can withhold rent: https://england.shelter.org.uk/legal...thholding_rent .
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      Good Evening KTC,
      Thanks for your advice.

      In the tenancy agreement that I have signed- the landlord mentioned is the son of the person I have been dealing with. So technically all my interactions to date has been with someone else other the landlord (as mentioned in the tenancy agreement). But the impression that I got from the agency involved is that they have always death with the father when finding tenants.
      Kindly advice how I can proceed?

      I did some research and I do understand I have very limited recourse available to me if the landlord did not carry out adequate repairs as what I underwent during the phone call does not constitute harassment as defined in tenancy law. Also I have no intention of withholding rent as it is very slippery slope which can go against me if I am not very careful.

      AY

      Comment


        #4
        Without knowing the specifics of your complaints, it is not possible to know if they are things that require urgent action

        Comment


          #5
          Good Afternoon,

          The situation is that in the only bathroom there is neither a window or an extractor fan to dissipate the steam build up after a hot shower. There is a vent which apparently is connected to a communal fan - but it seems to be not working adequately. So after taking a shower the smoke/fire alarm (that is in the hallway just outside the bathroom) goes off if I open the bathroom door even for 30seconds.
          What further exacerbates this issue is that I have a habit of taking showers at night around 11/11:30PM before going to bed. I am bit surprised that none of neighbours have complained about this yet.

          Second question which I am a bit more interested in knowing the learned members of this forums opinion on is that -if in the tenancy agreement the landlord is mentioned as 'A" and the person dealing with the property is 'B' (who are both blood related) - how can I ensure that 'B' has relevant authority to manage and make decisions with regards to the said property?
          As if this situation further escalates, then I might have to take some strict actions and wanted to ensure that it does not turn out to be that 'B' has no authority in any of this.
          FYI I haven't had any actual contact with 'A' nor do I have any of his contact information apart from the address mentioned in tenancy agreement- which again is the UK one and I know he is based abroad.

          Thanks
          AY

          Comment


            #6
            It depends on what you plan to do when you talk about "strict actions".

            A is the landlord if there's a written agreement and A is named as landlord.
            B might be acting as an agent of A (that there's an actual letting agent involved as well makes things a bit complicated).

            If B is acting as agent for A and is clearly responsible for the property, you can reasonably expect B to be speaking on behalf of A.
            If they've said that the issue is going to be fixed, it sounds like a positive outcome.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Your points are well taken. But how do I ascertain that B is acting as agent for A and has relevant authority to do so?
              Am I correct in assuming that if this is the case - then there should be some sort of paperwork confirming the same?
              Or because of their blood relationship B can act on behalf of A without any formal agreement or paperwork?

              Comment


                #8
                Are there any owner occupiers who share the fan?

                Do you know who is responsible for managing the communal areas (not just the managing agent, but who instructs them)?

                Is there a managing agent?

                You should have been notified for an England or Wales address for contacting the landlord. That might be the letting agent's. Sending paper mail there should be sufficient that the landlord cannot claim to be unaware.

                However, it seem unlikely that the relative is acting in bad faith, and you do have reasonable ground to assume that he is acting for the landlord.

                Comment


                  #9
                  There doesn't have to be a written agreement, even if they are not related

                  Comment


                    #10
                    Just deal with the letting agent.

                    Comment


                      #11
                      Originally posted by AXY View Post
                      Your points are well taken. But how do I ascertain that B is acting as agent for A and has relevant authority to do so?
                      Am I correct in assuming that if this is the case - then there should be some sort of paperwork confirming the same?
                      Or because of their blood relationship B can act on behalf of A without any formal agreement or paperwork?
                      If person B acts as though they're A's representative for the management of the tenancy, you are entitled to act as though they are.

                      If you want more certainty, contact A and ask them.
                      If the address you have for A is where B lives, you can imagine who's going to open the envelope.

                      Presumably you pay your rent to the agent?
                      While it's none of your business, I'd love to know who they pay it to.

                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #12
                        Was there a window or extractor fan there when you viewed the property?

                        Comment


                          #13
                          Good Evening,

                          Many thanks to all the responses and advice.

                          I will try to answer all the questions raised by members below:-

                          1) The letting agents are only responsible for letting the flat out, drawing up the tenancy agreement and finalizing the initial inventory report. The rent will directly paid to the actual owner of the flat 'A'. After that ,the flat management is being carried out by person 'B'

                          2) Currently the agents are still involved because the problems that I am facing by me had been mentioned to them even before the letting was agreed as when I viewed the property the extractor fan didn't came on when I switched on the lights. This make us i.e. myself and the agent showing me the flat - to believe that extractor fan is not working and this was mentioned to the landlord i.e. 'B'.
                          Only after I moved in I realized that there had never been an extractor fan and this is the excuse B is making to wriggle out of this and not get one installed.

                          3) What I unable to understand is if there is no requirement to have any paperwork/written agreement between the landlord and any other person acting on his behalf then how can the owners liability be proved in case of something the other person did or didn't do?

                          Say in my situation if the person 'B' refuses to make repairs and I somehow live in the flat until the break clause can be triggered and during these 4-6months because of the condensation/steam there is substantial mould build up in the bathroom. The actual landlord 'A' might say that all my emails/messages/calls never reached him and 'B' was never authorized to make these decisions- then how would this situation be resolved?
                          A might demand I pay for damages.

                          AY

                          Comment


                            #14
                            Originally posted by KTC View Post
                            The landlord doesn't have to be the owner (however you define it) of the property. Your landlord is whoever granted you the tenancy (i.e. who it says is the landlord on the tenancy agreement).
                            [/url] .

                            I can say from first hand experience that this is not strictly true. I went to court this week and the court accepted that the landlord is the person to whom rent was paid i.e. who got the cash in their bank account.

                            When I rented I never had a tenancy agreement on paper, but since I have started a non-compliance deposit case against the guy I paid rent to, he sent over a tenancy agreement with a family's name on it as the landlord and a Section 8 notice with the family's name on it as the Landlord.

                            When I spoke before the Judge on Wednesday, I said that notwithstanding the fact the tenancy agreement produced has another name on it, I paid rent to XXX and that is why I am suing XXX. This was accepted by the court and the tenancy agreement with the other name on it that they produced fell by the wayside, so strictly speaking, it is possible for a court to bypass a tenancy agreement with a named landlord and decide that the receiver of the rental payments is the "Landlord".

                            Comment


                              #15
                              Originally posted by MW1985 View Post
                              I can say from first hand experience that this is not strictly true. ....
                              You're describing a situation where the facts clearly show you had a tenancy long before any paperwork was produced by one side, and produced unilaterally in response to a court claim. When there's an agreed tenancy agreement where the person or company stated as landlord is by the facts of the case a party to the contract, the landlord is going to be who the agreement say is the landlord.

                              And yes, even that has to be read with caveat, the landlord's interest can be assigned, a company can be dissolved etc.
                              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                              I do not answer questions through private messages which should be posted publicly on the forum.

                              Comment

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